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    <title>Global South World - Constitutional Law</title>
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    <description><![CDATA[News, opinion and analysis focused on the Global South and rising nations across the world. Delivered by journalists on the ground in Africa, Asia, Europe and the Americas. From politics and business to technology, science and social issues, Global South World is the first place to come for accurate and trusted information.]]></description>
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      <title>Noboa pushes referendum bypassing Constitutional Court as protests grow in Ecuador</title>
      <link>https://www.globalsouthworld.com/article/noboa-calls-controversial-referendums-on-foreign-military-bases-and-new-constitution</link>
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      <pubDate>Sat, 20 Sep 2025 12:39:32 Z</pubDate>
      <description><![CDATA[<p>The move, announced on Friday, September 19, bypasses the Constitutional Court and comes amid growing protests over fuel subsidy cuts.</p>
<p>In a decree ordering the National Electoral Council to prepare the vote, Noboa argued that Ecuador’s worsening security crisis requires new strategies against organised crime. The proposals would overturn a 2008 constitutional ban on foreign bases, which led to the closure of the US  military  installation in Manta a year later. Washington has already signalled openness to returning if formally invited.</p>
<p>Alongside the question on military bases, Noboa also decreed a referendum on convening a Constituent Assembly, a flagship promise of his campaign. Under his plan, the body would consist of 80 representatives — provincial, national and from abroad — tasked with drafting a new constitution within six months, extendable by two.</p>
<p>But Noboa’s decision to sidestep the Constitutional Court has fuelled a deeper clash between the executive and judiciary. The court recently blocked parts of several laws pushed by his administration, and critics accuse him of undermining constitutional safeguards. In a statement, the presidency dismissed those concerns, insisting that “politicised obstruction will not prevent the will of the Ecuadorian  people ”.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="photographer">Cesar Munoz</media:credit>
        <media:credit role="provider">REUTERS</media:credit>
        <media:title>Ecuador's President Daniel Noboa leads the March for Peace and Justice, in Guayaquil</media:title>
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      <dc:creator><![CDATA[Lucía Aliaga]]></dc:creator>
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      <title>Kenyan court halts constitutional amendment bill to entrench three controversial funds</title>
      <link>https://www.globalsouthworld.com/article/kenyan-court-halts-constitutional-amendment-bill-to-entrench-three-controversial-funds</link>
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      <pubDate>Thu, 18 Sep 2025 14:12:52 Z</pubDate>
      <description><![CDATA[<p>Justice Lawrence Mugambi issued the conservatory order, ruling that public interest lay in stopping the process until the case is heard and determined. He warned that once assented to as law, the Bill could not be reversed except through another constitutional amendment.</p>
<p>“Pending the hearing and determination of this petition, a conservatory order is hereby issued forbidding and or preventing the forwarding of the Constitution of Kenya Amendment Bill to the President for assent. If assented to, the same shall not take effect until the petition is heard and determined,” the judge is quoted by  Nation.Africa .</p>
<p>What the Bill seeks to do</p>
<p>The Bill, co-sponsored by MPs Otiende Amollo (Rarieda) and Samuel Chepkonga (Ainabkoi), aims to enshrine the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NG-AAF) into the Constitution.</p>
<p>The Bill sailed through the National Assembly with overwhelming support, with 304 MPs voting in favour at Second Reading and 298 at Third Reading, clearing the two-thirds threshold. It is currently before the Senate for debate and approval. </p>
<p>Why did the court step in?</p>
<p>Several civil society groups, including the Katiba Institute, the Kenya Human Rights Commission, and Transparency International, challenged the Bill. They argued that Parliament was amending the Constitution without first passing a referendum law, despite Article 255(1) requiring some amendments to be subjected to a public vote.</p>
<p>The petitioners also faulted lawmakers for attempting to constitutionalise the NG-CDF despite it having been declared unconstitutional three times - by the High Court, Court of Appeal, and Supreme Court - for violating the principle of separation of powers.</p>
<p>“The Bill contains provisions that will need to be approved in a referendum. Therefore, Parliament should be compelled to enact a referendum law, which it has failed to do for the past 14 years,” Katiba Institute argued.</p>
<p>However, the Attorney-General, the Director of Public Prosecutions, and the National Assembly opposed the petitions, insisting the court had no jurisdiction and that the lawmaking process was within Parliament’s powers. </p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="photographer">Monicah Mwangi</media:credit>
        <media:credit role="provider">REUTERS</media:credit>
        <media:title>Kenya's President William Ruto speaks at a press conference in Nairobi</media:title>
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      <dc:creator><![CDATA[Portia Etornam Kornu]]></dc:creator>
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      <title>Gambia Roundup: Insults law invoked, Diaspora voting rejected again, Constitution reform falters</title>
      <link>https://www.globalsouthworld.com/article/gambia-roundup-insults-law-invoked-diaspora-voting-rejected-again-constitution-reform-falters</link>
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      <pubDate>Thu, 10 Jul 2025 13:55:16 Z</pubDate>
      <description><![CDATA[<p>Woman charged for insulting President</p>
<p>A Gambian woman, Mariama Naba Darboe, was arraigned this week at the Brusubi Magistrates’ Court for allegedly insulting President Adama Barrow in violation of the new Criminal Offences Act, 2025. Prosecutors claim Darboe referred to the President as a “motherfucker” on July 5 in Tanji, an act now criminalised under Section 107(2), which prohibits "parental insults" against senior public officials,  Foroyaa  reports. She pleaded not guilty when the charge was read in Mandinka. Prosecutor ASP O. Bobb requested that Darboe surrender her travel documents as part of bail conditions, but her lawyer, F. Conteh, objected. “The offence charged is a misdemeanor, not a felony,” she argued. Magistrate Jallow ruled in favour of bail at D50,000 (approximately $700)with two Gambian sureties and the deposit of all travel documents. </p>
<p>Rights group welcomes landmark ECOWAS ruling on FGM   </p>
<p>The Women in Liberation & Leadership (WILL) group has praised the ECOWAS Court of Justice ruling against Sierra Leone for failing to outlaw female genital mutilation (FGM). In a statement, WILL called the ruling “a monumental step forward in the fight against FGM” and “a resounding affirmation of the rights of women and girls across the region.” The court ruled Sierra Leone violated international human rights by failing to criminalise FGM, referencing obligations under the Maputo Protocol and African Charter. “This ruling could not have come at a more pivotal moment for The Gambia,” the group said, noting the country’s Supreme Court is currently hearing a constitutional challenge to its 2015 FGM ban,  the Standard  reports.</p>
<p>MPs block attempt to restore diaspora voting rights</p>
<p>Lawmakers on Tuesday again rejected Clause 14 of the Elections Bill, dashing hopes of reinstating diaspora voting. Lamin Ceesay (Kiang West) moved a motion to rescind the earlier decision, citing a Supreme Court ruling that confirmed voting rights for Gambians abroad. “This clause is cardinal in the evolution of our electoral system,” he said. “The Constitution guarantees the right of all Gambians to vote, regardless of where they live. We must act to give effect to that right,”  Foroyaa  quotes Ceesay. Despite citing constitutional sections including 39(1) and 100(2)(b), the motion was not carried, maintaining the status quo and sparking concern among diaspora rights advocates.</p>
<p>Justice Ministry received 619 prosecution files in five years</p>
<p>Attorney General Dawda A. Jallow told Parliament that his ministry received 619 criminal case files from 2021 to 2025. These included cases of murder, rape, fraud, and robbery. However, he cautioned that the data were manually compiled due to the absence of a digital case management system. “Due to the limited time given for the submission of this answer, I am not able to provide detailed information regarding the status of all these cases,” he said. Jallow stressed the urgent need for digital reform, “It remains a serious concern that the Attorney General cannot, in this digital age, generate such information instantly from his desk,”  Fatu Network  reports.</p>
<p>Parliament rejects draft constitution for second time</p>
<p>For the second time since 2020, Gambia’s lawmakers have voted down a draft constitution. The 2024 Promulgation Bill failed to achieve the three-quarters majority required to move forward, garnering just 35 votes in favor and 21 against. Justice Minister Dawda A. Jallow, who tabled the bill, expressed disappointment, “This is the second time the Assembly has rejected an opportunity to usher in a new republican era for The Gambia. Constitutional reform transcends partisan politics and speaks to the very soul of our nation.” The bill proposed key democratic reforms such as presidential term limits and a 50%+1 election win threshold. Its failure is viewed as a significant setback to post-Jammeh reforms,  Foroyaa  reports. </p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="photographer">Zohra Bensemra</media:credit>
        <media:credit role="provider">REUTERS</media:credit>
        <media:title>Gambia lawmakers back recommendations to maintain FGM ban in Banjul</media:title>
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      <dc:creator><![CDATA[Portia Etornam Kornu]]></dc:creator>
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      <title>Political parties in Mali warn of 'violation' of constitution: Video</title>
      <link>https://www.globalsouthworld.com/article/political-parties-in-mali-warn-of-violation-of-constitution-video</link>
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      <pubDate>Sat, 26 Apr 2025 21:37:09 Z</pubDate>
      <description><![CDATA[<p>Speaking at a press conference, Youssouf Diawara, president of one of the participating parties, emphasised that political groups are not the problem but "a solution" for the country’s ongoing political challenges under military rule, the AFP reports.</p>
<p>The political parties now warn that any disregard for the Constitution and the principles of political pluralism could have "irreversible consequences" for the nation. </p>
<p>Oumar Ibrahim Toure, president of the APR Party and spokesperson for the coalition of parties, stressed the risks associated with recent political developments. </p>
<p>"The drift towards amateurism is dangerous," he said, warning that violating the Constitution, the Transition Charter, and the Political Parties Charter would undermine the very foundations of Mali’s democratic progress.</p>
<p>Toure, rallying the assembled crowd, called for political vigilance and mobilisation. "Mali's political parties have therefore invited you to be ready on 26 April 2025. Comrades, are you ready? Are you ready? Are you ready?" he declared.</p>
<p>Tensions have been high in Mali since the military junta seized power following two coups in 2020 and 2021.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="photographer">STRINGER</media:credit>
        <media:credit role="provider">X80002</media:credit>
        <media:title>Mali junta calls for demonstrations to support decision to leave ECOWAS regional bloc</media:title>
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      <dc:creator><![CDATA[Portia Etornam Kornu]]></dc:creator>
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