Cognizant of the following impeding factors and in complementarity to the executive’s efforts, Gambia Participates has been engaging a diverse array of constitutional stakeholders such as government official, political parties, the Supreme Islamic Council, the Gambia Christian Council, Parliamentarians, Media and Civil Society Organizations, with the aim of assimilating their insights to achieve the “constitution we want”. These dialogues have been instrumental in formulating a comprehensive Constitutional Position Paper that encapsulates pertinent recommendations for the government’s appraisal, ensuring the creation of a constitution that is reflective of the citizenry’s aspirations.

Following the validation of the Constitution We Want Position Paper by stakeholders, Gambia Participates in partnership with the National Endowment for Democracy (NED) on May 30th, 2024, held “The Constitution We Want Convergence” at the Sir Dawda Kairaba Jawara International Conference Center. The constitutional discourse brought together a wide range of stakeholders such as political parties, religious leaders, National Assembly, local government officials and civil society organizations to redefine the path to having a new constitution for the Gambia and to unveil the points of dissent, build consensus and decoding misconceptions of salient issues in the draft constitution. This event facilitated crucial dialogue on the contentious issues embodied in the draft constitution and explored solutions to address these concerns to legislate a new and inclusive constitution for the Gambia.


The engagement gathered a total of 145, of which 63% were male and 37% female.
Remarks
At the outset of the constitutional convergence, an opening remark was delivered by Marr Nyang, setting the tone for the conversation underscoring the significance of this historic endeavor. His statement was a clarion call for action, inclusivity, and a shared commitment to the principles that will shape our nation’s future.

Marr Nyang – Founder of Gambia Participates
The opening statement highlighted the critical juncture at which the country finds itself, emphasizing the opportunity to construct a constitution that truly reflects the diverse voices and values of our society. It served to remind all participants of the importance of this process, the weight of their contributions, and the profound impact their deliberations would have on the nation's trajectory
Sequel to the delivery of the opening remark, statements from the legislative body by Mr. Kalipha MM Mbye, the Clerk for Legal and Procedural Matters at the National Assembly of The Gambia followed suit. In his address, Mr. Mbye reassured the Gambian people that the office of the clerk is committed to the issue of constitutional reform. He emphasized that the constitution would undergo the necessary parliamentary procedural processes in the National Assembly once reintroduced to Parliament by the executive branch.
Mr. Salieu Taal, the Chairperson of the Board of Advisors - Gambia Participates, also delivered a speech during the openings fervently stating that it would be a stain on the collective conscience of Gambians to continue being governed by a constitution created by the former president to discriminate against the people. He further asserted that history would not judge the nation kindly if this opportunity to introduce a new constitution is missed.

Salieu Taal – Lawyer and Gambia Participates Board of Advisors Chairperson
This was succeeded by a presentation of the Constitution We Want Position Paper to stakeholders by Annetta BV Mahoney, Program Manager at Gambia Participates. This session unveiled the position paper's content, giving a detailed explanation of the objective of its development. Ms. Mahoney disclosed the methodology used, the content of the paper, key contentious issues and the ways forward to ensure the passage on the draft constitution.
Panel Discussions
Session 1: A multi-dimensional approach towards a new republic/ possible roadblock to overcome in achieving a new constitution
This session, moderated by Ms. Neneh MC Cham, President of the Gambia Bar Association featured Professor Abdoulie Saine from the Nyang Sanneh Institute, Mr. Sait Matty Jaw from the Center for Research and Policy Development, and Mr. Abdoulie Fatty, a distinct and seasoned legal practitioner. The discussion primarily focused on the contentious issues within the draft constitution that potentially necessitated its rejection by parliament in September 2020.
Professor Saine expressed significant concern about the inclusion of the word "secular" in the draft constitution as a fundamental contention and the resulting divide between the two prominent religious groups (Christianity and Islam) in The Gambia. Professor Saine equally dwelled on ‘Citizenship’ in the rejected draft constitution as a key issue that sparked debate in the constitutional discourse. He demonstrated how the odds were against foreign nationals residing in The Gambia whose children are unrecognized and deprived of acquiring Gambian citizenship. He stressed that the conditions for the acquisition of a Gambian citizenship discriminate against foreign nationals thus disadvantaging their offsprings born in the Gambia.
Flipping the other side of the coin, he additionally buttressed that Gambians born abroad thus holding dual citizenship are ineligible to hold public office in the country. Professor Saine further shed light on other cross cutting issues such as the heated debate on repealing the Female Genital Mutilation (FGM) law as a violation of fundamental human rights subjecting women to immense pain and health complications. In his concluding remarks he entreated the government to maintain the current ban on FGM to protect and preserve the rights and dignity of women and girls in the Gambia.
Speaking at the panel, Mr. Sait Matty Jaw emphasized the necessity of interfaith dialogue between Christians and Muslims regarding the term "secular" to clear the numerous interpretations attached to the term. He added that the absence of dialogue between the two faiths has been a key recipe for the divergence in opinion on whether secularism should be added or not in the draft constitution. He argued that without such a dialogue for more clarity and consensus, the draft constitution would not progress. By way of conclusion, he stressed that political parties owe citizens the duty to put their partisan interests aside and compromise towards adopting positions that seeks to serve the general interest of the citizenry in the absence of which, there will be no new Gambia without a new constitution
Wrapping up the conversation, Counsel Fatty likened the situation of the need for a new constitution with a visa application process stating that if the application is rejected, one reapplies, addressing all the possible reasons for the rejection. He suggested that The Gambia should address all the issues that led to the draft constitution's rejection to ensure its approval when it is re-tabled before parliament. Aligning his argument with the fellow panelists, he emphasized the need for exercising compromise and consensus if the Gambia wants a new constitution.
Summarily, the panelists discussed inherent roadblocks The Gambia might face in its pursuit of a new constitution.
Session 2
The panel discussion on multi-dimensional approaches to reviving the constitution was succeeded by an invigorating panel which included Mr. Omar Bojang Supreme Islamic Council (SIC), Reverend Gabriel Allen Gambia Christian Council (GCC) and Fatou Jagne Founder of Center for Women Rights & Leadership (CWRL) on ‘An Inclusive Constitution- Religious perspectives’ a session brilliantly facilitated by Salieu Taal, which examined the religious and gender perspectives of leaders of the two main religious groups in The Gambia and the conversation centered around the respective stances of the two groups regarding the draft constitution. Speaking at the panel, the representative from the Gambian Christian Council (GCC) represented by Reverend Leonard Allen, expressed a detailed stance on the inclusion of the word ‘Secularism’ in the constitution to accord the Christian faith the assurance and freedom to practice their religion without discrimination, fear or intimidation as an inherent fundamental human right.


Imam Omar Bojang - Supreme Islamic Council Reverend Leonard Allen - The Gambia Christian Council
Given that secularism has been a misunderstood topic between the two religious groups in The Gambia yielding nationwide debates, the moderator began by clarifying the term “secular” and what it means from a legal perspective. This provided the audience with a base understanding for the conversation to build upon. The Gambia Christian Council (GCC) then went ahead to state their stance on the “secular-shariah” controversy, expressing that it “threatens the socio-cultural peace and stability of The Gambia. He also expressed that the draft constitution did not reflect the intent of the preamble however, he respects the current constitution because it is the constitution that allowed Gambians to elect a new president after what he called a scare in the Cristian Community when former president Jammeh declared The Gambia an Islamic State. Therefore, it is important to the Christian Council that the word “secular” be included in the draft constitution to avoid the possibilities of such declarations in the future.
Imam Omar Bojang, representing the Supreme Islamic Council deliberated on the concerns of the Council which is in alignment with the general conviction of the Muslim community. Mr. Bojang expressed concerns over the inclusion of the word ‘secular’ in the constitution asserting that the doctrine of secularism is not friendly to any religious sect and that religious values exclusively determine societal norms. The analogy of the argument is anchored on the use of religion as the yardstick to gaging right from wrong in society and the interference of state affairs. Dwelling on the resolution of the council, he emphasized that as a religious community, they cannot have all their concerns addressed in the constitutions thus willing to strike a compromise to allow equity in accommodating the concerns of other groups and for creating a more inclusive and just democratic society.
In response to the concerns advanced by the Gambia Christian Council on the expansion and ambiguous nature of the jurisdiction of Sharia Court, the Supreme Islamic Council elucidated the reasoning for the expansion of the jurisdiction and application of the Sharia Court stating that the court can only exercise jurisdiction in matters relating to marriage, divorce and inheritance and that the exercise of such jurisdiction is based on choice as Islam is a personal religion free from compulsion. Thus, persons that do not wish to be governed by the Sharia Courts can approach other conventional courts in the judicial system. On the issue of marriage, the Islamic Council has expressed discomfort on the wording on marriage urging the drafters to provide a more definitive and specific definition of the word in the draft constitution. He stated that ‘marriage is between a natural man and natural woman’ and the constitution should recognize that.


Fatou-Jagne-Senghore Neneh-MC-Cham
Fatou Jagne, wearing gender lenses, hinged her arguments on mainstreaming gender considerations in the draft constitution specifically on issues regarding marriage. Crafting a sharp contrast between the Gambia and Senegal, she found it crucial to compare processes with countries that have similar religious realities to the Gambia such as Senegal by adopting certain principles that protects both the majority and minority. She believes in a new and improved constitution that considers and promotes national interest, inclusivity but most importantly protects the rights and dignity of women.
Concluding her presentation, she emphasized the need to be governed by a constitution that respects the rights of all citizens to live harmoniously in a democratic society.
Session 3
This panel, moderated by John C. Njie, was aimed at arriving at a political consensus for a new constitution at parliamentary and referendum levels and understanding parliament's readiness to receive, review and legislate a new constitution. The session featured representatives from the main opposition United Democratic Party (UDP), Gambia Democratic Congress (GDP) and Alliance for Patriotic Reorientation and Construction (APRC). The goal was to create a shared vision that reflects the diverse interests and aspirations of the nation's populace. Through open dialogue, representatives from these parties identified common ground and addressed contentious issues constructively.
An important part of the discussion was dedicated to understanding the political party's stance for enacting a new constitution. The panel also underscored the importance of public participation in the constitutional process. The panel successfully laid the groundwork for a collective approach to constitution-making. By fostering political consensus by preparing the parliament for its legislative role.
Ousainou Darboe raised the hopes of participants and citizens by stating that “we have to be hopeful that if the constitution is tabled at parliament, it would be passed with absolute majority”

Ousainou Darboe – Leader of the main opposition party UDP
Activity Outcomes:
The convergence registered a resounding success with key outcomes. Below are detailed outcomes from the convergence:
Identification of Contentious Issues
Key issues within the draft constitution, particularly the inclusion of the word "secular," were thoroughly discussed. This highlighted the specific areas that need attention and resolution to ensure broader acceptance.
Political Parties’ Position
The necessity for political parties to adopt positions that benefit the public was emphasized. This outcome aimed to align political strategies with the broader national interest, ensuring that the constitution reflects the people's will.
Strategic Approach to Reintroduction
Drawing on Counsel Fatty’s analogy, the discussions underscored the importance of addressing issues that warranted the rejection of the constitution in September 2020. This strategic approach is intended to refine the draft constitution, making it more likely to pass through the National Assembly
Public Awareness and Mobilization
The event increased public awareness of the constitutional reform process and the critical issues at stake. This outcome is expected to mobilize public support and advocacy for the adoption of the new constitution.
Commitment from the National Assembly
Mr. Kalipha MM Mbye assured that the office of the clerk is dedicated to accompanying the Gambian people through process, emphasizing the National Assembly's role in ensuring the necessary parliamentary procedures are followed.
Enhanced Stakeholder Engagement
The event successfully brought together a diverse group of stakeholders (145 participants), including political parties, religious leaders, lawmakers, and civil society organizations, fostering a sense of collective responsibility and ownership over the constitutional reform process.
Key Quotes
- “We have to be hopeful that if the constitution is tabled at parliament, it would be passed with absolute majority” - Hon. Ousainou Darboe, Party Leader of the main opposition party – United Democratic Party
- “The constitutional building process is not a contestation of religions” - Salieu Tall – Legal Practitioner
- “We are not a stumbling block to the constitution we want; we have not got all that we want from it, but we are compromising for it to be passed” - Omar Bojang – Supreme Islamic Council
- “We don’t want to have a constitution that will divide us as Gambians, we need a constitution that will have all the fundamentals that will bring a strong foundation for the people of The Gambia” - Fatou Jagne – Founder of Center for Women Rights and Leadership
- “Gambian People are traditionally tolerant of all religious creeds and beliefs” - Rev’d Gabriel Leonard Allen – Gambia Christian Council
- “If there is believed to be clauses that don’t sit well with the executive, let’s work towards finding a common ground” - Counsel Abdoulie Fatty
- “There would be no ‘New Gambia’ without a new constitution” - Sait Matty Jaw – Center for Research and Policy Development
- “The constitution is a people’s document thus the executive and the legislature must not hold us hostage in having a new constitution” - Madi Jobarteh
Discussions at the convergence were premised on the contentious issues primarily resulted in the rejection of the draft constitution, what went wrong and how stakeholders can together find a common ground setting aside personal, religious or partisan biases that could retrogress the passage of the draft constitution. Conversations on controversial issues such as religion and political consensus as possible stumbling blocks were key arguments that various panelists illuminated during the engagement to allay the fears and concerns of affected persons
Conversations in the panel discussion gave rise to cross cutting issues such as gender considerations especially in terms of the rights of women on inheritance, marriage and divorce.
In sequential panels touching on various topics, experts in constitutional building dwelled extensively on the contentious issues that derailed the passing of the draft constitution. Cross cutting issues such as gender considerations and the discrimination of women was a major highlight.
With intensified conversations on a new constitution, the President during his annual and constitutional State of the Nation Address (SONA) on June 27th, 2024, expressed his administration's commitment to ushering a new constitution “we’re committed to pursuing the constitution this year and it is hoped that a referendum on the new constitution will be held in December 2024”.
CONCLUSION
The Constitution We Want project registered a significant impact in the constitutional reform process. It has catapulted rigorous intentional conversations with diverse stakeholders with shared interest in the legislation of a new constitution.The project has equally reignited the government's commitment to re-tabling of a new constitution before parliament in 2024. Due to the renewed political will from the government, it has also ignited commitment from the legislative body as they prepare to receive constitution from the executive branch.