Constitutional Reforms in Gambia Case Solution And Analysis, HBR Case Study Solution & Analysis of Harvard Case Studies

Constitutional Reforms in Gambia Case Solution

Introduction

The Gambia constitution was ratified in 1997, after which it came into effect. The president: Adama Barrow, is the head of the state and is elected through a process of universal suffrage. He appoints the Vice President and cabinet members. The National Assembly is the legislative body and has the power to enact the legislation. The Assembly is composed of 53 members, and most of them are elected.

Gambia's constitution is a multiparty republic whose first-past-the-post election process took place in 1997. The Constitutional Review Commission's Bill requires a constitution set up term limits for the president. In the original 1997’s draft of the constitution; term limits were not included. They were removed in a referendum held in 1996, allowing Jammeh to run unrestrictedly for five consecutive terms.

Gambia's rule of law has undergone a massive transformation over the last few years. The country has become a safe haven for free speech and press freedom. The new government has made strides in resolving the corruption crisis and has introduced a number of new measures to make the rule of Gambian judiciary more effective. But despite the progress, there are still numerous problems that need to be addressed before the country can be called a "rule of laws" nation.

Currently, the government's failure to pass a new constitution has left the country with a limited rule of law. However, the new draft constitution is expected to provide a formal protection for the property rights. The current constitutional provisions allow for a dictator to imprison people without any trial. Furthermore, the Gambian government has a public order act that prohibits people from taking parts in protests. It also bans protests (Draft of 29 Mar 2020).

Rule of law in Gambia in 2021

One of the first steps towards a rule of law-based economy has been the creation of a National Human Rights Commission. In 2017, the government passed an act, establishing the commission, making it independent and enabling it to receive complaints about the human rights’ violations. The commission has the power to recommend remedial actions to the government and to seek justice for victims. But there are a number of challenges, including: ensuring that the National Human Rights Commission is independent and has the resources necessary to do its job.

Gambia's legal system is like that of the most West African countries. It consists of English common law principles and customary, and Islamic law, and is administered by a Cadi Court system. Although the country has accepted the jurisdiction of the International Criminal Court of Justice; its legal system is still highly influenced by the executive branch. It is yet to enact any new laws on anti-corruption, and the rule of the state is weak.

In March of 2020, the President Barrow imposed a COVID-19-related state of emergency. The ban on social gatherings and public assemblies was lifted by the end of the year, but the restrictions remained. While the constitution guarantees the rights of all Gambians, the state does not provide equal rights for women in marriage, adoption, burial or inheritance. Therefore, the rule of the law in Gambia, in 2021, will remain problematic for the country.

The government is in a fragile position to implement its plans and pass a new constitution. There are many obstacles to overcome before the country can become a fully independent democratic country. The public's opinion is crucial, so they should be consulted and incorporated into the new law. The next government of the Gambia will need to ensure that its people are protected. The current constitution is not a democracy.

The country's constitution-drafting process is at a dead end. After two years of polarized debate; the draft constitution had failed to be passed. It was a tense debate. On October 30^th, the National Assembly rejected the draft Constitution Promulgation Bill, 2020. The proposed draft had been endorsed by the opposition, and was the first step towards a new constitutional order. But the bill was not adopted. In the end, the process still remains in its early stages. (RuleofLawIndex, 2020).Democracy in Gambia in 2021

Democracies are notoriously difficult to maintain, but Gambia has made significant progress towards democracy. A litmus test for a democratic transition will be based on whether the country can avoid repeating the mistakes of the past or norIt is unclear how long will the new government hold on to the constitution, and a recent study says the process will take longer than expected. Jammeh's role in politics has been a central theme in the run-up to the election, but Barrow's party recently announced a pact with Jammeh's APRC party. Although he later said it was made without his knowledge, rights groups believe this will hinder the chances of a trial.

The Gambian election has a complex history. Since the dictatorship of Yahya Jammeh, he has repeatedly ignored the democratic process. He has been in power for more than two decades and is not likely to step down anytime soon. Even though there has been a violent coup in the country; the government still has a strong grip on the country. Gambian democratic transition was a complicated process.

The Second Republic of the Gambia's constitution was drafted in the November of 1970. The 1970 constitution was drafted with the support of the No Alliance Movement, which is currently supported by Jammeh. The 1996 Constitution was not crafted by the military, but by a civilian. The current constitution was adopted after a military coup. This led to an arbitrary election in the country. While Jammeh was elected president, his opponents were not, and the elections in Gambia was a direct result of a coup.

A series of protests took place in the country following the election, and it was a victory for the incumbent. The opposition's candidates were not in the running for any positions, but they did rally to the cause. The political turmoil in The Gambia was the last time the country experienced a peaceful transition from one dictator to another. The current government is a far cry from the tyrant in 1994.

A tense situation hadoccurred during the election. The Independent Electoral Commission has failed to implement a free and fair election, and had criticized the results of the 2016’s polls. Meanwhile, many Gamians were wary of the Independent Electoral Commission after the election. In 2016, the results of an election were announced, but the IEC later said the results were invalid. The president initially accepted the results, but later changed his mind (Gambian academic at the Uppsala University, 2021).............................

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