Ten Reasons Why I Will Vote YES at the Referendum

Part Three (3)

• It recognized and upheld the position that human rights and freedoms are divine and own by the individual and not granted by the state (section 31(3)(a))

• ​It prohibits the National Assembly to make any law which will indemnify a person who abused the fundamental rights and freedoms of others (section 31(4)). With the coming of the new constitution, there exist a greater possibility to repeal the existing Indemnity Act pursuant to Schedule 4, clause 2(5) of the Final Draft Constitution.

• It provides interpretation guides to courts, tribunal and other authority when dealing with dealing with matters of fundamental rights and freedoms (section 32(3)).

• ​It provided guidance to courts, tribunals and other authority when dealing with rights to education, economic and social rights and right to development (section 32(4)).

• ​It mandates the state to take legislative, policy and other measures to progressively realize the right to development and economic and social rights (section 33(2)).

• ​It mandates organs of government and public officers to address the needs of vulnerable groups including older members of society (section 33(3)). For the first time the constitution of the Gambia recognized older members of society as vulnerable groups.

• ​It broadens the number of persons to institute suit claiming infringement or threatened infringement of fundamental rights and freedoms (section 34(2)). Both natural and artificial persons can file a claim for themselves, others or in the public interest.

• It placed an obligation on the Chief Justice to make rules relating to the enforcement of fundamental rights and freedoms (section 34(3)(a)-(e)). CJ can take guidance from the Nigerian Fundamental Rights (Enforcement) Procedure Rules made in 2009.

• ​It has provided progressive and justifiable factors that can limit fundamental rights and freedoms (section 36(1) and (2)) and removed such considerations as national security and public policy

• ​It makes the right to human dignity and protection against torture and inhuman treatment, protection from slavery, servitude and human trafficking, and right to an order of habeas corpus (produce the body of the detainee) shall not be limited (section 37(a)(b)(c)).