Constitutional Flaws and Gambia’s Fragile Democracy

With the Junta’s transformation to a political party after the 1994 military coup, and its subsequent adoption of a new constitution negating presidential term limits, hopes for a transparent and sustainable democracy were reduced into a thin air.What has become more troubling is not only the government’s undemocratic hostile nature towards the press, but the local government amendment acts that empowered the President to appoint district chiefs, village heads and dissolve area councils if he desires to do so. These are some of the challenges facing the Gambia’s fragile democracy.

PRESIDENTIAL TERM LIMITS

Taking a quick look at the politics of term limits in the sub-region, one could rightfully ascertain that West African politics has shifted towards adoption of term limits as the vehicle to a transparent and sustainable democratic culture. Today, even countries that struggled with military dictatorships in the sub-region found the adoption and implementation of term limits as the rightful tool for transparency, accountability, and good governance in a democratic culture.

For example, Nigeria, Ghana, Sierra- Leone and Guinea Bissau that are known for their cycle of military coups, have today taken the forefront in the adoption of Presidential term limits. Even, Senegal that has a history of stability and good governance resorted to adopting term limits for serving Presidents. Hopes for these countries remain high as their constitutional blue print has set the stage for people to give up power struggle through violence and vengeance. The last elections in Sierra-Leone, and the challenge to former President Obasanjo’s attempt to amend the Nigeria constitution to enable him contest for a third term, are testaments to that validity.

Could such political transformations be an example for Gambia’s fragile democracy? Should Gambian authorities follow suit in the interest of good governance, stability and transparency in a democratic culture? These are some of the questions Gambian citizens continue to ponder.

What remains certain is that “Term limits are the ultimate magic bullet for solving the problem of decades of unprecedented monopoly of power by unscrupulous politicians responsible for the stagnation of our dear continent.” (Rtd Colonel Samsudeen Sarr). Colonel Sarr could not have said it better, because for the African continent to escape the shackles and dubious manipulations of power hungry demagogues, a blue print redefining term limits for heads of governments must be properly put in place. The Gambia must therefore be no exceptions to such a growing emerging universal consensus. Government must therefore adopt legislation that will usher the adoption of term limits for the one time beacon of peace; The Gambia.

THE DRACONIAN MEDIA ACT

As the media has become the dominant means of communication in the 21^st century, it has ushered in a nouvelle paradigm that is transforming the way we think, behave, relate, and create. The dominance of communication technologies in today’s global media created more ‘analytical and rational minds that  see the world as parts assembled in an orderly whole,’ like the words in a sentence or phrase. It is such a nouvelle paradigm that has threatened governments and leaders of emerging democracies, and therefore responsible for the complex and dangerous relationship with the media.

Today, in most developing countries, journalist have been murdered, imprisoned or forced to flee for fear of persecution. The Gambia is a unique example to that reality.

The hostile nature of the Gambia government towards the press is not a new phenomenon in global politics, as it continues to clamp down on the media. Since its inception to the helm of Gambian affairs, the government of President Jammeh is widely alleged to have masterminded arson attacks on media houses, detentions incommunicado, disappearances and torture of journalists. Consequently, such a hostile environment resulted to the shooting death of Journalist Deyda Hydra in 2004, and the subsequent fleeing into exile of numerous others.

Shortly after veteran Journalist Deyda Hydra was murdered, a draconian media law that could fine and imprisoned Journalists was introduced by the government. This has put restrictions on freedom of the press, therefore undermining the democracy of the tiny West African country.

Freedom of the press and opinion is the key to any viable democratic government.The office of a public figure puts officials under a spot light and therefore subjected to public scrutiny. Challenging such rights not only undermines democratic values, but a universal repugnance of mankind that threatens the peace and stability of any nation.

For the Gambian nation to excel in its democratic credentials the draconian media law must be repealed and all impending threats against Journalist and the entire media fraternity must seize. The media’s role as a developmental partner in the global economy must in no way be compromised.

A fundamental attribute of the media is enlightenment and awareness in the parables of public discourse. Such an attribute must not be viewed a threat, but a mechanism of empowering citizens.

During her opening remarks at the last workshop organized by the West African Journalists Association (WAJA), in collaboration with the Gambia Press Union, the young and charismatic information Secretary of State, Mr. Fatim-Badgie-Janneh has no doubt emphasized the importance of press freedom and responsible journalism as a beacon of development in the 21^st century. Citing the contribution of the media in fueling crisis such as the genocide in Rwanda, the young secretary of state demonstrated leadership, knowledge and laid the ground in bridging the divide between the Gambian media fraternity and government.

Now that Secretary of State Fatim-Badgie-Janneh pioneered such a milestone, it is important for the Gambia government to further consolidate and strengthen the young minister’s vision for a Gambia that will maintain a friendly relation with the media as partners in development. That vision could however only be achieved through a bold move on the part of the government in repealing the draconian media law and freeing all disappeared journalists. This will usher in a new paradigm in the relation between government and the media.

 THE LOCAL GOVERNMENT AMENDMENT ACTS

Stinging in the minds of many political pundits is the new Local Government Amendment Act that was successfully introduced in to law by parliament. With such a new legislation, the President is empowered to appoint village heads, district chiefs and to even dissolve district area councils.

It can be recalled that since attaining independence in 1965, the responsibility of village head, district chief and area councilor were assigned through a contested popular vote. However, with the consolidation of power as an ulterior motive, a democratic etiquette widely hailed in dispensing such local responsibilities was hijacked by the administration of President Yaya Jammeh. Such public functions contributes immensely towards institutional building at local echelons of  Gambian society. A  sudden shift from such democratic trends only continues to  undermine the fabrics of our democracy as a nation.

Gambian authorities must therefore understand that it was similar wide spread divisions, flagrant restriction on freedom of expression, widespread torture, enforced disappearances and extra-judicial killings were the triggering factors for the crisis that ravaged Liberia, Ivory Coast, Guinea- Bissau and Sierra – Leone. These regional experiences are golden opportunities that we must draw conclusions and lessons from. Those opportunities and lessons are empowering the people and maintaining truthfulness towards the ideals and the code of arms of our beloved nation.

Since the attainment of independence in 1965, the Gambia has successfully accomplished a lot with lots more challenges remaining. Throughout this journey, we have proudly maintained our sovereignty, security and economic dependence as a promising young African nation.

Although the regime of President Jawara had its own flaws, it has emboldened the fabrics of our democracy by upholding human rights, press freedom and robustly democratized institutions of local governments across the country. The most evident democratic flaw at the time was a failure to introduce Presidential term limits.

When the Gambia National Army overthrew the democratically elected government of Sir Dawda Kairaba Jawara in 1994, they ended the longest surviving democracy and serving head of state in Africa (Saine, 2002). Among some of its grand observations, the military government vowed to set up constitutional term limits and to everyone’s surprise that notion was squashed into the doldrums of Gambian history (Zaya, 2001).

For the Gambia to propel in its democratic standing, it is therefore imperative to introduce presidential term limits, and repeal both the draconian media and local government acts in the interest of peace, unity, prosperity and stability. Only history will judge those responsible for failing to do so.

“There is a need for understanding but not for vengeance, a need for reparation but not retaliation, a need for ubuntu but not for victimization.”(Postamble, South African Interim Constitution)

The author holds a Masters Degree in Global Affairs from New York University. He is an Independent Researcher, Analyst and Consultant. He also produces The Sword of Truth at http://sofawarrior.blog.com/ and could be reached at binneh@senegambianews.com or bsm235@nyu.edu