Constitutional Chaos: How Barrow’s Reforms Undermine Term Limits in The Gambia

The Gambia stands at a precipice. Once celebrated for ending Yahya Jammeh’s 22-year dictatorship through the ballot box in 2016, the nation now risks backsliding into the very autocracy it overthrew. President Adama Barrow’s pledge to deliver a “legacy” of constitutional reform—including presidential term limits and an absolute majority voting system—rings hollow amid a cynical bait-and-switch. The 2024 draft constitution, recently gazetted by his government, eviscerates the democratic safeguards of its 2020 predecessor and entrenches executive power under the guise of progress.

The Illusion of Term Limits

At first glance, both the rejected 2020 draft and the 2024 proposal impose a two-term limit on presidents. The devil, however, lies in the retroactivity clause. The 2020 draft explicitly counted Barrow’s first term (2017–2022) toward his limit, restricting him to one more term ending in 2027. This provision triggered its rejection by Barrow-aligned parliamentarians, who deemed it “retroactive” and unjust. The 2024 draft eliminates this clause entirely, allowing Barrow—who is now serving his second term—to run for two additional terms after 2026. Effectively, he could govern until 2036.

This maneuver mirrors the tactics of ousted leaders like Guinea’s Alpha Condé, who manipulated term limits to cling to power until a coup removed him. Barrow’s supporters insist the reset is “fair,” but Gambians know better: the promise of term limits has been weaponized to enable longevity.

Concentrating Power: The Executive’s Quiet Coup

The 2024 draft doesn’t stop at term-limit loopholes. It systematically dismantles checks on presidential authority:

  • Parliamentary Control: The president may now appoint the Speaker, Deputy Speaker, and four other parliamentarians—and recall them at will. This neuters legislative independence, as seen when Barrow tried (and failed) to remove a nominated member in 2023.
  • Weakened Oversight: Ministerial and key electoral commission appointments no longer require parliamentary approval, reversing the 2020 draft’s accountability measures. The government dismisses legislative review as “bureaucratic bottlenecks”—a euphemism for unchecked power.
  • Eroded Integrity Standards: The 2020 draft’s entire chapter on Leadership and Integrity—mandating transparency and imposing lifetime bans for violators—was excised. The government calls its lifetime disqualifications “too severe,” but critics see a shield for corruption.

Retreating from Rights and Representation

Even symbolic victories in the 2020 draft have been diluted:

  • Education: The right to free education was curtailed from secondary to “basic” levels, with the state citing resource constraints.
  • Diaspora Voting: While both drafts grant diaspora voting rights, the 2024 version omits a dedicated constituency, diluting overseas influence.
  • Electoral Justice: The “50% + 1” threshold to win the presidency remains, but without robust electoral commission independence, its promise is fragile.

The Regional Stakes

The Gambia’s stalemate isn’t just a local crisis. West Africa faces an epidemic of coups and democratic erosion. Barrow’s constitutional maneuvering—delaying justice for Jammeh-era crimes, dodging term limits, and co-opting parliament—echoes the playbook of leaders who enabled this decline. As one analysis notes, governing under Jammeh’s 1997 constitution “risks undermining the efforts of the Gambian people and international partners” who invested in the democratic transition.

The Path Forward

Barrow’s “legacy” project is now synonymous with democratic betrayal. True reform requires:

  1. Restoring Retroactivity: Term limits must apply to all terms served, Barrow’s included.
  2. Reinstating Checks: Parliamentary approval for appointments and an independent electoral commission are nonnegotiable.
  3. Reviving Justice: The Truth Commission’s call for prosecutions of Jammeh-era crimes remains ignored—a festering wound.

The Gambia’s 2020 draft constitution was flawed but foundational. Its replacement is a constitutional coup in draft form, masquerading as progress. If adopted, it will entrench the very autocracy Gambians bled to end. The world must not mistake Barrow’s rhetoric for reform—this is regression dressed in democracy’s clothing.

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