By: Saidou DM Camara
Good governance has become one of the most important benchmarks of democratic consolidation in Africa, and The Gambia is no exception. As a political and legal ideal, good governance emphasizes transparency, accountability, participation, and the supremacy of the rule of law. Yet, in The Gambia, as in many countries with fragile democracies, corruption continues to undermine these aspirations. The abuse of public office for private gain not only erodes public trust but also deprives the state of resources necessary for development, perpetuating cycles of poverty and inequality.
In the Gambian context, the legacy of authoritarianism under former President Yahya Jammeh left behind entrenched practices of graft, weak institutions, and a culture of impunity. Since the democratic transition of 2017, the Barrow administration has faced increasing pressure from citizens and the international community to confront corruption through both political and legal reforms. The drafting of the Anti-Corruption Commission Bill, alongside other measures such as the Access to Information Act (2021), reflects attempts to align domestic law with global anti-corruption standards. However, challenges of enforcement, institutional weakness, and political interference remain significant obstacles.
This essay critically examines the role of anti-corruption law in promoting good governance in The Gambia. It argues that while legal reforms provide an essential foundation, their effectiveness depends on strong institutions, political will, and citizen participation. The essay begins by defining corruption as a threat to governance, before analyzing the legal and institutional frameworks in The Gambia. It then considers the judiciary’s role, implementation challenges, and the reforms required to move towards a governance system that is transparent, accountable, and just.
Corruption as a Threat to Good Governance
Corruption is often defined in legal terms as the abuse of entrusted power for private gain. Politically, it is a distortion of governance systems, undermining equality, efficiency, and legitimacy. The African Union has declared corruption as one of the greatest obstacles to development, recognizing its impact on weakening democratic institutions and diverting resources from essential services.
In The Gambia, corruption manifests in several ways: bribery within public administration, misappropriation of state funds, nepotism in appointments, and manipulation of procurement processes. The Jammeh era was marked by an unprecedented personalization of state resources, where state coffers were routinely plundered for private enrichment. The Janneh Commission Report (2019) revealed staggering levels of mismanagement and theft, estimating that over US$300 million was diverted from public accounts under Jammeh’s rule. Such corruption not only deprived Gambians of development but also entrenched authoritarianism by concentrating wealth and power in the executive.
The link between corruption and poor governance is clear. Transparency International’s Corruption Perceptions Index (CPI) consistently shows a correlation between high levels of corruption and low levels of governance quality. In the Gambian context, corruption has eroded trust in institutions such as the judiciary, the legislature, and public administration.
Good governance requires accountability, but corruption corrodes the very institutions that provide oversight. Instead of acting as guardians of the rule of law, compromised institutions perpetuate impunity. This dynamic explains why combating corruption is not merely a matter of legality but a cornerstone of governance reform (Johnston, 2014).
Legal and Institutional Frameworks Against Corruption in The Gambia
Existing Frameworks
The Gambia has taken important steps to develop anti-corruption frameworks. The Access to Information Act (2021) marked a significant milestone by granting citizens the right to demand transparency from public institutions (Amnesty International, 2021). The government has also tabled the Anti-Corruption Commission Bill, designed to establish an independent commission mandated to investigate and prosecute corruption.
Other institutions, such as the Office of the Auditor General, the Public Accounts Committee (PAC), and the National Audit Office, play oversight roles. Additionally, The Gambia is a signatory to international and regional instruments such as the United Nations Convention Against Corruption (UNCAC) and the African Union Convention on Preventing and Combating Corruption (AUCPCC).
Strengths and Weaknesses
These frameworks demonstrate a commitment to reform, but challenges persist. The Access to Information Act provides transparency but requires strong enforcement mechanisms to be effective. The Anti-Corruption Commission Bill remains under discussion and has not yet delivered tangible results. Institutions such as the PAC are constrained by inadequate resources, lack of technical expertise, and occasional political interference.
The Gambia’s experience highlights a broader African challenge: anti-corruption laws often exist in theory but remain weak in practice (Mbaku, 2020). Without strong institutional independence and adequate funding, legal reforms risk becoming symbolic gestures rather than tools for transformation.
The Role of Law in Promoting Good Governance
The rule of law is central to good governance. When enforced impartially, anti-corruption laws create accountability structures that restrain abuse of power. In The Gambia, this means empowering courts, oversight bodies, and the public to demand compliance from leaders.
For example, legal measures against illicit enrichment or asset declaration can deter corrupt practices. Judicial independence is also vital: a judiciary compromised by political influence cannot impartially adjudicate corruption cases (Fombad, 2017). In The Gambia, the judiciary has made strides in asserting its independence, but its capacity to handle complex financial crimes remains limited.
Comparative experiences provide useful insights. Ghana’s Commission on Human Rights and Administrative Justice (CHRAJ) offers a model of an independent anti-corruption body with broad investigatory powers. Rwanda’s success in reducing petty corruption through institutional reforms and strict enforcement also demonstrates the importance of political will. Botswana’s Directorate on Corruption and Economic Crime (DCEC) is often cited as a benchmark for African anti-corruption institutions. These cases suggest that The Gambia must strengthen institutional capacity while ensuring political insulation.
Challenges in Implementation
Political Interference
One of the greatest challenges is political interference. Corruption thrives where political elites manipulate institutions for personal or partisan gain. In The Gambia, concerns have been raised that anti-corruption efforts may be selective, targeting political opponents while sparing allies (Transparency International, 2022).
Weak Institutional Capacity
Institutions charged with oversight often lack adequate funding, technical expertise, or autonomy. For example, the Auditor General’s reports are frequently delayed, limiting their effectiveness. Similarly, the National Audit Office faces logistical constraints that undermine its independence.
Cultural and Systemic Factors
Corruption is not only institutional but also cultural. Decades of authoritarian rule normalized patronage and bribery. In such contexts, corruption can become embedded in social and political life, making legal reforms difficult to enforce.
Public Apathy
Citizens often view anti-corruption measures with skepticism, perceiving them as symbolic rather than substantive. Without visible prosecutions or recovery of stolen assets, public confidence in anti-corruption initiatives declines.
Towards Strengthening Anti-Corruption and Good Governance
Institutional Independence
Independent anti-corruption institutions are critical. The proposed Anti-Corruption Commission must be shielded from political influence and granted prosecutorial powers. Adequate funding and capacity-building are essential.
Whistleblower Protections and Civic Education
Laws protecting whistleblowers and investigative journalists must be enacted and enforced. Civic education can also shift cultural attitudes by emphasizing the social costs of corruption.
Digital Reforms
E-governance and open data systems can reduce opportunities for corruption by automating processes and improving transparency. For example, digital procurement systems limit human discretion in public contracts.
International and Regional Cooperation
As corruption often involves cross-border financial flows, regional cooperation is vital. The Gambia can leverage platforms such as ECOWAS to strengthen asset recovery and financial intelligence mechanisms.
Conclusion
Anti-corruption law is not merely a legal tool but a governance imperative. In The Gambia, combating corruption is central to democratic consolidation, sustainable development, and public trust. While progress has been made through legislation such as the Access to Information Act and the proposed Anti-Corruption Commission, success will depend on political will, independent institutions, and citizen engagement.
The Gambian case illustrates a broader truth: laws alone cannot defeat corruption. They must be transformed into living instruments of accountability, backed by institutions that are independent, transparent, and trusted by citizens. In this sense, anti-corruption law is both a test and a measure of good governance. If The Gambia succeeds, it will not only strengthen its democracy but also serve as a model for other nations seeking to overcome the corrosive effects of corruption.
References:
Amnesty International. (2021). The Gambia: Access to Information Act a step forward for transparency. Amnesty International.
Fombad, C. M. (2017). Separation of Powers and Constitutionalism in Africa: The Case of Botswana. Journal of Contemporary African Studies, 35(2), 183–203.
Johnston, M. (2014). Corruption, Contention and Reform: The Power of Deep Democratization. Cambridge University Press.
Mbaku, J. M. (2020). Corruption in Africa: Causes, Consequences, and Cleanups. Lexington Books.
Rose-Ackerman, S. (2016). Corruption and Government: Causes, Consequences, and Reform. Cambridge University Press.
Transparency International. (2022). Corruption Perceptions Index 2022: The Gambia.5 Transparency International.
Truth, Reconciliation and Reparations Commission (TRRC). (2021). Final Report of the TRRC, The Gambia. Banjul.
No comments:
Post a Comment