Foroyaa Newspaper Burning Issues

Issue No. 42/2005, 30th May-1st June 2005



Editorial

THE BATTLE FOR THE POLITICS OF INTEGRITY

NADD VS APRC

Tens of thousands of people witnessed the launching of the National Alliance for Democracy and Development, NADD.

Despite the fact that there were many drummers the hunger of the people for a message compelled them to ignore all the cultural performances. There was perfect silence to enable each word from the speakers to fall in each ear. There was very little applause to interrupt speakers. They protested vigorously if they failed to hear a speaker. It was clear that the masses were in control of their destiny. Integrity was given to politics as each speaker struggled to give his or most inspiring speech.

Everybody concluded that from henceforth the merits of political figures are going to be determined by their words of wisdom and their capacity to demonstrate their sincerity and commitment to the national interest.

Now, FOROYAA is waiting to see how the APRC leadership will reciprocate. In the campaign trail in Njau, FOROYAA has gathered that the APRC leadership is condoning the harassment of the NADD candidate by family members to push her to withdraw. The NADD candidate is a woman. FOROYAA challenges the Vice President to conduct an inquiry into the behaviour of their party stalwarts in Njau Ward and tell the nation what is happening to Channeh Ceesay. If she is not seen in the campaign trail by Wednesday then the Vice President herself should be seen as an accomplice of the oppression of women and their suppression in playing an active part in politics. The era has come for the politics of integrity. Those who rely on force and suppression cannot succeed. Soon all their skims will be thrown into the dustbin of Gambian history.



NADD IS LAUNCHED

Tens of thousands of people witnessed the launching of the National Alliance for Democracy and Development (NADD) on Sunday evening 29th May 2005, at the Buffer Zone. Opposition leaders from the following parties, namely NDAM, NRP, PDOIS, PPP and UDP attended the ceremony.

The meeting was addressed by the chairperson, Mr Assan Musa Camara and the Coordinator of NADD, Halifa Sallah. In his opening address to the gathering, the Chairperson, a veteran politician, informed the gathering that the last 10 months have witnessed a turning point in the history of Gambian politics. Mr. Camara told the crowd that the period has been marked by heated debates, but finally the leadership of the five parties were able to put aside their political differences and agreed on a common platform in the interest of the nation. He went on to say that the day’s gathering was about the common platform of NADD. Mr. Camara finally informed the huge crowd that the executive of NADD consists of people who have the interest of the Gambian people at heart. He stated that he has seen in NADD people who will never sacrifice the interest of the nation. he noted that he can now retire from politics and live as an elderly statesman.

The second speaker was the Coordinator of the Alliance, Halifa Sallah who told the gathering that when a human beings lack knowledge he or she is denied his or her rightful place in the society. He pointed out that citizenship is about having an authority to say who should run the affairs of their country, noting that this is why there are elections to enable people to take stock of their representatives on how they run the affairs of their country every five years. Halifa went on to give examples like the annual budget of 2005 as over 3 billion dalasis and over 1.4 billion dalasis is going to debt servicing.

While acknowledging that the nation has witnessed infrastructural developments like schools, hospitals, airport terminal building and roads, Halifa observed that all such infrastructural developments are from loans. He emphasized that they are not from savings made from the national budget, noting that this is why the total debt of the country stands at 22 billion dalasis. He opined that this is why the government has not been able to give the citizens their basic needs in the form of services, which has led to immense suffering of the Gambian people. He indicated that a country cannot be said to be developing if the poverty and hardship of the people are increasing.  He said that jobs are not being created by government and the private sector and that the youths have no future under the APRC regime as over 200,000 of them face unemployment once they finish school in few years to come.  He said that coupled with economic hardship is the dilemma of the year imposed by a government
 which is alienating all sectors of society.  He said that NADD is a strategic Alliance; that each opposition party aims to remove the APRC and run its own government but that this is not possible if they are divided.  He emphasized that the opposition can share among themselves 2020 of the votes and still lose to Jammeh because of their division.  He indicated that Jammeh removed the second round of voting to benefit from the division among the opposition.  He explained that the opposition parties decided to form a strategic alliance whose objective is to rectify the ills of the regime and create a level ground for multiparty electoral contest in the future.  he said the NADD Presidential Candidate will sit for one term and will not stand or support a candidate in the next falling election.  He said it took time to transform intentions into strategies and convert objectives into acceptable memorandum of understanding.  He said that now that everything is in place people can now take
 ownership of NADD by each conveying the message he/she heard to ten people. In concluding, Halifa opined that that NADD has arisen in order to put an end to the continued intimidation and harassment of the citizens.



In his speech, the leader of NDAM, Lamin Waa Juwara, stated that the people of this country must fight for justice and peace. He said Gambians must be prepared to free themselves from the problems confronting the country in the forthcoming elections.  Failure to do he said, would mean that the citizens of this country will continue to be in bondage.



For his part, Hamat Bah, the leader of the National Reconciliation Party posited that the five opposition parties have come together in order to remove President Jammeh from power. He said NADD is not out to victimise anybody. He said NADD will be a responsible government if it takes power. He also said NADD will not humiliate people if it takes power, noting that the latter will respect fundamental rights and freedom. He said the security forces have nothing to fear. He urged the security personnel to abide by the laws of the land. He said the security forces, mainly the police, the NIA and the army are here to stay. He said a NADD government will not reduce the security forces to thugs, rather they will be given the respect they deserve.



In his speech, Sidia Jatta of the PDOIS posited that if the opposition wants to remove President Jammeh from power, it must do it using strategies. He said that if the opposition wants to change the political status quo of the country, it must exercise patience. He noted that political speeches must unite people. He added that knowledge is the weapon that will remove the APRC government from power. He said the opposition is resolved to change this country and therefore everybody must be a transmitter of information. He further said it is a fundamental right for the people to join the party of their choice.



Omar Jallow, alias OJ of the PPP, said the various political parties have come together in order to unite this country. He said NADD is not a sectionalist front. He noted that NADD represents the interest of the different ethnic groups in the country. He therefore urged people from the different language groupings to love each other. He said there will not be arbitrary sackings of civil servants in a NADD government, whilst noting that all bad laws will be abrogated.



The leader of the United Democratic Party, Ousainou Darboe, said Gambians must be prepared to change this country. He said NADD will not promise Gambians things that they cannot do. He pointed out that NADD abhors violence. He said NADD advocates for a peaceful change of regime. He urged young people to desist from selling their voters’ cards, whilst urging Gambians to cast their votes for a government that will bring development.



EX-CHIEF JUNG KONTEH & CO IN COURT



By Pateh Baldeh

The former Chief of Kombo East, Alh. Jung Konteh and Saikou Morio Jarjue, appeared at the Brikama Magistrate Court on Wednesday 25th May 2005, presided over by his lordship Magistrate Bubacarr Jawo. The duo have been charged with felony, contrary to section 26 (2) of the CPC Cap 10 Vol. 2 Laws of The Gambia. The particulars of offence were read as follows: Alh. Jung Konteh and Saikou Morio Jarjue, between the years 2000 and 2005 at diverse places assisted Mr. Gibbi Bah to keep 455 heads of cattle they knew were stolen.

Lawyer Momodou Lamin Jobarteh appeared for both accused persons and he informed the court that section 26 defines what type of action the accused should be charged with. Lawyer Jobarteh cited section 25 and section 23 of the Criminal Code saying that the charges are bad and applied to the court to throw out the case.

In his objection to the application, the prosecutor, ASP Tijan Badjie told the court that the counsel for the accused persons missed the point by saying that sections 25 and 23 have nothing to do with the particulars of offence.  ASP Badjie submitted that the application made by the defence counsel should not be given weight. Continuing his submission, Badji told the court that it is left to the accused persons to declare the innocence of guilt to the court so that they can continue.

However, both the first and second accused person pleaded not guilty to the charges against them. The presiding magistrate admitted that section 26 is a definition but the defence relies on section 26 (2) for charges to be made against the accused persons.

At this point, the police prosecutor applied for an adjournment and for the accused persons to be remanded in custody as investigation is still going on regarding the high number of cattle as indicated in the charges, saying that they still needed more time to complete their investigations;.  He argued that if the accused persons are released on bail they will tamper with the investigations for both accused persons are powerful in their communities.

At this point, the learned defence counsel objected, saying that no person is more powerful than the law. Lawyer Jobarteh submitted that his clients should be granted bail since they have spent 8 days in custody which is beyond 72 hours.

However, the presiding magistrate adjourned the case to the 1st June 2005 and ordered the accused persons to be remanded in custody.



FORMER ADC GRANTED BAIL



By Pateh Baldeh

The trial of the former ADC to President Jammeh, Lieutenant Musa Jammeh and Staff Sergeant Seedy Baldeh continued at the Brikama Magistrates Court on Thursday, 26th May. The case was presided over by Magistrate Bubacar Jawo.

When the case was called, the police prosecutor, ASP Tijan Badji, stood to inform the court that the case file involving the two accused persons has been sent back to the police headquarters for proper investigation. He therefore applied to the court for an adjournment.

The counsel for the accused persons told the court that his clients had been in detention for almost nine months now and the high court had granted them bail a week before. He also applied for the case to be struck out.

At this point, the presiding magistrate adjourned the case till the 9th June, He however warned the litigants that they could not be coming to court just to be adjourning their case. He told the prosecutor to be prepared before coming to court, noting that he should come with the file at the next proceeding or risk the case being struck out.



The Death of a Mauritanian



By Surakata Danso

According to unconfirmed reports, one Sidi Mahmud, a Mauritanian national, aged 65, died on Friday the 29th of April 2005 after a brief detention at the Wellingara Police Station according to his landlord, Kebba Gaye, who is a civil servant working at the State House. Mr. Gaye said that his father informed him of the arrest of the old man on Thursday, the 6th of May 2005 in the evening. Mr. Gaye indicated that they went to the Serrekunda Police Station and the PIU headquarters in Kanifing but cold not be able to trace him. Mr. Gaye said that they were later informed at the Serrekunda Station that Sidi was taken by a PIU officer to the Wellingara Police Station. He further explained that on their arrival at Wellingara Station they found one Couple Jatta on duty who confirmed to them that Sidi was there and that he was brought to the station by an officer of the PIU, who claimed that his brother, a teenager, stole 2 mobile phones and sold them for D4, 800. He said the PIU officer
 reported that the teenager had indicated to them that he gave the money to Sidi to keep Sidi is said to have denied ever knowing the boy, not to talk of  keeping any such money for him. Mr. Gaye said that he then made an undertaking at the police station for the old man to be released and would make sure that he reports back the following morning due to his old age. He said on their arrival at his shop, Sidi started to vomit which continued in the night; that in the early hours of Friday. He was rushed to the MRC where he died of respiratory difficulties in the early hours of Saturday morning. The deceased, Sidi Mahmud was the old man selling at the shop at the junction of the new road to the Sandika and the Serrekunda Mosque road. When we went to the Wellingara Police Station on Sunday, the 8th of May, 2005 the officers referred us to the PRO.

When contacted the PRO of the Gambia Police Force, Mr. Aziz Bojang, indicated to FOROYAA Newspaper that the SO of Wellingara Station had denied that the deceased, Sidi, had been detained at his station; that the SO had agreed that the deceased was brought in by a PIU officer who claimed that his teenage brother stole his two mobile phones which he claimed to have sold and kept the proceeds with the deceased. The PRO further added that the SO added that when his officers enquired from the PIU officer, they felt that the story was not sensible and Sidi was released through the intervention of one Mr. Gaye.

When further put to the PRO that the shock received by the deceased could not have led to his stress and eventual death, the PRO said that unless there is a report that the deceased had been an old patient of a particular medical problem, he could not comment on that.  He said that all he knew was that the man had not been placed in any cell but behind the counter at the station which was normal.



At The National Assembly

DoSE UNDER THE MICROSCOPE OF THE NATIONAL ASSEMBLY

Part 14

FOROYAA has been publishing the report of the National Assembly Select Committee on Education and Training, submitted to the National Assembly for approval. We shall continue with the revelations on the University of The Gambia and also publish the commission’s general report on education. The report reveals that “an analysis of the picture, in respect of payment of fees, stipends and subventions, confirms that the levels paid by government annually, are always substantially below budgetary provisions. The total arrears on fees and stipends owed to the University in 2005 is D5, 944, 000 and in spite of reconciliations with DoSE, payment has still not been effected. The table below provides detailed information on the level of subvention paid and cost of the approved administrative budget, covering personnel cost and other charges. The level of subvention paid and cost of the approved administrative budget was tabled thus:





The report reveals that the non-payment of fees in respect of the B.Ed programme has compounded the financial problems of the University. The Department committed the University to the delivery of this programme but never honoured its financial obligations. As at 2003/2004 academic year, the report states that the Department owed the University D786, 000 in fee arrears, administrative expenses and honoraria for staff recruited to teach the required courses.

The report reveals that the absence of a campus, inadequate office accommodation and lecture rooms, have from the inception of the University been burning issues for students and lecturers. Many of the existing staff do not have accommodation and the University is consistently compelled to desperately search for lecture rooms from the tertiary institutions and YMCA, to ensure delivery of courses. In 2004, the sum of D132, 408 was spent on the hire of lecture halls (paid to YMCA, Alliance Franco-Gambienne and the Girl Guide Association). This report contains the core problems, constraints, challenges and limitations of the University. The University, the report says, entertains the view that some of the possible solutions to the problems highlighted include but are not limited to the following:

a)         The provision of a University campus in a serene environment with all basic but necessary facilities e.g. electricity, water supply, medical facilities, to name a few; these, the report says, will go a long way to address the problem of lecture space and ameliorate accommodation problems for students and staff; this scenario will provide a collegial atmosphere for positive interaction among students and the respective faculties

b)         Provision of substantial financial resources to attract highly qualified and experienced faculty staff of the University in general and the faculty of medicine in particular, with a view to addressing the high attrition rate of the University of The Gambia (UTG); thus the importance attached to the compensation package forwarded to government through DoSE by the UTG in 2003, requires an urgent response.

c)         The University should participate at the level of government in the preparation of the budget, rather than allocating a certain sum for the University.

d)         The University among other things requires certain services to be improved to match with incremental growth. These include:

1.         Transportation for staff

2.         Adequate office space

3.         Administrative staff

4.         A good library stocked with the relevant texts and references among other essential materials.

e)         Develop capacities of staff both in academia and administration to facilitate efficient and effective service delivery

f)          The University should establish a research and / or consultancy unit to enhance resource mobilisation.

The report ended in regard to the University, by indicating that “addressing these among other issues, will help ameliorate the incessant challenges facing the nascent and highest learning institution in The Gambia.



General Conclusions

In concluding, the report reveals that “Regions 5 and 6 lack adequate staff and that the situation is worst compared to other regions; that most senior position holders are in acting capacities with one or no substantive holder of a position; that these regions have the highest number of untrained teachers and the lowest number of female teachers in the country and that in some instances, untrained teachers outnumber the trained ones in most schools; that comparatively, schools in Region 1 and most of those in Region 2 are better off regarding teacher supply and the number of teachers. The report concludes that as a result, the schools are functioning more effectively than in other regions although there are a few gaps that need to be addressed. The conclusion of the report reveals that communication and mobility are inaccessible due to the remote locations of some schools, while accommodation is the biggest problem for teachers in some areas and that teaching and learning materials
 are inadequate like in other regions and that a number of schools are without libraries, resource centres and technical and skills subject facilities. It indicates that some subjects are not taught due to lack of facilities or trained staff or both.  The report states that although there is less overcrowding due to low enrolment rates, there is still need for more classrooms, furniture and toilets. The report also concludes that “Daras” do affect enrolments in some communities and that early marriage is a cause for concern for both regions particularly Region 6 and that boys are being withdrawn from schools to travel abroad while the enrolment of girls is still less than boys in the rural regions and that irregular or no social security contributions for ancillary staff is a concern in some schools. The report also concludes that teacher motivation and morale are low in the profession and that the conditions of many in the rural regions leaves much to be desired, for example the
 late and centralised payment of salaries, unconfirmed acting responsibilities that are neither recognised nor compensated for long periods.  It indicates that the Gambia College lacks adequate human and material resources required for it to be effective.  It states that the toilet facilities are in a deplorable state and that being the only college and teacher training institution in particular, much needs to be done to improve its whole set up because it is apparent from the findings above that there are a lot of gaps that require urgent action. The report also concludes that the University of The Gambia and GTTI are equally faced with dire financial constraints and that the arrears owed by government to the University should be settled without delay. Meanwhile, these institutions must begin to seriously explore other sustainable sources of revenue generation rather than relying heavily on government subventions.

See next issue for the recommendations.



REASON D’ETRE OF THE TRADE UNION MOVEMENT IN THE GAMBIA

BY PA MOMODOU K. B. FAAL SECRETARY-GENERAL, GAMBIA WORKERS’ CONFEDERATION

Social, Economic, Political and Cultural development of Workers and the people of The Gambia is the RAISON D’ETRE of the Trade Union Movement.



The remarkable role of the Labour Movement played in the struggle for Independence from the colonial Powers was a Testimony to its commitment to this cause.



The Gwc’s vision for The Gambia is a Society where, collectively, we create opportunities that enhance Individual Capabilities to enable Individuals to enjoy satisfying lives by contributing meaningfully to their own development and the development of the entire Society according to their abilities and capabilities, through cooperation but not through competition with one another.



From the foregoing, it is clear that, the Trade Union Movement is not only interested in development but also, the process of development.



Since that is the only means by which opportunities required for the fulfilment of the full potentials of individuals could be created, and since “The best of policies is wholly Dependent on the Social and Economic Development of the Individual”.



We, of the Labour Movement, do not accept the Neo - Liberal ideology of Un-bridled competition as a means of tapping Human Potentials. Instead, it is our strong conviction that, cooperation with one another is the ultimate instrument for tapping the individual Human Potentials towards the achievement of individual aspirations and social goals. Indeed cooperation and Solidarity are the bases of Trade Union existence and practice.



The Commitment of the Labour Movement to the development of the Human Person has been the basis for Gwc’s resistance to all development policies that seek to attain a high growth of Domestic Product Per - Capital as an end in itself, without regard to how that growth is achieved and who benefits from such growth.



The Trade Unions have always criticized the IMF/World Bank Sponsored Structural Adjustment Programme (SAP), because its underlying principle does not place emphasis on Human Beings (women, men, children and the aged) as both the object and Agents of development.



Instead, it emphasizes growth (no matter how the growth is achieved) under the illusion that economic growth will automatically translate into improved standard of living for all the people.



Our experience with Structural Adjustment Programme in The Gambia has shown that policies, which do no focus on the expansion of human capabilities and fulfilment of human potentials do not yield sustainable benefits if there are any benefits at all.



The fact that The Gambia is still grappling with high incidence of Poverty, Low adult Literacy, high Infant and Maternal Mortality, and Morbidity Rates, Inadequate Sanitation, Poor Nutrition and Low Life expectancy is a clear indication that the Structural Adjustment policies had misplaced properties and were not Human - Centred.



The Gambian economy still faces instability and high degree of Vulnerability as demonstrated by the rapid depreciation of the Dalasi in terms of Major World Currencies, high level of inflation and Interest Rates slow growth, High Budget and current account deficits and high and ever increasing external and domestic debt.



The end of the Crisis is not in sight, given the current trend of globalization with its underlying principle of a Free Market ideology which disadvantage developing countries in every sphere of International Economic Relations.



The onus, therefore, lies on CIVIL SOCIETY (including Trade Unions) to draw the attention of the Managers of the Economy to the Social and Economic woes that await the country should we continue to be pre - occupied with policies that only emphasize economic growth without any consideration what-so-ever, to the plight of the ordinary people under the false pretext and benefits of economic growth will, in the long-term trickle down to the large and increasing sections of the population who suffer abject poverty and social exclusion.



In furtherance of our pledge to seek the fulfilment of our aspirations and hopes and the achievement of our objectives through Democratic processes and within the framework of constitutional Government and concern for the welfare of the country as indicated in our constitution, the Trade Union Movement in The Gambia stands to pursue its Historical Role as a credible Civil Society Organisation.



The movement is determined to renew its commitment to the cause of the ordinary Gambian Workers, children, the poor, women and men, the aged and people with disability whose future otherwise is bleak.



We believe firmly that, The Gambia has enough resources for our needs but, not for our greed it is the responsibility of civil society, led by Trade Union Movement to ensure that every Gambian benefits from the resources.



GWC’s vision for the country and its citizens is contained in these Human Development Perspectives. These perspectives are intended to signal to Government and the entire Gambian Society our determination to ensure that Human development issues are integrated in all present and future Government policies for the utilization of the full potential of the Human and natural Resources in The Gambia.



We are now convinced that the expansion of Human capabilities combined with efficient allocation of Resources is the only way we can mitigate the social ills that have resulted from the Standard Adjustment Programme and Globalization.



We are by these perspectives, advocating policies, Programmes and Projects that facilitate the inclusion of all individuals in the development process, so as to help build a society where individuals lead high quality and fulfilled lives through hard work, dedication and loyalty to their country.



OVERALL STRATEGY FOR ACHIEVING HUMAN DEVELOPMENT



Gwc’s broad strategy for achieving long and health life for the people, high economic growth and high standard of living will be to campaign for the ratification of all relevant ILO) conventions particularly convention 82 on social policy and encourage the involvement of all Stake Holders in the planning, formulation, adoption, implementation, monitoring, evaluation and review of all policies be they economic, social or cultural.



As a demonstration of our willingness to contribute meaningfully to the National economic and political decision - making. We shall work towards the inclusion of the GWC in all structures for National decision - making and continue to Represent workers and the Civil Society in National Bodies, Institutions, Commissions, Boards and committees that will be formed in future and the existing ones such as:



·           National Tripartite Committee

·           National Advisory Committee on Labour Affairs

·           National Population Councils

·           National Vocational Training Institute

·           Public Utilities Regulatory Commission

·           Free Zones Board

·           National Health Endowment Fund

·           The Gambia Committee on Human and Peoples’ Rights.

·           In seeking full participation of the Civil Society, we shall cooperate with all Civil Society Organisation (including political parties) which share our vision, goals and aspiration for workers in particular and The Gambian society as a whole, notably.

·           Civil Servant’s Association

·           Judicial Services Association

·           Gambia Registered Nurses’ Association

·           University Teachers’ Association

·           Gambia Bar Association

·           National Union of Gambia Students

·           Gambia Farmers and Fishermen Councils.

·           Identifiable Gambia groups of NGO’s whose vision coincide with the Trade Union Movement.



It is our National duty, all of us to become increasingly familiar not just with these documents that formulate Government policy but also with the real state of affairs nationally and internationally which necessitate sustained measures of the kind we have embarked upon. We believe that we can feel proud that, and thanks to our efforts of economic recovery, we are with-standing the dramatic shock of the Gambia’s backbone economy (Groundnuts) for the past season with record low.



It is because of the demand for increased productivity that I must always return to the theme of the Human Factor in our National development. One of the tragedies of underdevelopment is that our very Humanity as a people has been damaged that initiative, creativity and the sense of Responsibility for our sustenance have been lacking in many of us, even those in Responsible positions. We will a ways insist that the greatest damage that can be done to a people is the breaking of their moral fibre, their very capacity to react and to transform an unacceptable environment. Our efforts to formulate relevant and correct policies will make no impact unless the contribution of the human element of the people translates these policies into life, into vital main-stream of our country’s existence.



It is only when we can tap to the full the rich potential that we know exists in this country that our economic recovery can be less painful.



INADEQUACIES AT THE PATENT AND TRADEMARK UNIT



By Annia Gaye & Emil Touray

The Registrar General’s Department of the Department of State for Justice has come under criticisms from Amie Bensouda, a senior member of the Gambia Bar Association who is of the view that the capacity of the Patent and Trademark Unit of the aforesaid Department is poor and is manned by one person of clerical standard operating from a single room.

The senior counsel made this averment whilst presenting a paper on the challenges and opportunities of intellectual property rights in The Gambia at a recent workshop held at the Kairaba Beach Hotel.

In her presentation, the senior counsel pointed out that the Trademark Act 1916 makes provision for the registration of trademarks and their protection. The colonial statute in her own words operates a system of classification of goods for the purpose of registration that is now outdated, having been replaced by an international classification agreed by all members of the world intellectual property organisation.

She said the Registrar General’s Department of the Department of State for Justice registers trademarks which are the only intellectual property right before the Copyright Act 2004. According to the counsel, the registration process is assigned to the Patent and Trademark Unit, but it does not register patents.

“Applications are made either by local businesses, or foreign companies through local attorneys. No certificates have been issued in the past 15 years because of the backlog of publications pending, to the great frustration of applicants and businesses. Applicants seeking infringement are compelled to bring their actions under the law of tort through passing of actions, a much more complicated process,” she remarked.

She cited a recent case involving Escapag and Batimat. According to her, the case for infringement in respect of the aforesaid matter failed because there was no publication by the Registrar General of the Escapag trademark. She went further to say that other ongoing cases that are adversely affected include a pending case between Societe de Produit Nestle, a multinational company and the Borex Jumbo distributor in The Gambia in respect of “Maggi Togu Jen” and “Jumbo Togu Jen”.

“Infringement complaints are quite common particularly in respect of ‘own brand’ goods introduced by local traders and manufactured for them mainly in Asia. Unfortunately, the stricter statutory protection afforded by even the 1916 Trademark Act is not available. The problems, which arise from the current situation, are self-evident,” she stated.

She said trademarks are regulated by 2 statutes. According to her, the Merchandise Mark’s Act 1888 is a penal Act that regulates the falsification and forgery marks and grants powers of seizure of goods in respect of which a falsified mark is applied, primarily, to the Director General of Customs. She said recent attempts to prefer charges in respect of the seizure of a container of Marlborough cigarettes under this Act, have not quite taken off.

For his part, John O. Kakonge, the UNDP Country Representative, said the importance of intellectual right is often undervalued or minimised due to the existence of other seemingly more pressing economic and political issues and events. He said failure to protect and enforce intellectual property rights such as trademarks can have a staggering economic impact. The UNDP Resident Representative underlined that the lack of protection or enforcement of these rights can lead not only to significant harm to the country and its economy through loss of jobs, government revenues from taxes and customs duties and loss of foreign investment.

He said the World International Property-right Organisation (WIPO) seeks to promote the effective protection and use of intellectual property by cooperating with member states to create an environment and infrastructure conducive to improve understanding of the contribution of intellectual property to economic, social and cultural development.





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