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Lack of constitutional reform stalls The Gambia’s democratic transition

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This research paper by the Institute for Security Studies examines how political disagreements over presidential term limits and powers have stalled constitutional reform in The Gambia, leaving the country governed by the 1997 'Jammeh Constitution' and risking future political instability.

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  • The Gambia's transition to democracy is stalled because the National Assembly rejected a draft constitution in September 2020. This draft was intended to be 'the mother of all reforms,' providing a foundation for judicial changes, transitional justice, and security sector reform.
  • A primary point of contention is the presidential term limit. The rejected draft proposed a limit of two five-year terms, which would make President Adama Barrow ineligible to run in 2026. While the opposition United Democratic Party (UDP) supports this, Barrow's allies in the National People's Party (NPP) argue that any term limit should only apply from the date a new constitution is adopted, rather than retroactively.
  • The draft constitution proposed several structural changes to governance, including requiring a university degree for presidential candidates and an absolute majority of votes for victory. It also sought to subject the president's nominations for the Chief Justice, key security positions, and ministerial posts to National Assembly approval, while reducing the president's ability to nominate National Assembly members.
  • Because the country continues to operate under the 1997 Constitution, President Barrow remains legally eligible for another term. The authors warn that a third term for Barrow could deepen political tensions and potentially necessitate intervention by the Economic Community of West African States (ECOWAS), similar to the crisis in 2016-2017.
  • The authors suggest that ECOWAS could use its existing political and military influence, maintained through the ECOWAS Mission in The Gambia, to mediate the deadlock and help establish a roadmap for completing the constitutional reform process.

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APA
Kwarkye, S., & Daffe, S. (2024). Lack of constitutional reform stalls The Gambia’s democratic transition. Institute for Security Studies. https://issafrica.org/iss-today/lack-of-constitutional-reform-stalls-the-gambia-s-democratic-transition
Chicago
Kwarkye, Sampson, and Seydou Daffe. Lack of constitutional reform stalls The Gambia’s democratic transition. Institute for Security Studies, 2024. https://issafrica.org/iss-today/lack-of-constitutional-reform-stalls-the-gambia-s-democratic-transition.
Wikipedia
{{cite report |last1=Kwarkye |first1=Sampson |last2=Daffe |first2=Seydou |title=Lack of constitutional reform stalls The Gambia’s democratic transition |publisher=Institute for Security Studies |date=21 May 2024 |url=https://issafrica.org/iss-today/lack-of-constitutional-reform-stalls-the-gambia-s-democratic-transition |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{kwarkye2024lack, author = {Kwarkye, Sampson and Daffe, Seydou}, title = {{Lack of constitutional reform stalls The Gambia’s democratic transition}}, institution = {Institute for Security Studies}, year = {2024}, month = may, url = {https://issafrica.org/iss-today/lack-of-constitutional-reform-stalls-the-gambia-s-democratic-transition}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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