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Subject:
From:
Yunusa Bah <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Mon, 24 Jan 2000 16:07:40 +0000
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Haruna,


Haruna Farage wrote:

    " The problem in africa is not democracy but CONSTITUTIONS. We must have
     a constitution made by the people and for the people. For
     constitutions are documents that set out the rules and regulations of
     any country and put a limit to excessive abuse of offices. America
     succeeded to be democratic because of respect for the constitution
     which puts a limit to the three powers of government."

Your last statement contradicts your first statement above. I beg to differ here
with your first statement. Our problem is not the definition of democracy or the
constitutions but respect and commitment to democracy and the constitutions,
however flawed they may be. Are our leaders really committed to democracy,
whatever we choose to interpret it? And whatever we define the word democracy,
its principles as eloquently stated previously by Sister Jabou, are surely
expressed in the constitutions. Do we still see African leaders respecting these
flawed/imperfect constitutions? My honest answer is NO. Most of our leaders
think they have been God-chosen to lead us and hence have right to govern anyhow
without regard to public opinion or opposition. And how many times have we been
reminded that as muslims/christians we must accept that these leaders have been
chosen by God and that even if all of the electorate was to vote NO, they will
still win if GOD says YES. I am not convinced that our poor leadership is due to
bad constitutions.You have to justify this.

Maybe i also have to justify my disagreement with your opinion. I will like to
give you two examples which you are most likely aware of.

1. The Gambia.

Gambians overwhelmingly requested a term limit for the presidency to two terms
of 8 or 10 years during the constitutional review process. But what happened?
This was removed by the powers that be who were not comfortable by this
limitation on the eve of the referendum behind the peoples' back? Was this not a
constitution of the people derived through nationwide consultations and our only
first such constitution?   Who's to blame, the constitution or the leadership?

2  Senegal.

There was a term limit on the presidency which would have barred Abdou Diuof
from contesting this year's elections. What happened? He manipulated his
national assembly and removed the clause and he is now contesting. Where is the
fault again? Bad constitution or poor leadership?

In closing i wish to say that we need commitement and respect for whatever
constitutions we may have in place. We should not manipulate them to suit our
selfish interests anytime we so desire. We should revise them to reflect
changing needs untill they are relatively(note) perfect. But the revisions
should not leave us with worse constitutions as in the two cited cases above.

I must also express my suprise at your call for a constitution which guarantees
equal rights to the government and governed considering your legal background(no
disrespect intended). If we agree that power belongs to the people(governed) and
that the government has been given mandate by the people to run the affairs of
the state as their trustees, then surely there cannot be any equality. The one
that has absolute power to appoint/elect  trustees(government) must have more
power and right.My layman's opinion.

Regards.

Yunusa Bah

>
>      The problem in africa is not democracy but CONSTITUTIONS. We must have
>      a constitution made by the people and for the people. For
>      constitutions are documents that set out the rules and regulations of
>      any country and put a limit to excessive abuse of offices. America
>      succeeded to be democratic because of respect for the constitution
>      which puts a limit to the three powers of government.
>
>      African leaders are afraid of rewriting their constitutions by going
>      to the people because they feel that they would loose some of their
>      powers as enshrined in their constitutions. This is the case now in
>      Kenya and Zimbabwe.
>
>      A good constitution accepted by all is certainly the best solution to
>      africa's problems. Constitutions are as undemocratic as democracy, if
>      they are not in the interest of the majority for which it is meant to
>      serve.
>
>      In fact, definitions are interpretations and expression according to
>      which the word defined is understood by author. The word democracy as
>      we are taught is been defined by the Greeks to mean in short
>      government of the people, for the people and by the people. But the
>      question now arises, what makes a government of the people, for the
>      people and by the people? In my opinion is to have a constitution that
>      guaranttee equal rights for both the government and the governed.
>
>      What do you think?
>
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