Fatoumatta: The 1997 Constitution faced opposition similar to that of the 2024 Draft Constitution from the opposition and Civil Society members, including the Bar Association, with notable exceptions such as Halifa Sallah, the PDOIS leadership, George Christensen of Radio One, and Baboucarr Gaye of Citizen FM Radio. Despite considerable resistance, Sallah and the PDOIS argued that an imperfect constitution was preferable to military rule.

Alagi Yorro Jallow

The profound truth echoes across the ages. Numerous thinkers and writers have reiterated that history can be our greatest instructor. George Santayana notably stated, “Those who cannot remember the past are condemned to repeat it.” This adage underscores the significance of historical knowledge in preventing the recurrence of past errors. History not only instructs us on which pitfalls to avoid but also offers understanding into human behavior, societal patterns, and the ramifications of our deeds. Through the lens of history, we gain a clearer comprehension of the present and can make decisions for the future with greater wisdom.

Critics of the Draft Constitution 2024 should recall the 1997 constitution, introduced by Yahya Jammeh, which also faced a referendum. How many protested against it then? Very few. The opposition United Democratic Party and civil society, including the Gambia Bar Association, opposed it, except for Halifa Sallah, the leadership of the People’s Democratic Organization for Independence and Socialism (PDOIS), and the late George Christensen of Radio One FM. They used their platforms to educate and sensitize Gambians about the draft’s content. Similarly, the late journalist Baboucarr Gaye, owner of Citizen FM, broadcasted information about the constitution in English and local languages, supported by funding from the U.S. embassy in Banjul. The UDP, then in opposition, campaigned against the constitution’s passage in the referendum, with the notable exceptions being Halifa Sallah and the PDOIS leadership.

Fatoumatta: Indeed, the political landscape in The Gambia around the time of the 1997 constitution was notably complex. Halifa Sallah, a distinguished figure in Gambian politics and a key member of the People’s Democratic Organization for Independence and Socialism (PDOIS), is recognized for his ethical approach to governance and democracy. Despite significant opposition to the 1997 constitution, Sallah and the PDOIS maintained that a constitution, albeit imperfect, was better than military rule.

Under Sallah’s leadership, the PDOIS has actively championed liberty, dignity, and prosperity, frequently contesting the established order and advocating for democratic reforms. Sallah’s political career is characterized by his unwavering commitment to defending the rights and freedoms of the Gambian people, highlighted by his resistance to the Yahya Jammeh regime and his editorial work for the party’s newspaper, Foroyaa.

It’s crucial to recognize that the context surrounding any political decision is complex, and the decision to favor the Constitution over military governance was not straightforward. This choice was based on strategic evaluation of the options at hand and the prospects for future democratic progress, underscoring the intricacies of political decision-making. The Gambia’s 1997 constitution, which was ratified by a referendum, sparked controversy. Drafted following Yahya Jammeh’s military coup in 1994, who subsequently became president, the referendum on August 8, 1996, led to the enactment of this second republican constitution. Nonetheless, it faced widespread criticism for being crafted to benefit Jammeh’s regime, notorious for its authoritarian rule.

Despite its lack of popularity among certain factions, the referendum still passed the Constitution. This event set the stage for Jammeh to consolidate his power, leading to a 22-year tenure characterized by human rights violations and the stifling of opposition. The pursuit of a new constitution to supplant the one from 1997 has been persistent, with momentum gathering post-Jammeh’s exit in 2017. The failure of a draft constitution in 2020 to secure enough votes in the national assembly for a referendum underscores the Gambian people’s steadfastness and resolve.

Fatoumatta: Reflecting on history is not solely about preventing the recurrence of mistakes; it’s about building upon the groundwork established by our predecessors. It involves grasping our current situation and molding a future that embodies the best of our acquired wisdom. Indeed, history is a profound instructor, offering priceless insights as we steer through the intricacies of our existence.

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