Gambia Constitution Draft Deepens Divides and Draws Ecowas

Ecowas must help settle arguments about The Gambia's new draft constitution. This draft gives more power to presidents and changes term limits.

Eight years back, the Economic Community of West African States helped end The Gambia's 20-year dictatorship. They started the country moving toward democracy. Today, The Gambia still needs Ecowas support to stay stable.

In December 2016, President Yahya Jammeh refused to accept losing the election. Ecowas stepped in with talks and threats of military action. The African Union and the United Nations-supported these efforts. Because of this work, Jammeh left, and President Adama Barrow took office in January 2017.

The main part of changing The Gambia involves fixing the 1997 constitution. This would allow important reforms to reshape politics and the country's running. This process matters for security reforms and justice for victims of Jammeh's rule.

Under Barrow, people have more freedom to speak and organize. Yet, making a new constitution remains hard.

Political groups continue to argue about the draft constitution. After lawmakers rejected the 2020 draft, nothing happened for five years. The government published a new version in August 2024, which opposition parties and citizen groups have criticized.

Critics call it the "Barrow Constitution." It does not make clear if term limits apply to Barrow himself. Unlike the 2020 version, this draft gives presidents more power. It removes rules requiring Parliament to approve minister picks and key appointments. Presidents can still appoint five lawmakers directly.

People told researchers they believe the new draft lets Barrow run two more times. This comes after he already served two terms by 2026, when the next presidential election happens.

Lawmakers first read the draft on December 23, 2024. A second reading comes next. But the draft might still fail. The main opposition United Democratic Party, promises to vote against it. These strong positions mean Ecowas needs to step in again.

As a key supporter of The Gambia's stability, Ecowas could restart peace talks led by former Nigerian president Goodluck Jonathan. These talks tried to build agreement on key issues. They began in Banjul after the 2020 draft failed and continued in Abuja. Talks stopped when parties could not agree.

Beyond constitutional problems, The Gambia struggles with justice for past wrongs. The Truth, Reconciliation and Reparations Commission wants to prosecute people for human rights violations from 1994-2017. It asks for payments to victims.

A few people faced punishment through Gambian courts. Former local government minister Yankuba Touray received a sentence for killing ex-finance minister Ousman Koro Ceesay. But Gambian law cannot handle international crimes without outside help.

Some cases happened outside The Gambia. A German court gave life in prison to Bai Lowe, who belonged to Jammeh's "Junglers" kill squad. A Swiss court sentenced former interior minister Ousman Sonko to 20 years for crimes against humanity in May 2024.

Seeing the need for outside help with prosecutions, Ecowas leaders approved a Special Tribunal for The Gambia in December 2024. This mixed court can hold trials inside or outside the country.

Success depends on having enough money and trained people. Ecowas could provide much of this. The court lets The Gambia get help from Ecowas members like Senegal, Nigeria, Ghana, and Sierra Leone. Sierra Leone ran a similar court in The Hague before.

Ecowas support remains vital for security reforms, even as Gambians increasingly want Ecowas troops to leave. The Ecowas Mission in The Gambia started in January 2017 to protect government buildings and help reform security forces. Many feel these troops affect national independence.

The National Security Strategy and Security Sector Reform Strategy were passed in 2020. Little progress was made after that, including right-sizing defense forces.

A big problem comes from distrust between the president and the military, especially the army. This makes the president depend on Ecowas forces for protection. People see these forces as mostly protecting Barrow's government. Instead, they should focus on helping finish security reforms soon.
 

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