The Gambia’s Constitutional Crossroads: A Test of Democracy After Dictatorship

BANJUL, The Gambia — Eight years ago, this small West African nation celebrated a democratic miracle. After 22 years of Yahya Jammeh’s brutal dictatorship, citizens voted him out of office. The euphoric aftermath promised not just new leadership but a rebirth: a new constitution to dismantle the architecture of tyranny and build institutions resilient against future abuse. Today, that promise hangs by a thread, sabotaged by the very leader who embodied it. President Adama Barrow’s calculated derailment of constitutional reform reveals a disturbing truth—The Gambia’s democratic transition is being strangled by executive ambition.

The Ghost of Dictatorship Past
Jammeh’s reign left deep scars: torture, disappearances, and a constitution tailored for despotism. His 1997 constitution was amended over 50 times to eliminate checks on power, notably abolishing presidential term limits and weakening electoral safeguards. When Barrow assumed office in 2017, replacing this document was non-negotiable. A costly nationwide consultation produced the 2020 draft constitution—a blueprint for renewal. It mandated a strict two-term presidential limit (applied retroactively), parliamentary approval for key appointments, a “50%+1” voting threshold to ensure majority rule, and expanded rights like free secondary education.

This draft enjoyed overwhelming public support. Surveys showed near-unanimous backing for term limits and broad approval for the draft itself. Yet in 2020, Barrow’s allies in parliament killed it. Their core grievance? The draft would have limited Barrow to just one more term.

The 2024 Draft: Democracy Undone
Barrow’s response has been a masterclass in executive overreach. Bypassing the inclusive process that birthed the 2020 draft, his government unilaterally crafted a 2024 constitution that rolls back democratic safeguards. Where the 2020 draft imposed retroactive term limits, the new version exempts sitting presidents. It strips parliamentary oversight of appointments, reduces education rights to only “basic” levels, and grants the president power to appoint the parliamentary speaker and five lawmakers.

Most alarmingly, the 2024 draft excises the entire “Leadership and Integrity” chapter, which mandated ethical governance. The government dismisses these provisions as “too detailed” and their penalties as “disproportionate”—eviscerating accountability mechanisms vital to preventing another dictatorship.

The Battle for Gambia’s Soul
Opposition leaders and civil society condemn Barrow’s power grab, declaring: “We need a constitution but not any constitution.” They demand revival of the 2020 draft—a stance Barrow rejects despite African Union mediation. His new party lacks parliament’s supermajority needed to pass the 2024 draft. With a critical vote looming, failure appears likely, paralyzing reforms ahead of 2026 elections.

This stalemate is philosophical, not procedural. Barrow’s maneuvers—removing retroactivity, controlling parliament via appointees, and insulating appointments from scrutiny—mirror Jammeh’s playbook. Some allies even echo Jammeh-era rhetoric, complaining the 2020 draft contained “too many rights.”

Why the World Should Care
The Gambia’s imploding reform agenda risks regional fallout. As neighboring Sahel states succumb to coups, this nation—Africa’s smallest—had offered proof that ballots could defeat bullets. International partners funded its transition, trusting Barrow’s promises. Now, disillusionment sets in. Should the 2024 draft fail or pass without consensus, it could legitimize authoritarian nostalgia, shatter public trust, and jeopardize foreign aid tied to governance reforms.

The Path Forward
Gambians deserve better than a false choice between Barrow’s self-serving charter and a dictator’s constitution. To salvage this transition:

  • The inclusive 2020 draft must anchor renewed talks.
  • Civil society and the diaspora must be reinstated as stakeholders.
  • International mediators should demand cross-party consensus, not rubber-stamp executive fiat.
  • Donors must freeze funding for exclusionary reforms.

Constitutions are covenants between citizens and the state. The Gambia’s 2020 draft embodied hopes for a society where leaders serve people, not power. Barrow’s betrayal warns that without vigilance; today’s liberators can become tomorrow’s autocrats. As lawmakers approach their showdown, they aren’t just voting on clauses—they’re deciding whether their country’s democratic dawn was a mirage.

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