UNIVERSITY OF THE GAMBIA

COURSE NAME: PUBLIC POLICY AND DECSION MAKING

INSTRUCTOR: DR. BANNA SAWANEH, ASSOCIATE PROFESSOR PHD

ASSIGNMENT QUESTION:

Discuss public policy and democratic citizenship in The Gambia

PROGRAM NAME: MASTERS IN PUBLIC ADMINISTRSTION

COHOT: 6TH MPA&MSC

INTRODUCTION

Democratic citizenship notes the renewed emphasis on citizen duties and the expectation that

they be active in society and govern by public policy. In order to do this, they must be familiar

with, and respect the institution of democracy: the electoral system, freedom of speeches,

information and association and the right of their fellow citizens. The liberal state has made it

possible for private lives not to be interfered with by public life, but has left citizens

depoliticized. If citizen is to act freely for the public good, it will be necessary to educate them in

citizenship. Public policy is there to guide citizen on the various activities they are to do. This

makes it possible to do things according to a set of policies without jeopardizing. The Gambia as

a nation has provide different kind of policy for the citizen to follow while observing democracy.

PUBLIC POLICY AND CITIZENSHIP

The relationship between Public Policy and Citizenship cannot be over-emphasized, as enshrined

in the 1997 Constitution of The Gambia. However, it is paramount to know what citizenship is

all about or who is a citizen, and then its relationship with Public Policy.
 CITIZEN

A citizen is a legal member of a country who owes allegiance (strong loyalty) to his or her

country, and who enjoys full constitutional rights, and in most instances ready to sacrifice his or

her life in defence of his or her country, (Jawo 2019). it is therefore imperative for one to note

that enjoying a constitutional right, and how to get them are policies enshrined in our

constitution. For instance, there are policy documents that clearly stated how to get citizenship.

METHODS OF ACQUIRING CITIZENSHIP

1. BY BIRTH: Having a nationality is a fundamental right of every individual irrespective of

your sex, colour, ethnicity, religion, etc. In The Gambia, it is one of the national policy

documents that

one need to be born here to be a citizen. Section 9 of the 1997 Constitution of The Gambia says

that ‘’Every person born in The Gambia after the coming into force of this Constitution

shall be presumed to be a citizen of The Gambia by birth if at the time of his or her birth,

one of his or or parents is a citizen of The Gambia.’’

2. BY DECENT: 10

3. NATIONALIZATION APPLICATION 12

4. MARRIAGE/REGISTRATION 11

Apart from the methods of acquiring citizenship as one of the measures of Public Policy, the

duties and responsibilities of citizens are highlighted here as other public policies regarding

citizenship.

DUTIES /RESPONSIBILITIES OF A CITIZEN

1. FREEDOM OF SPEECH

2. OBEYING THE LAW

3. TO BE AWARE OF HAPPENINGS IN YOUR COUNTRY

1. RESPECT THE NATIONAL FLAG, AND OTHER SYMBOLS OF THE GAMBIA

2. SEEK FOR LAWFUL EMPLOYMENT

3. CONTEST FOR A POLITICAL POSSITION

4. BELONGING TO ANY POLITICAL PARTY

DEMOCRACY

Democracy may be a word familiar to most, but it is a concept still misunderstood and misused

at a time when dictators, single-party regimes, and military coup leaders alike assert popular

support by claiming the mantle of democracy. Yet the power of the democratic idea has prevailed

through a long and turbulent history, and democratic government, despite continuing challenges,

continues to evolve and flourish throughout the world.

Democracy is more than just a set of specific government institutions, it rests upon a well-

understood group of values, attitudes and practices- all of which may take different forms and

expressions among cultures and societies around the world. Democracies rest upon fundamental

principles, not uniform practices.

DEFINITIONS OF DEMOCRACY

Democracy, which derives from the Greek word “demos” or “people” is defined basically as

Government in which the supreme power is vested in the people. In some form, democracy can
be exercised directly by the people in large societies, it is by the people through their elected

agents.

Some scholarly and popular definitions of democracy are as follows, beginning with the more

popular definition given by Abraham Lincoln, former US President.

Democracy is the government “of the people, by the people and for the people”. Former UN

secretary general, Boutros Boutros-Ghali describes democracy as “ a system of government

which embodies in a variety of institutions and mechanisms, the ideal of political power based on

the will of the people”. This definition points to the representative nature of democracy, but

offers little information on what makes democratic institutions capable of formulating a

representative system.

Robert Dahl, uses the term ‘democracy’ to mean “ a political system one of the characteristics of

which is the quality of being completely or almost completely responsive to citizens”. Dahl

prescribed three opportunities needed by citizens for this to be a reality.

1) To formulate their preference

2) To signify their preference to their fellow citizens and the government by individual and

collective action

3) To have their preference weighted equally in the conduct of the government, that is ,

weighted with no discrimination because of the content or source of preference.

Juan Linz and Alfred Stephen have observed, “Democracy is a form of governance in which the

rights of citizens are guaranteed and protected.

BRIEF HISTORICAL BACKGROUND OF DEMOCRACY

The historical development and origin of democracy can be attributed to ancient civilizations,

notably ancient Greece. The concept of democracy originated in ancient Athens through the

contributions of its esteemed citizens. Franz Steiner posits that the ancient Greeks held the

distinction of being the earliest political entities in human history. They achieved the status by

establishing states that function exclusively as societies of citizens. Wherein the authority to

govern and formulate policies rested solely with citizens. (steiner,1950, P.1).

However, according to another scholarly publication, it has been observed that approximately

2500 years ago in Ancient Greece, the inhabitants of the city-states of athens devised a distinct

method of decision making that deviated from the autocratic practice prevalent in earlier

times(swirkonline,2016,P.1).

The establishment of the city- state of Athens led to the development of a decision making

system often known as democracy in the field of governance. All individuals residing inside the

city-state of Athens possessed the right to participate in the electoral process and actively engage

in the governance of their polity.

From a historical perspective, it can be seen that Athens holds the distinction of being the first

city-state to grant common citizens the opportunity to participate in governmental positions and

legal proceedings.
 TYPES OF DEMOCRACY

Democracy falls into two basic categories: directed and representative. In direct democracy,

citizens without the intermediary of elected or appointed officials can participate in making

public decision such a system is clearly most practical with relatively small numbers of people in

a community organization, tribunal council or the local unit of a labor union, for example, where

members can meet in a single room to discuss and arrive at decision by consensus or majority

vote. However ,today as in the past, the most common form of democracy whether for a town or

a nation is representative democracy, in which citizens elect officials to make political

decisions, formulate laws, and administer programmes for the public good.

CHARACTERISTICS OF DEMOCRACY

1) Democracy is government in which power and civic responsibility are exercised by all

adult citizens, directly or through their freely elected representatives

2) Democracy rests upon the principles of majority rule and individual rights. Democracy

guards against all powerful central governments and decentralized government to

regional and local levels, understanding that all levels of government must be as

accessible and responsive to the people as possible.

3) Democracy conducts regular free and fair elections open to citizens of voting age.

4) Democracy rests upon the principle of majority rule and individual rights.

5) Citizens in a democracy have not only rights but also responsibility to participate in the

political system that, in turn, protects their right and freedom.

 6) Democratic societies are committed to the values of tolerance, cooperation and

compromise.

PUBLIC RULES

Public rules Is any rule, including those policy and procedures of any department of the city,

properly to implement provision of this code. Public rulings generally deal with priority issues

that have been found to require clarification, so if you have a concern about a particular area of

tax law, you may fine that many of your concern are shared by others and may have already been

addressed. Public ruling provide taxpayers with certainty and protection if they follow the ruling

as it applies to them. However, taxpayers who ignore public rulings may face severe penalties

and interest. Public ruling is imposition of rules by the government, or rather the government

enforced under penalties that are meant to change behaviors of individuals or firms.

Characteristics of public rules

1. Precision of the law: The precision of a legal command is taken here to refer to the degree of

detail or differentiation involved, For example an environmental rules is more precise if more

types of pollutants 0r sources of pollution are distinguished.

2. Effects of precision on legal cost and on behavior: We can consider the effects of precision on

legal cost, it is straightforward that greater precision tends to increase them, more detailed laws

tend to be more costly for the government for parties to interpret, and enforcers to apply.

3. Related issues and literature: The interesting complication is that application of a more precise

rule in adjudication may make information that is possessed by only one party relevant to the
outcome. By thereby creating a situation involving asymmetric information settlement becomes

less likely.

4.Rules and standards: The choice between rules and standards has long received attention from

legal commentators and more recently has been addressed from an economic perspective, A

number of the points particularly concerning the effects of rules and standard on legal cost and

on behavior.

5. Change in legal rules: Transition rules including a determination of whether the law is to apply

retroactively, concern not the form and content of substantive legal commands but instead how

the problem of legal changes concerns the fact that investments and other actions often have

effects in the future, at which time the governing legal regime may be different. Changes in the

law will affect, positively or negatively as the case may be, the returns from prior actions this

raises the question whether losses from legal change should be compensated or otherwise.

Advantages of public rules

1. Protection of the general public: Public rules protect people from unfair or unwanted practices

and exploitation in accessing goods or resources.

2. Monopolizing: Some businesses may end up monopolizing their market if they are not

controlled by public rules ensure that market competition is free and fair.

3. Revenue collection: A government has to regulate it business environment for it to get the tax

revenue for a country.

4. Consumer safety: Regulations are also meant for checking the standards of products in the

market to ensure that they meet the required human safety.

5. Protecting human rights: Some groups of people can be exploited or overlooked if there are

not regulations for example, the minority of the population.

Disadvantages of public rules

1. Complexity: Imposing public rules controls and checks can be time-consuming since plenty of

control may be needed.

2. Cost: public rules activities within an economy or a region can be costly due to the processes

involved. 3. Negative effect on small businesses: Small businesses may suffer from public rules

that are placed as a standard for every business. For instance, not all small businesses may

manage the payments of standard business fees to government competitiveness: Poorly

structured public rules may end up decreasing the competitiveness of a country in the global

space.

The benefits of public rules

1.Equality: The first benefit of rule of law is that it ensures equality. This is because of the of law

decrees that no individual is above the law. This inherently means every individual is equal under

the law. Rule of law makes sure equality is given to all regardless of an individual’s status, class,

race, gender, faith, or sexuality.

2.Freedom: The importance of a free society is enshrined within the principles of the rule of law

it emphasizes the importance of freedom by bestowing individual freedom on every single

individual. This means individuals are free in thought, free in speech, and free in expression

these are values crucial to preserving a healthy democracy and ensuring a society is free and fair.
3.Good governance: This is a healthy democracy and democratic process is at the heart of what

the rule of law is about. It makes sure that elected officials are sworn into public office through

the will of the people it holders those in power accountable and stresses the fact no individual is

above the law. It makes sure public officials work in the best interest of the general public.

4.Individual liberty: this is crucial to a healthy democracy the individual must be liberated from

any oppression or coercion by the state. The importance of the individual must be prioritized

over the interests of bureaucrats. Rule of law emphasizes the fact that the individual is free to

live on their own terms as long as they don’t tread on the rights of others. Rule of law upholds

the value of individual liberty and prevents it from being attacked by bureaucrats.

Human Right

Human right recognizes the inherent value of each person, regardless of background, where you

live, what we look like, what we think or what we belief. They are based on principle of dignity,

equality and mutual respect, which are shared across culture, religious and philosophies.

People’s empowerment

One of the main elements in the recognition of human rights is the construction of a rights-

holder. This is linked to the liberal roots of human rights. It is taken as given that the creator of

public power is the subject: the subject is the beginning and the end of the political system.

Most of the discussion around the construction of the rights-holder has centered on the right to

development and the right not to be poor. This seems fitting if we consider that poverty implies

being deprived of multiple things and various rights, that together limit the right-holder’s
capacity for self-determination and the ability to exercise power. It is important to clarify that

this capacity for self-determination depends on economic factors, but also on cultural, social, and

political factors. Thus, limitations on self-determination are not just economic; there are multiple

deprivations that arise from cultural, social, and political contexts. A lack of self-determination

has multiple causes. Part of the strategy of human rights is to weaken that cycle of powerlessness

and promote enhanced skills (NACIONES UNIDAS, 2004). This is where empowerment of the

individual is linked to rights to equality and freedom from discrimination, to affirmative action

and gender, to the identification of both vulnerable groups and the elements that generate

conditions of structural oppression and the modification of those structures (not just through

affirmative action but also through transformative action). It is clear that human rights are

interdependent, comprehensive, and therefore indivisible.

We can think about empowerment by considering an essential question: How can a channel of

communication be built between the government and the people? If the population continues to

be treated as subjects—in other words, a right is granted as a favor through the magnanimity of

the monarch using policies of patronage—then there is no empowerment; there is no public

policy based on human rights. One could ask, “How does the human rights perspective propose

to create rights-holders?” The primary and most well-known way, though not the only way, is

through recognition of the right. That implies identifying the core and the extremes of the right,

to determine, through public policy and with evaluation indicators, how to progressively fulfill

the right; it assumes that there are information campaigns to make people aware of their rights; it

also assumes that there are enforcement mechanisms (jurisdictional and non-jurisdictional) to

implement the rights, both in general and within specific public policy programs. Here, the
language of rights is extremely important, because it creates a logic of responsibility through

accounting mechanisms and legally binding obligations. Seen through this lens, the objective and

the essence of public policy is not to solve specific problems or to respond to unsatisfied

demands but, rather, to fulfill rights.

Finally, the concept of empowerment as a basic element in the creation of a human rights

perspective will have a major impact in the course of public policy planning because it will lead

to the consideration of two criteria: acceptability, and the overarching principle of participation.

Equality and non-discrimination

Equality and non-discrimination are two principles that are established in numerous international

instruments emphasizing equality in the enjoyment of all human rights. These instruments

require that States Parties guarantee the exercise of rights free from any discrimination based on

race, color, sex, language, political or other opinion, national or social origin, economic status,

birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation,

marital status, or any other condition of a political, social, or other nature. This set of norms, as

well as the case law relating to them, provides clear concepts and useful parameters to define and

evaluate public policies.

The principles of equality and non-discrimination oblige States not to discriminate, in other

words, not to implement policies and measures that are discriminatory or that have

discriminatory effects, and it also obligates them to protect people from discriminatory practices

or behavior by third parties, whether these are public agents or non-state actors. Similarly, it

implies that States give attention to the particular circumstances of persons and groups who are
excluded or discriminated against in order to ensure that they are treated on the basis of equality

and non-discrimination, and that they are not neglected.

Participation

One of the central elements related to the construction of the rights-holder and the empowerment

of the individual is the belief that the individual is best placed to make his or her own life

decisions. In theories of democracy, there is a moral equality that follows from the categorical

principle of equality: people’s desires for goods, their moral demands, and the sorting of their

preferences are equally valid despite their differences. At the same time, without evidence to the

contrary, each individual is best placed to determine those desires and preferences, to define

one’s own good life. Using this logic, the individual not only can but should participate in

making political decisions as part of his or her self-determination.

A culture of human rights

The 1993 Vienna Declaration and Program of Action establishes that:

(…) education on human rights and the dissemination of proper information, both theoretical and

practical, play an important role in the promotion and respect of human rights with regard to all

individuals without distinction of any kind such as race, sex, language or religion.

(NACIONES UNIDAS, 1993, Art. 33).

The consolidation of a culture of respect for human rights implies, on the one hand, raising the

public’s awareness of human rights through campaigns and other dissemination activities and

promoting a culture among citizens of the enforceability of rights. On the other hand, it includes
training public servants at all levels and in all government entities on human rights in general and

on human rights as they relate to public policies and budgets.

To build this human rights culture in The Gambia, we must make use of both formal and

informal education, taking into account that we must educate about human rights as well as for

human rights.

Finally, it is essential that human rights education directed at public servants be accompanied by

institutional change that allows for new incentives and disincentives that promote compliance

with human rights obligations. Training alone will not change the state of inertia if it is not

complemented by adequate institutional incentives.

A political party is an organization that coordinates candidates to compete in a particular

country’s election, it is a common for the member of a party to hold similar ideas about politics,

and parties may promote specific ideological or policy goal.

Every citizen of the Gambia of full age and capacity shall have the right without unreasonable

restriction (a)to take part in the conduct of public affairs directly or through freely chosen

representatives (b) to vote and stand for elections at genuine periodic elections for public office,

which election shall be conducted.

Political party as a committee or organization whose nominated or selected candidate for federal

office appear on the ballot as the party’s candidates.

The Gambia came to acquire a reputation both for political stability and an unusually democratic

system of government. Credit for this enviable state of affairs goes as much to Gambian to
themselves as to their leader. Gambian politics has been characterized by lack of extremism:

relation with the British were seldom rancorous and those between rival political parties

conducted within a shared system of political belief that repudiated the systematic use of

violence in pursuit of political objectives, or authoritarianism to maintain those objectives when

once in power.

Politics of the Gambia takes place within the framework of presidential republic whereby the

president of The Gambia is both head of state and head of government. Legislative power is

vested in both the government and parliament.

The Independent Electoral Commission was established in accordance with section 42 of the

1997 constitution of the Republic of The Gambia. It operates within the confine of the Electoral

laws in the constitution (as amended) and local government Act 2002 (as amended) to oversee

the election conducted in The Gambia for citizens to participate in nation building.

REGISTRATION AS POLITICAL PARTIES UNDER SECTION 105 OF THE

ELECTION ACT

1. the application for registration is to made on the prescribe application form obtainable

from the office chairman IEC.

2. The application must be accompanied by a declaration signed by not less than ten

thousand registered voters, at least 1000 voter from each of the seven administrative areas

3. The prescribed registration fees of one million dalasi should be paid at the time of

submitting the application.

4. The constitution of the party must be enclosed with the application.

5. the principal objective of the party should be to participate in the election and its internal

organization should conform to democratic principles.

6. The party should have a national character and should not be formed on any sectional,

religious, ethnic or regional basis.

7. the aims and objectives of the party should not be inconsistent with the constitution and

other laws of the country.

8. The name, emblem, color, motto or symbol of the party should have no ethnic, religious

or regional connotation.

9. Copy of the IECs code on election campaign ethics provided with the application form.

10. All the political party executives are resident in The Gambia.

Before voting, the followings conditions need to be met.

 Be in possession of a Gambian voter’s card

 Present oneself at the right polling station

 Must have one’s name on the register

 Must not be serving prison term

 Must not be of unsound mind

 Must not be in a state of inebriation

The Gambia is taking a giant stride in its transition from an authoritarian regime toward a

system of governance characterized by peaceful and credible elections, a vibrant media

landscape, meaningful separation of powers, accountability for crimes of the past, and a

commitment to national reconciliation and healing. But there is one area where The

Gambia is standing still or even regressing the proportion of women occupying elected

office in the Gambia.

 EXAMINING THE ELECTORAL SYSTEM IN THE GAMBIA

This study has examined the electoral process in the Gambia with critical assessment of the varying

strategies and mechanism which were adopted under the two republic to make the Gambia electoral

process rewarding and lasting one in the achieving peace for the small but beautiful nation. This even

lead to the introduction of voting system which was the elective principles that the British colonial

master introduces in the country has adopted an electoral system for the first past and post presidential

and parliamentary election method in to the house of representative but with a unique voting ideology of

the use of drums and marbles which involved dropping of tokens for voting to talk place at the polling

booths. This system will grantee credibility and popular elections that will transfers power genuinely to

the people without influence and the peace the country has been enduring. Meanwhile the electoral

system which is also known as a single member purity and this system has been met with mixed

reaction with several politician and political commentator said the current system has served the country

well. The marble drum and bell system obviate the need to be literate to participate in one of our most

sacred civil duties as citizens that is the right to vote in a country where illiteracy rate are still

unfortunately very high. Following the liberalization of the political environment the current system

does not only provide operational challenges but has the possibilities of increasing the cost associated

with organizing election. The Republic of the Gambia is a new democracy that transition from 22 years

of authoritarianism under Yahiya Jammeh to democratic status in 2016 when president Adama Barrow

was elected it exhibits mid-range performance across all categories of the Global state of democracy

framework over the past five years it has experience notable improvement in representative credible
election, gender equality personal integrity and security, civil engagement, and freedom of expression.

During that define it has not suffered any significant declines. In the Gambia the peaceful presidential

election in the Gambia through policy and political dialogues outreach initiative knowledge general and

capacity building (training) for civil society and organisation and media one of the major result of phase

one was the development acceptance and monitoring of a code of conduct for presidential elections the

development acceptance and monitoring of a code of conduct for the presidential elections. The

development of this code of conduct for the presidential

candidates were participatory through political dialogue and consultative processes involving all

political party leaders and other relevant stakeholders such as CSOs faith based groups traditional

leaders and media. The CSOs was acceptance and signed by the six presidential candidates. The aim of

this policy is to contribute to the peaceful parliamentary election that took place on 9 April 2022. A

major result of 85 per cent of the candidates from 53 constituency accepted and sign these code of

conducted for candidates in parliamentary election. This CSOs was also develop through a participatory

process cauterized by political dialogues and consultation involving all electoral stakeholders

particularly political party leader independent candidates. The method of regulation set by countries on

campaign financing defer from county to country depending on the legislation put in place as a

regulatory mechanism. This system calls for transparency among political party’s candidate improving

them to abide by the regulation or risk founds to been withhold for violations of the critical. It allows

the public to be informed and gives the ability to securitize political parties and candidate who are

directly answerable to the public. However, the system is susceptible to shortcoming if there is high

level of public financing which would cause detachment between parties and candidates always

concentrate on grassroots engagement and the wider electorate. The procedural framework of

monitoring campaign financing differ across countries and different institution can be responsible for its
oversight governance. Furthermore, this study reviled that most countries consider EMBs as effective

and relevant institution for controlling regulation on campaign financing in some case the EMBs can

have limited access to resource and personnel to defective carry out this mandate and instance where

member of the EMBs can be representative from political parties it become difficult to be trusted on

matters regarding regulations because of partnership and other action that might not be in line laws of

the states.

REFERENCE

Essay by Daniel Vazquez and domitille Dellaplace, public policies from human rights

perspective, a development field.