Constitutional Review Commission (CRC)

The Constitutional Review Commission (CRC) is established as per the Constitutional Review Commission Act passed on 13 December 2017 by the National Assembly  and assented to by the president on 13 January 2018. The CRC is established for the drafting and guiding of the process of  promulgating a new Constitution.

Functions of the Commission

The Commission is responsible for drafting a new constitution and prepare a subsequent report. In the execution of this function, they should seek public opinion; review the 1997 Constitution; adhere to national values; safeguard and promote issues of sovereignty; separation of powers, national unity; introduction of term limits, and continuance of The Gambia as a secular state. The Commission shall be dissolved one calendar month after the date of enactment by the National Assembly of the Bill introducing the Constitution.

Commissioners

The Commission should be comprised of a Chairperson (Chief Justice or a judge of the superior court), a Vice Chairperson (legal practitioner of not less than 10 years standing nominated by the Minister of Justice and nine other members nominated by the President.  Find more information about the commissioners here.

crc commissioners.jpg

Constitution-building timelines & processes

  • CRC releases draft for comment: November 2019

  • CRC publishes and submits final draft to President - December 2019

    • Section 21 of the Act empowers the Commission, upon submission to the President, to publish the draft constitution and the report in the Gazette and in such other manner as the Commission deems fit. This serves as a safeguard against tampering.

  • President passes draft to National Assembly

  • First publication of Bill in Gazette

  • 3 months later, second publication of Bill in Gazette

  • 10 days later, introduction of Bill to NA

  • Bill in second reading, supported by 3/4ths of all NAMs

  • Bill in third reading, supported by 3/4ths of all NAMs

  • Bill referred by Speaker to the Independent Electoral Commission (IEC) for a referendum, to be held within 6 month

  • Referendum: 50% turnout + 75% of votes cast

  • If passed by referendum, Bill referred to President with IEC certification

  • President must assent within 7 days