By Umaru Fofana
The presidential governance adviser, Emmanuel Gaima, says there will be no referendum to amend the country’s constitution before or during the 2023 elections.
He was speaking to Politico on the next steps, following the launch of the White Paper on the recommendations of the Constitutional Review Committee.
He said president Julius Maada Bio would engage parliament, political parties and other relevant stakeholders, to move on with the non-entrenched provisions of the proposed amendments before the 2023 elections; but that there would be no referendum “because we don’t want the referendum to clog the policy discourse that will be around the elections”.
Gaima said that those entrenched clauses of the constitution recommended for amendment would wait “because of the processes that are ongoing currently leading to the elections – and not wanting to cloud the electoral agenda”. He said the president had directed that those provisions be deferred to 2024.
He said they would also undertake civic engagement across the country for a better understanding by the public of the provisions that were up for amendment.
Entrenched clauses are those under the Bill of Rights under Chapter Three and those provisions spelled out under Section 108 of the current constitution.
Among other things the White Paper recommends the reduction of detention time without charge to 48 hours (down from 72) and seven days (down from 10) for capital offences; those unlawfully detained will be entitled to compensation and a public apology.
Presidential, legislative and local council elections are proposed to be held on the same date in March after every five years.
The recommendations also include that there should be a special provision made for women with children and adequate medical facilities for all persons, without regard to the resources of the state; gender inclusivity and equality in political, economic, cultural and social spheres; and not more than two-thirds of elective or appointed bodies comprising the same gender.
While the recommendations say that there shall be no loss of the presidency or vice presidency when the holder vacates the party under which they were elected, it nevertheless retains the controversial Supreme Executive Authority under which an elected Vice President, Samuel Sam-Sumana was sacked.
If the White Paper has its way, the office of the Attorney General will be separated from the Ministry of Justice and the eligibility criteria for such an office holder shall include someone who has spent 15 years at the bar (down from 20).
It also provides for a Proportional Representation system instead of the current winner-takes-all system.
Copyright © 2022 Politico Online (16/02/22)
