By: Binta Jaiteh
The National Assembly select committee on Gender and Children’s Welfare has vowed to write a resolution to the National Assembly for the government to reverse its decision on the prerogative of mercy due to the non-adherence of the government to establish a committee on the exercise of the course.
According to the constitution, Section (82) subsection (2) of the 1997 Constitution states: “There shall be a Committee on the exercise of the prerogative of mercy consisting of the Attorney General and three other persons appointed by the president subject to confirmation by the National Assembly”
Honourable Fatoumatta Njie, Chairperson of the Gender Committee said this during a meeting with Parliament’s select committee on Gender and Children’s Welfare on issues affecting women and girls.
According to the chairperson, the National Assembly was not aware of the approval and establishment of any committee which is forcing the committee to a plenary to write a resolution, so that members can look into the matter.
She said the government failed to follow due process of the constitutional provision. “We have every right to tell the President that what he does is wrong. The government should reverse whatever decision they make because, I think, we owe it to the country to make sure that the right thing is done.”
She added that the President has the power to pardon but we also must know how the prerogative of mercy is given.
Fallou Sowe, National Coordinator of the Network Against Gender-Based Violence (NGBV) expressed dismay over the decision of the President.
“It should be a concern of government to critically look at some of the cases before they are taken to the President for pardon because quite a number of the cases are rapists. Some raped girls as young as four years old,” he stressed
He said, we need to be very careful for the public interest and also not to give the impression that the government is trying to make people who have committed heinous crimes, that after committing the crime they can be pardoned.
This is not a good sign from the government, he said and added “We need to re-echo that and inform the committee and other government institutions that it is frustrating for us as advocators and activists. We are disappointed and surprised by the decision of the government.
“We don’t know what might be the reason but whatever may be the case, the government is supposed to think critically as to the issue before making such a decision that could have a greater impact on not only the Gambia but also the way the world will perceive the country as a nation.”
He asserted that over the years a lot has been done and the Gambia has enacted quite several laws addressing sexual and gender-based violence notably the Women’s Act.
“One of the biggest challenges we faced as a nation is enforcement or the effective implementation of the laws and policies that address gender-based violence and child protection in the Gambia,” he disclosed.
Tabu Njie, Subject Matter Specialist affirmed that the President has been given the power by the constitution to pardon but an expert is supposed to be there to at least do a background check on the list.
“A person who has been detained or jailed as a result of murder or rape which are all capital offenses need not be given a prerogative of mercy,” she echoed.
Hon. Tumanding Sanneh, a member of the committee said there was no consultation made with the National Assembly according to committee members regarding this issue.
“I don’t know where the President got the advice from,” Hon Sanneh ranted, and continued her statement “This is why we say that the President doesn’t have the right advisers. How can you pardon a person who murdered or raped a child? Either the people who are advising him are not following the constitution or they lack constitutional knowledge.”