Mr. President, we wish to remind you of the constitutional, moral, and ethical obligations that you, as the President and first citizen of The Gambia, along with your senior civil servants and public officials, have to publicly declare your assets and liabilities, especially as Cabinet Ministers and senior government officials take their oath of office. Holding public office inherently subjects individuals to public scrutiny, blurring the lines between private and public lives. Consequently, the details of one’s assets and liabilities become matters of public interest. Therefore, as the first citizen of the republic, you, your cabinet ministers, and other senior public officers are legally mandated to publicly disclose your financial positions.
Mr. President, the declaration of assets and liabilities by public officials serves as a robust mechanism to prevent corruption, identify illicit enrichment, and highlight conflicts of interest. Transparency International and the World Bank report that over 150 countries have implemented asset disclosure requirements for their senior civil servants and public officials. Many nations allow public access to these declarations, enhancing their value in combating corruption, as civil society and journalists play a key role in detecting discrepancies and initiating formal verification by anti-corruption or asset declaration bodies.
In the Gambia, with its dynamic civil society and independent media, this practice would be significant. The public disclosure of officials’ private assets and those of their family members does not infringe upon privacy and data protection rights. These rights are not absolute and may be limited when there is a legal basis and a legitimate public interest, such as preventing corruption and revealing unexplained wealth among officials.
Furthermore, Section 223(1) of the Gambian Constitution requires a public officer, including the President, to provide the Ombudsman with a written declaration of all property and assets, as well as liabilities, whether direct or indirect.
Mr. President, the benefits of disclosing assets and liabilities are manifold, including maintaining records of what a person owns before and during their tenure in public office. This practice fosters transparency and accountability, and deters corruption and the illicit accumulation of wealth. Furthermore, clauses (b) and (c) require public officers to declare their assets and liabilities every two years and upon leaving office.
As such, Mr. President, you, your Cabinet Ministers, and senior government officials are obliged to declare your assets and liabilities upon taking office. Should you fail to do so, you must promptly make a public disclosure of your assets to provide the general public with an accurate account of your financial situation, alongside that of your Vice-President and Cabinet members. This action will convey a strong message that your administration is breaking from past practices. It will also align with best practices and enhance your government’s credibility in the fight against corruption and the culture of impunity.
Public disclosure of assets and liabilities serves as a benchmark and a means to identify any assets that may have been acquired through corrupt practices, for which a public official may be rightfully held accountable. Therefore, Mr. President, along with your Vice-President, Cabinet members, and senior officials, should publicly declare your assets and liabilities to bolster transparency among government functionaries and to meet the constitutional mandate of making such declarations public.
We implore you, Mr. President, to promptly pursue an amendment to the asset declaration law to mandate public disclosure, aligning with international norms and best practices such as the United Nations Convention against Corruption. For years, the demand for transparency and the public disclosure of assets by elected and appointed officials has persisted, as it would bolster the public’s and foreign investors’ trust in the government’s integrity and commitment to good governance. Asset declaration necessitates that public officials disclose their income, assets, liabilities, and financial interests. In numerous countries, this includes reporting the assets and income of their spouses, children, and immediate family members. Thus, asset profiling should encompass the assets of their spouses, dependents, immediate family members, and any associated business interests or institutions.
Mr. President, the Gambian people are now suggesting that public asset disclosures would enhance accountability and transparency. If you and your cabinet members were to make your declarations public, it would set a precedent for other public officers to do the same. Regrettably, asset declarations were not made public by your previous administration. A government operates on the principles of trust and integrity, which were key points in your initial electoral campaign when you made a solemn pledge to the Gambian people. Therefore, deviating from this path of honor, which you vowed not to stray from, is not justifiable. The fundamental aim of declaring assets and liabilities is to deter corruption, Mr. President.
Often, the information disclosed in asset declarations leads to the uncovering of significant unjust and illicit enrichment. Declarations of assets and liabilities will undoubtedly address many allegations and concerns, dispelling fears of corruption and misappropriation of public funds and resources. After years in office, they will disclose the latest properties and assets of public officials and indicate whether their savings have increased or decreased. Additionally, any liabilities incurred personally by public office holders will be made public.
Therefore, Mr. President, as we earnestly seek a fresh start for our nation, it is imperative that you reintegrate and reaffirm the public’s role in this process of transparency and accountability by removing the secrecy surrounding the declared assets of our senior civil servants and public officers. I am of the opinion that all Cabinet Ministers and other senior public officers ought to publicly disclose their assets. Failing to do so would effectively undermine the purpose of the asset declaration exercise.
Mr. President, the Executive Order you issued on June 23, 2017, which mandated Cabinet Ministers to declare their assets, appears to have been merely symbolic, failing to convince the public due to the inaccessibility of the records. Furthermore, there is no established mechanism to enforce this order. Global standards for asset declaration require that the President and Cabinet Ministers disclose all assets, liabilities, and business interests, including those of their spouses or any assets held on their behalf, upon election or appointment. This disclosure should be made in writing to the Speaker of the National Assembly within three months of taking office.
Mr. President, the necessity for your government officials to be publicly accountable remains ambiguous in your prior Executive Order. Implementing enforceable principles that high-ranking officials must observe has not been straightforward. This issue has become particularly contentious among politicians in The Gambia, where there is a general reluctance to fully disclose property or wealth, often without explanation. Therefore, limiting asset and liability declarations to the Ombudsman’s office does not meet the public commitment to transparency.
Mr. President, publicly declaring assets would enhance your campaign against corruption in the public sector. You had mandated in your first term through an Executive Order that all Cabinet Ministers disclose their assets and liabilities. Furthermore, it would be prudent to require all senior government appointees to publicly declare their assets and liabilities as a precondition.
According to Transparency International, it is expected that top leaders in most countries will disclose their assets. Failure to do so, or discrepancies in the disclosed figures, as seen in Argentina, Nigeria, and Brazil, can lead to public unrest and political instability. The United States is often regarded as a model for asset declaration due to its comprehensive and transparent system. While there is no mandate for auditing these declarations in the US, they are accessible to civil society upon request.
As you intensify your efforts against corruption in the public sector, the Gambian people anticipate that you, your cabinet ministers, and other senior public officers will publicly declare your assets and liabilities to the Ombudsman before taking the oath of office. A public declaration of assets and liabilities will bolster transparency and lend credibility to your anti-corruption campaign. Indeed, one must approach equity with clean hands. Declarations of assets and liabilities by Cabinet Ministers, senior government officials, and other public servants should not be mere formalities. Instead, they serve as vital tools for transparency and accountability, shining a light on practices that could reduce corruption, a major challenge facing our nation.
Mandatory asset declarations by political leaders and senior government officials are broadly endorsed as a means to foster transparency and deter corruption. These declarations can act as a safeguard against illegal gains and conflicts of interest. Transparency International views asset declarations as essential for cementing ethics and integrity within political ranks, recommending their inclusion in all conduct codes. The United Nations Convention against Corruption, adopted by 166 nations, mandates a legal structure for government officials’ asset declarations.
Best practices indicate that leaders of the government’s three pillars—executive, legislative, and judicial—as well as high-ranking civil servants, should submit asset declarations before assuming office, after leaving, and at regular intervals while serving. This mechanism is considered vital for public verification that officials are not exploiting their positions for private benefit.
It is crucial to acknowledge that despite the absence of global standards for the submission and oversight of asset declarations, certain fundamental principles should underpin any legal framework. These principles encompass the range of assets required for declaration, the regularity of submissions, the methods of verification, and the penalties for failing to comply.
Over 150 countries have implemented asset disclosure mandates for their public officials, with numerous nations allowing public access to these records. Financial disclosure frameworks are deemed essential for preventing, detecting, investigating, and prosecuting corruption. In essence, mandatory asset declarations by political figures and high-ranking government officials play a pivotal role in promoting transparency and accountability within governance.
