By Mohammed Silla
The redrafting of the Gambian constitution by the executive branch not only undermines the integrity of the democratic process but also poses a significant threat to the country’s long-term political stability. When a small group of individuals at the top of the government takes control of such a critical process, it effectively silences the broader population and erodes the foundational principles that a democracy is built upon. This situation is particularly alarming when it involves the manipulation of key constitutional provisions, such as term limits, which are designed to prevent the concentration of power and ensure political accountability.
Concerns:
1. Deepening the Undermining of Democratic Principles:
Lack of Transparency and Inclusivity: A constitution should be a reflection of the collective will of the people. It is a social contract that governs the relationship between the state and its citizens. When the executive unilaterally redrafts the constitution, it not only bypasses the essential processes of consultation and consensus-building but also disregards the voices of the people. This lack of transparency and inclusivity can result in a constitution that fails to address the needs and aspirations of the broader population, thereby weakening the very foundation of democracy.
Concentration of Power: The redrafting process, when controlled by a select few, often leads to the centralization of power within the executive branch. This concentration of power undermines the system of checks and balances that is critical for preventing the abuse of authority. Without effective legislative and judicial oversight, the executive branch can act with impunity, leading to policies and decisions that may not be in the best interest of the public.
2. The Role and Importance of Term Limits:
Safeguarding Against Autocracy: Term limits are a crucial feature of democratic governance. They prevent any single individual or group from holding onto power indefinitely, thereby reducing the risk of autocratic rule. By ensuring regular changes in leadership, term limits foster political accountability and encourage the renewal of ideas and policies. When term limits are removed or weakened, it signals a shift towards authoritarianism, where leaders may prioritize their own interests over those of the nation.
Promoting Political Stability and Trust: Term limits contribute to political stability by preventing the entrenchment of power. They create a predictable political environment where citizens can expect regular opportunities to influence governance through elections. This predictability builds public trust in the democratic process. However, when term limits are tampered with, it can lead to public disillusionment and erode trust in the political system, as citizens may perceive that leaders are manipulating the rules to maintain power.
3. Leadership Integrity and Transparency:
Importance of Leadership Integrity: For any democratic system to function effectively, the integrity of its leaders is paramount. Leaders must demonstrate ethical behavior, honesty, and a commitment to serving the public interest. When leaders lack integrity, it not only erodes public trust but also sets a dangerous precedent that can lead to widespread corruption and abuse of power.
Declaration of Net Worth: One of the key measures to ensure transparency and accountability in leadership is the requirement for public officials, especially those in the executive branch, to declare their net worth. This practice serves as a safeguard against corruption by making the financial interests of leaders publicly known, thereby discouraging the use of public office for personal gain. The absence of such transparency mechanisms can lead to conflicts of interest and a lack of accountability in governance.
4. Erosion of the Rule of Law and Legal Integrity:
Undermining Judicial Independence: A constitution that is altered to serve the interests of a small elite often includes provisions that weaken the independence of the judiciary. This erosion of judicial independence makes it difficult for the courts to act as a check on executive power, leading to a legal system that is biased and less capable of protecting citizens’ rights. Without an independent judiciary, the rule of law is compromised, and the government is less accountable for its actions.
Long-term Consequences for Governance: The manipulation of constitutional provisions, such as term limits, can have long-term negative consequences for governance. It can lead to a political environment where leaders are more focused on maintaining their grip on power than on addressing the needs of the population. This can result in poor governance, corruption, and a lack of responsiveness to public concerns, further deepening the divide between the government and the governed.
5. Risk of Social and Political Unrest:
Public Discontent and Protests: When citizens feel that their democratic rights are being undermined, it often leads to public discontent and protests. The removal or weakening of term limits, in particular, can be seen as a direct attack on democratic principles, prompting widespread opposition. In many cases, such actions have led to large-scale protests, civil disobedience, and even violent clashes between protesters and security forces.
Potential for Long-term Instability: A constitution that lacks legitimacy and broad-based support is unlikely to bring about long-term stability. Instead, it may exacerbate existing political and social tensions, leading to cycles of unrest and instability. In the worst cases, it can create conditions for a power vacuum or even a breakdown of the state, as different groups vie for control in the absence of a trusted and respected government.
Conclusion and Call for Action:
The redrafting of the Gambian constitution by the executive, particularly the potential manipulation of term limits and the disregard for leadership integrity and transparency, is a deeply concerning development that threatens to undermine the country’s democracy and political stability. These actions represent a serious breach of democratic principles, concentrating power in the hands of a few and eroding the rule of law. The consequences of such moves can be severe, leading to public unrest, the erosion of trust in government institutions, and long-term instability.
To prevent these outcomes, it is crucial that the constitutional reform process is transparent, inclusive, and reflective of the will of the Gambian people. Civil society, political opposition, and international partners must advocate for a constitution that upholds democratic values, ensures the separation of powers, protects the rights of all citizens, and mandates leadership integrity and the public declaration of net worth. Only through a genuine and participatory process can The Gambia secure a stable and prosperous future based on the rule of law, democratic governance, and transparency in leadership. This approach will not only help to preserve the country’s democratic gains but also foster a political environment where the rights and freedoms of all citizens are respected and protected.