By Adama Makasuba
The Gambia Christian Council has reacted to the rejected draft Constitution that it failed to “sufficiently” protect their religious rights.
Speaking on behalf of the council at a news conference held on Tuesday, Bishop James Yaw Allen Odico said his council “is extremely concerned by several provisions in the draft Constitution and the fact that our feedback on this area was not considered.”
“The belief that our plights in key public policies matter continued to be somewhat of an after touched if at all it is taken into account. Like many, the Gambian Christian Council was surprised at the result of the votes. The council have expected that the draft Constitution would secure the required growth to allow it to be considered by human rights and constitutional matters committee of the National Assembly for further deliberation.
“The council therefore sent a letter and report to the said committee to make our concerns clear and to request the same to be considered. The council had been clear that the amended 2020 draft constitution did not sufficiently protect the religious rights of the Christian community in that,” he said.
Meanwhile, Bishop Odico highlighted that “section 36 allows an unprecedented restricting of the fundamental human rights of Gambians. We are concerned that the Christians can under the Constitution one day find their religion being restricted and this is not a risk we are prepared to take. Moreover, section 37 is inconsistent with the United Nations’ International Charter on civic and political rights [ICCPR] as it doesn’t mention all the absolute fundamental human rights that should not be encroach upon by a state party like The Gambia.”
“Two, section 49 [3] by using may not rather than shall not, doesn’t earn equivocally prevent a Christian of that matter as a citizen from being denied access to any institution, employment of facility or the employment of any right because of their belief or religion. Three, it is reassuring that section 88 and 153 states that the President and the National Assembly cannot establish a state religion. This provision is completely undermined by the reinforcement and expansion of a religious legal system that is designed to operate at per with the common law system in the 2020 constitution. Furthermore, the draft constitution is silent on the state being separate from all religious affairs to avoid the abuse of the Jammeh regime in any future government,” he added.
He added pointed out further that “Four, a new religious legal system would be imposed on all citizens of The Gambia irrespective of your religion as under section 188. The sharia high courts were given original jurisdiction to hear and determine all matter relating to marriage, divorce, inheritance, and endowment against people who are subject to sharia in that regard.”