National Assembly Passes Controversial Bill, Wuli And Upper Saloum Members
Walk Out
The Independent (Banjul)
April 20, 2001
Posted to the web April 20, 2001
PK Jarju and Pa Modou Faal
Banjul, the Gambia
The National Assembly on Wednesday passed the controversial bill to amend
the Indemnity Act, with a few amendments, prompting Sidia Jatta and Hamat
Bah, members for Wuli and Upper Saloum respectively to walk out in protest.
The debate for the bill, which began on Monday generated a lot of
controversy as many of those who spoke criticised the decision to bring such
a bill to the National assembly which they said was clearly meant to
indemnify those security forces who shot the students during the April 10
student riots.
Out of the 32 members who were present during the voting, 21 voted for the
bill, four voted against and 5 abstained while Sidia Jatta and Hamat Bah
walked out. Those who voted for the bill were the Majority Leader Tamsir
Jallow, member for Kombo East Kebba Touray, member for Banjul South David
Jones, member for Kombo Central Abdou Badji, member for Kombo South Paul
Mendy, member for Foni Kansala Fansu Sanneh, member for Foni Bondali Kawsu
Gibba, member for Lower Niumi Jain Colley Faye, member for Jokadu Amadou
Khan, member for Lower Baddibu Abdoulie Suku Singhateh, member for Sabah
Sanjal Kebba Lang Camara, member for Lower Saloum Fafa Touray, member for
Serekunda East Fabakary Tombong Jatta, member for Jarra Central Foday Lang
Sarr, member for Lower Fulladu West Saihou Foday Njie, member for
Janjanburay Daddy Dampha, member for Jimara Kanimang Sanneh, member for
Sandu Abdoulie Kanaji Jawla, member for Kiang East Mahawa Cham, member for
Basse Selu Bah and the independent member for Kantora Hassan Jallow.
Those who abstained were the member for Upper Niumi Ousman Jallow, member
for Nianija Dawda Bah, member for Banjul North Sheikh Omar Njie, member for
Sami Edrissa Samba Sallah and the Deputy Speaker Cecilia Cole.
The four who voted against the bill were all UDP members, and they were the
Minority Leader and member for Jarra West Kemesseng Jammeh, member for Bakau
Dembo Bojang, member for Jarra East Seedy Amang Kanyi and member for Central
Baddibu Lamin Dibba.
The rest of the members were absent from the sitting.
In his contributions during the debate, Mr. Jatta stressed that there cannot
be any form of reconciliation in the country without the prevalence of
justice and admittance of the truth over the tragic events of April 10th and
11th student disturbances. He stated that such a bill was a fetter to
reconciliation and which he said was also trying to abrogate the powers and
authority of the fundamental laws that were already enacted by the National
Assembly. He added that the bill was also meant to attack the republic as
well as assassinate the freedom and rights of the Gambian people.
Mr. Jatta further added that the 1997 constitution has stated that the
National Assembly has no powers or authority to pass such a bill as the
Indemnity Act was aimed at stopping matters that are already in court yet
the bill was passed to them to indemnify officers who have violated the
fundamental rights of the Gambia people by putting up a legal fence to cover
it. "We cannot precisely do that, for we have sworn to defend the
constitution without fear or favour and I am prepared to defend it even to
the point of losing my life," he stressed.
In his deliberations the National Assembly member for Upper Saloum Hamat Bah
stated that the bill was tabled before them "inorder to protect people who
have deliberately butchered our school children".
He added that if the National Assembly members should pass the bill, which
he said was "bent on protecting those murderers, then it would be the
saddest day in the annals of the history of this country".
Mr. Bah further stated that although the bill sought to foster a conducive
environment for peace and continued development and stability in the entire
country "yet it violated the constitution, which we all rely as the supreme
law". He added that the bill should be rejected and sent back to the
executive which should look at other methods of putting an end to the
matter, "no reconciliation can be made with the late students' parents if
justice is not done" which he said government was trying to impeach. Ahmed
kebbeh a nominated member called on his colleagues to carefully consider the
bill inorder not to give excessive powers to the security forces to kill
innocent people and get away with it. The Deputy Speaker Cecilia Cole stated
that if the bill was passed it will refresh the memory of the deceased
families most of whom she said have already forgotten the tragic incident of
April 10th and 11th. She added that reconciliation has to be made with those
people before something else was done. Foday Lang Sarr member for Jarra
Central said all criticisms made against the bill by the opposition members
was very unfair, which he said was trying to foster national reconciliation.
He added that he together with all the people of Jarra Central were
interested in the bill and therefore called on his colleagues to vote in
favour of it. The Majority Leader Tamsir Jallow called on government to set
up a truth and reconciliation commission inorder to put an end to the
acrimony connected with the April 10th and 11th incident.
Mr. Jallow further added that the bill should not be regarded as a cover up
for the role played by the security forces during the April 10 and 11
incident. He added that if it were passed, the Security forces would adopt
new mechanisms in protecting the lives of every individual in the country.
Mr. Jallow went on to accuse the media, particularly Radio One FM for being
used for opposition propaganda. He referred particularly to the Sunday
newshour programme, which he said was always one-sided. He said the
Indemnity Bill was discussed on the programme before it was even discussed
at the National Assembly, which he described as sabotage. He also accused
the media for unbalance reporting of events.
The member for Jarra East Seedy Amang Kanyi in his contribution urged human
rights organizations to take the matter to the International Court of
Justice inorder to make sure that the security officers "who committed
crimes against humanity" were prosecuted.
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