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The Gambia’s Emerging Democracy: Are There Any Echoes of the Magna Carta?

Fatoumatta: June 15 commemorates the 809th anniversary of the Magna Carta, the Great Charter of Liberties, which stands as one of humanity’s most extraordinary and influential documents, originally issued on June 15, 1215.. It is an iconic document, often described as “the greatest constitutional document of all times, the foundation of the individual’s freedom against the arbitrary authority of the despot.” It was crafted by the Archbishop of Canterbury to resolve disputes between the King and the barons, yet it has continued to serve broader purposes to this day.

Despite its near-perfection, the Magna Carta underwent several bloody amendments since King John, the authoritarian monarch it aimed to restrain, first sealed it. Those who suggest we should abide by a constitution without alteration should consider the tumultuous history of the Magna Carta, which involved numerous wars and the involvement of successive Archbishops of Canterbury, Popes, and Kings. Similarly, Gambians seek to change the 1997 constitution and our republican institutions as needed, regardless of external opinions, because it is a document for ourselves and future generations. The Gambia has been actively working to replace the 1997 constitution, established during Yahya Jammeh’s presidency, with a process that began in June 2018 to establish the nation’s third republic and redress past human rights abuses. However, the Constitution Promulgation Bill of 2020, intended to introduce the new constitution, was not passed by the national assembly.

The concept of The Gambia adopting a new constitution in honor of the Magna Carta presents a compelling case. The Magna Carta, enacted in 1215, stands as a beacon of freedom and the rule of law, affirming that all, including the sovereign, are subject to the law. It established the groundwork for individual rights and constraints on royal power, principles that persist in influencing contemporary democracies.

The Gambia has indeed embarked on a path to formulate a new constitution, a process initiated with the intent of establishing the nation’s third republic. However, this endeavor met an impasse when the proposed Constitution Promulgation Bill of 2020 was not passed by the national assembly. Despite this hurdle, the persistent efforts signify a robust aspiration for democratic reform and responsible governance, echoing the essence of the Magna Carta.

A renewed constitution for The Gambia could encapsulate the determination for democracy, effective governance, and adherence to the rule of law, reflecting the historical importance of the Magna Carta. It could serve as a symbol of hope for the country, ensuring respect for fundamental human rights and freedoms, and promoting national unity and peace.

The 2024 commemoration of the Magna Carta could inspire President Adama Barrow, his administration, and The Gambia’s constitutional reform efforts, underscoring the perpetual relevance of such a foundational document in advocating for individual rights and governmental limitations. This serves as evidence that the ideals of justice and liberty are eternal and remain pertinent in the formulation of laws and governance across nations.

Currently, the government is engaged in consultations to reintroduce the 2020 draft constitution, with intentions to conduct a national referendum for its ratification in December 2024. This draft is deemed more progressive and constitutes a segment of the extensive endeavors to facilitate a democratic transition and confront the issues from the past.

Today, in the spirit of commemorating the Magna Carta, I wish to discuss with President Barrow the political and economic challenges, as well as the supreme crises facing our country. Every student who has attended an economics class should be familiar with Adam Smith’s theory of the invisible hand of self-interest, just as every political science student, including Adama Barrow, should know about the American Civil War (1861-1865), the iconic Gettysburg Address, and Abraham Lincoln, the first Republican president. If he has forgotten, I would like to remind him.

To fortify their democracy and way of life, Americans, numbering around 32 million across 34 states, engaged in the most brutal and bloodiest war on American soil. By the time the final savage battle concluded at Appomattox Court House, among other locations, 620,000 Americans had perished. Brother fought against brother, neighbor against neighbor.

President Lincoln chose to heal his nation from the extensive bloodshed. Consequently, Americans often recall his words more than the bloody conflict itself. However, it is unfortunate that the British also endured their civil war for nearly a decade (1642 – 1651).

President Abraham Lincoln acknowledged the restorative power of words following a significant rift. He united his nation under the banner with words that are challenging to partially quote: “Four score and seven years ago, our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

We are now engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field as a final resting place for those who here gave their lives so that the nation might live. It is altogether fitting and proper that we should do this.”

Yet, in a larger sense, we cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead, who struggled here, have already consecrated it far beyond our poor power to add or detract. The world will little note, nor long remember what we say here, but can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us—that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion—that we here highly resolve — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that Government of the people, by the people, for the people, shall not perish from the earth.”

In the Gambia, the nation is grappling with toxic, divisive politics, marked by hate, corruption, greed, tribalism, and a pervasive “Us vs. Them” mentality. Adama Barrow, leading the National People’s Party (NPP and coalition parties), and his former mentor Ousainou Darboe of the United Democratic Party (UDP), along with their supporters, are already engaged in a tense political campaign ahead of the 2026 presidential elections. Both parties are vying for political space and dominance. It is crucial that the people’s will is reflected in elections and that election results are accepted. This is vital for democracy in Africa, especially in the Gambia. Accepting the will of the people is paramount; there can be only one winner. Winners should focus on performance rather than gloating. This allows for a peaceful transition and sets the stage for future elections. This sentiment echoes the collective desire to avoid the kind of post-election political deadlock caused by Yahya Jammeh’s refusal to cede power after his defeat in 2016. Nonetheless, it is natural for political players to feel aggrieved after an election loss, as this is a common occurrence worldwide.

As Gambia approaches the Presidential election in 2026, we call for magnanimity and patriotism, urging all political players to rise above their grievances and exercise the utmost self-restraint. It is a clear call to all political participants that even if they feel entitled to an election victory that has eluded them, they must not jeopardize the peace of the country and the continent. Prof. Wole Soyinka, a distinguished son of Africa, once said, “No one is rich enough to buy yesterday, but if you hustle hard, tomorrow could be yours.” Therefore, instead of engaging in violent political activities that undermine stability in an attempt to alter the past, it would be far more advantageous to channel our efforts into harnessing the potential of tomorrow, which is built on the peace of today and rooted in a profound love for our homeland.

This appeal is made to Gambians and is meant to resonate across the continent, echoing the calls of politicians from years past. Yet, this display of statesmanship has been grossly misinterpreted by certain segments of our society and media outlets, who have opted to use it as a pretext for inciting hate speech and tribalism. Clearly, in a democracy such as ours, the independent press is at liberty to voice their opinions on national issues, but with that freedom comes the duty to maintain the standards of responsible journalism. Journalists who abuse the privilege of self-expression should be admonished and encouraged to engage in self-reflection for the benefit of the nation.

Anyone who trifles with the lives of Gambians will be met with the full force of the law, not just threats of tear gas. Threats have never built a nation; often, they only serve to harden attitudes. Rather than resorting to threats and hate speech, our politicians should deliver powerful speeches that call for unity, nationhood, and a joint effort to combat tribalism and corruption. The government must continue to honor our deeply held values of respecting and safeguarding the freedom of speech and the right of individuals to express themselves and access information. However, at the heart of this freedom lies the duty of responsibility, self-discipline, and patriotism. Freedom of expression must not override our judgment or our shared duty to respect the sovereignty of other nations.

In modern diplomacy, the reliance on harsh words to resolve conflicts has diminished. The practice of self-restraint has accelerated, creating a new global order dependent on individuals adept at managing delicate situations without alienating any party. Patriotism is lauded in international relations because a patriot prioritizes their country before themselves. A wise diplomat’s utmost expression of devotion to their homeland is by advancing national interests through their discourse and introspection. Thus, our statesmen bear a significant duty not only to exercise their freedom of expression and access to information but also to sustain the world’s trust and cultivate international ties that promote the prosperity and peace of our nation.

President Barrow’s administration should stay dedicated to international diplomacy, sound governance, and adherence to the rule of law, ensuring that elections are free, fair, credible, and conducted impartially. Ultimately, elections are decided by the substance of ideas and the integrity of those charged with communicating them to voters.

The Gambia is celebrated for its democratic and diplomatic achievements. It is imperative that President Barrow continues to uphold these democratic values and the principles that define Gambian democracy. While The Gambia might not be everyone’s first choice, it stands as an excellent option. Perfection is not a requirement, as only the Almighty God is perfect; our own perfection is measured by our passion and intentions towards our people. Moreover, Adama Barrow should embrace constructive criticism, whether it comes from allies or adversaries. President Barrow should also honor the concept of collective wisdom and appreciate the qualities that come from learning from others. These are the expectations of a leader. Embrace the way God has created you, or risk watching your people turn away, for God counsels against keeping company with those who do not further His agenda.

The creation of a new constitution and its significance in safeguarding individual rights and defining the boundaries of governmental power stand as affirmations that the ideals of justice and freedom are eternal, continuing to influence the laws and governance of nations worldwide.

Political actors, as symbols of national unity, should convey a message of hope and solidarity that resonates with the nation’s conscience. We hope they will seize the opportunity for greatness. A new constitution for The Gambia could encapsulate the determination for democracy, good governance, and adherence to the rule of law, reflecting the historic importance of the Magna Carta. It could serve as a pillar of hope for the nation, guaranteeing the respect for fundamental human rights and freedoms, and promoting national unity and peace.

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