Post-Dictatorship Gambia: A Slow March to Democratic Stability?
Introduction
Gone is the void, and change has dawned upon us! Now, we have freedom of expression and speech. But nothing is ever guaranteed, so we must remain vigilant. It is also our role as citizens! I firmly believe that our youth, having imbibed the lessons of history, have awakened to a newfound consciousness -Ayeshah Jammeh, (Activist and co-founder of The Gambia Center for Victims of Human Rights Violations).
For more than two decades, from 1994 to 2016, Gambia was under the dictatorial rule of Yaya Jammeh, a self-styled semi-autocratic leader who promised to rule for a billion years. Jammeh presided over a regime accused of a litany of abuses, including death squads and torture. Gambia was finally ushered into democratic rule in the December 2016 presidential elections, marking the fall of dictatorship and the dawn of a new era in Gambian politics under Adama Barrow. The change marked the beginning of hope for a more democratic Gambia where the rule of law and respect for human rights takes precedence.
Following his official inauguration and swearing-in ceremony in 2017, President Barrow pledged a new era of governance in the Gambia and vowed to remain committed to the International Criminal Court and to rejoin the Commonwealth. His predecessor had pulled the Gambia out of the Commonwealth in 2013. Barrow also committed to initiating reforms aimed at consolidating democracy and enhancing the democratisation process in The Gambia. In what follows, we analyse the shortcomings of Barrow’s tenure so far, but also its major reforms and the unwaning hope for democratic consolidation in the Gambia.
Government’s Failure To Deliver A New Democratic Constitution
As part of Barrow’s reform agenda, he promised to deliver a new democratic constitution that would be people-driven, reflecting the aspirations of a democratic Gambia where the principles of the rule of law and democratic values are upheld. “I promise Gambians and the world that my government will introduce a new constitution, which will include term limits and absolute majority,” he said. During Yahya Jammeh’s 22-year rule, he allegedly amended the constitution 50 times, notably removing presidential term limits and changing the electoral victory requirements from an absolute majority to a simple majority to consolidate his rule. It was, therefore, a national priority when President Adama Barrow came to office in 2017 to replace what many referred to as “Jammeh’s constitution”. The Constitutional Review Commission (CRC) began its work in June 2018 through an act of Parliament. President Barrow appointed 11 commissioners to begin nationwide consultations. Following the consultations and intensive constitutional work, in March 2020, the CRC submitted its final draft to the Barrow Government for adoption.
A 2018 Afrobarometer survey found strong citizens’ support for the draft constitution’s key provisions such as limiting presidential terms to two of five years (87%); requiring parliament approval of ministerial appointments (86%); mandating a quota system for women’s representation among lawmakers (85%); and requiring the candidate to gain an absolute majority in the presidential election (72%). Despite citizens’ approval of the draft constitution, the efforts of the CRC and the financial cost it incurred, the process ended abruptly when 23 members of the Gambia’s 56-member Parliament rejected the bill in its totality. For it to pass, it would have needed the approval of 75% of members. The failure of the Parliament to pass the bill was partly attributed to a lack of political will and partisan politics of Barrow’s supporters.
Having contested as the independent figurehead of an opposition coalition in 2016, Barrow had registered his political party, the National People’s Party (NPP), ahead of 2021. The new constitution would have strictly limited the potential length of Barrow’s presidency, especially as a transitional clause stated that the incumbent’s current term would count towards their two-term limit. Many observers believed that having a new constitution would have marked a complete break-away from the two-decade dictatorship of former president Yahya Jammeh.
However, all hope is not lost for a new constitution, as civil society and activists are strongly pushing to bring back the rejected 2020 draft constitution. After rejecting the draft produced by the CRC following nationwide consultations, the Barrow-led government singlehandedly introduced a new version of that draft in 2024. Most Gambians are now voicing their discontent over this draft constitution. “This Constitution is Barrow’s Constitution, crafted with the help of his Justice Minister, but it does not serve the best interests of the Gambian people. We demand the return of the 2020 draft constitution. When the 2020 draft was presented to parliament, it was rejected because it did not benefit Adama Barrow, particularly with the term limit. Now, they are presenting this new constitution to us. We will never accept it,” says a market vendor from Serekunda.
The 2024 government-altered draft constitution, which omitted certain clauses and chapters from the 2020 draft constitution, has not only raised serious concerns about democracy and strong institutions but also threatens the future of democratic governance in the Gambia. Salama Njie, Executive Director of West African Network for Peacebuilding (WANEP), voiced her disappointment, particularly regarding the removal of the Leadership and Integrity clause. “It is very wrong for the Executive to single-handedly alter the draft without returning to the people,” she criticised, adding: “Removing the chapter on Leadership and Integrity is especially disheartening as it will undoubtedly weaken the Anti-Corruption Commission.”
Transitional Justice As A Tool For Reconciliation
To address past injustices under the Jammeh regime, the Barrow government established the Truth, Reconciliation, and Reparations Commission (TRRC) in 2018. The TRRC was tasked with investigating human rights abuses committed during Jammeh’s 22-year rule. It also aimed to provide reparations to victims and recommend cases for amnesty or prosecution. This transitional justice process was crucial to addressing human rights violations and establishing respect for the rule of law, which would set The Gambia on the path to justice and democratic constitutional rule. “In this spirit, we are here not only to rectify the injustices of the past but to forge a future where ‘Never Again’ becomes our guiding principle. We must ensure that no future government can wield the state as a tool of oppression against the citizens of The Gambia,” said Dr. Momodou Tangara, the Minister of Foreign Affairs.
After a series of public hearings and witness testimonies, the commission submitted its final report in 2021 to Barrow to implement its recommendations. As part of the recommendations of the TRRC, the National Human Rights Commission (NHRC) was tasked to monitor the progress of the government’s implementation. So far, the Government’s commitment to implementing these recommendations remains unwavering despite some slow progress and challenges, particularly in terms of victim reparation. According to Sirrah Ndow, the Chairperson of the Alliance of Victim-led Organisations, “The slow pace of the implementation is an understatement for the victims. Many of them are suffering in pain, especially in the cold season.” One most significant achievement towards retributive justice was the recent approval of ECOWAS to establish a “Special Tribunal” for the Gambia to try Jammeh and other officials for their alleged roles in multiple crimes that included extrajudicial killings, rape and torture to secure a future where “Never Again” becomes the hallmark of Gambian politics.
Shifting from Regime-Centered to People-Centered Security
As part of Barrow’s broad governance reform agenda, his government launched a comprehensive security sector reform (SSR) project in 2017 to recalibrate the security forces into a professional, accountable, and modernised entity that respects democratic and human rights norms. This agenda underscores the fact that the former regime had deeply politicised and weaponised the military to perpetrate human rights abuses and consolidate its rule. The security under Jammeh only existed to protect Jammeh’s regime and was used against the Gambian people.
Since its launch, international security experts from ECOWAS, the UNDP, EU, the African Union Technical Support Team to The Gambia (AUTSTG), the Geneva Centre for Security Sector Governance (DCAF) and France have been instrumental in Gambia’s journey towards an improved security sector. The SSR Steering Committee and Office of National Security have prioritised the development of the institutional regulatory frameworks and policies to guide The Gambia’s SSR process. This work was critical in filling the vacuum created by two decades of autocratic rule that resulted in the security sector functioning to preserve Jammeh’s presidency. According to a report by the Institute for Security Studies (ISS), there have been efforts centered on developing the National Security Policy (NSP), National Security Strategy (NSS) and the Security Sector Reform Strategy (SSR Strategy). Of these three strategic documents, the NSP is the only one that has been adopted. Barrow officially launched the NSP on 10 June 2019.
Following delays stemming from, among others, the outbreak of the COVID-19 pandemic, as of September 2020, the NSS and the SSR Strategy had been validated by the NSC and endorsed by the president. So far, multiple national and international actors are engaged in concurrent reform processes across the different security institutions. The reforms have been mainly focused on The Gambia Armed Forces (GAF), Gambia Police Force (GPF) and the intelligence agency. They have so far focused on training, capacity building, gender mainstreaming and institutional transformation of the security apparatus in line with democratic and human rights standards.
Conclusion
The Gambia, similar to other African countries, operates under a multi-party system of governance where various political parties compete for governmental power. The democratic transition of 2017, for the most part, has been checkered, to say the least, but it is certainly better than what Gambians experienced over the previous two decades. This new democratic dispensation under Barrow led to the establishment of the National Human Rights Commission (NHRC), which was also part of the reform process established through an act of parliament to serve as a vanguard voice and pillar for human rights. Additionally, there has been a growing space for civil society organisations and an increasing media presence in ensuring the values of accountability and transparency. According to Reporters Without Borders, the media landscape in Gambia has considerably improved in terms of Press Freedom since Jammeh left power, with a global score of 65.53, and the country ranked 58 out of 180 countries in the world in 2024.
The concerted efforts of civil society, activists, and the media culminated in the enactment of the Access to Information (ATI) Act in 2021. This legislation also led to the creation of an Access to Information Commission tasked with safeguarding citizens’ rights to information, thereby fostering open governance, transparency and accountability. In 2023, the parliament, with significant pressure from civil society organisations such as Gambia Participates (GP), passed the Anti-Corruption Law.
Despite these legislative advancements, the establishment of the Anti-Corruption Commission has been marked by slow progress and a lack of political will, impeding the recommendation for the prosecution of public officials found wanting of corruption. According to the 2024 round nine (9) of the Afrobarometer survey in Gambia, 77% of Gambians say corruption in the Gambia has increased during the past year, more than twice the proportion recorded in 2018. Consequently, citizens have increasingly called on the government to address corruption and expedite the formation of the commission, especially considering reports from the National Audit Office highlighting cases of political corruption.
Despite challenges in its democratisation efforts, The Gambia has made significant progress in various democratic and institutional reforms post-dictatorship. However, there remains considerable room for improvement. As scholars like Samuel P. Huntington have argued in the context of the Third Wave of Democratization, democracy requires time to mature and consolidate. The government needs to prioritise delivering a new democratic constitution as promised since the progress and development of any society depend on good laws and strong institutions. The 2017 democratic transition remains incomplete until a new constitution is established, as the Gambia is still governed by the 1997 “Jammeh constitution”. A new constitution will pave the way for effective constitutional rule, good governance, the rule of law, democracy, and human rights in the Gambia.
Andrew Mendy is a rising scholar in Political Science, currently pursuing a Master of Arts degree in Political Science at Eastern Illinois University, USA. His research interests lie in International Relations and Comparative Politics (IRCP). Andrew serves as a Graduate Teaching Assistant in the Political Science Department. He holds a Bachelor of Science degree in Political Science from the University of the Gambia, where he previously worked as a Graduate Assistant before transitioning to graduate studies.