*Foroyaa Newspaper Burning Issue*

*Issue No.32/2006, 27-30 April, 2005*

*Editorial*

*A GOVERNMENT THAT UNDERMINES ITS IMAGE*

What does the government hope to gain by arresting and detaining journalists
and closing media houses?

It had closed the Citizen FM without a Court order and when the High Court
gave the green light that this media house can operate it was refused a
licence. Similarly Sud FM was closed without a court order and has since
remained closed.

 Now we have seen similar actions taken against the print media. Security
personnel occupied and sealed the premises of The Independent without a
court order and without any legal basis. They arrested its General Manager
and Editor-in-Chief and detained them for 3 weeks only to release them
without any formal charge. All questions asked were related to a
misdemeanor, which does not even warrant an arrest. After they were released
they turned back to arrest another employee of this media house – a
receptionist- who simply reported for work after the authorities had given
the green light. And what did they ask him: Why did you turn up for work?

What conclusion do they expect people to draw other than to say that this is
witch hunting? It is easy for the government to say that some media houses
are tarnishing its image and that of the country when it is its very actions
and conduct that are undermining its image at home and abroad.

It must learn to abide by the laws and procedures of the land and pursue all
matters in good faith. In this way it can win the respect and confidence of
people at home and abroad.



*Lawyer Denton Can Access A Lawyer*

A senior member of the Gambia Bar, Mrs. Mariam Denton, who is still under
detention following her arrest in the early hours of the morning on 6th April,
2006, was declared to have the right to access a legal counsel of her choice
by the high court. This ruling by the high court, presided by Justice
Monageng, a new high court judge from Botswana was made on Tuesday 26thApril.

The ruling was a consequence of an application for Lawyer Mariam Denton to
have access to a legal counsel of her choice. The application was strongly
contested by state counsels who objected to the application. They filed a
preliminary objection. They informed the court that Mrs. Denton is being
investigated for matters connected to the March 21 st foiled coup and
allowing her any interference will hamper the process of their
investigation.

They also questioned the competence of the court to hear the matter and the
applicant (a relative) to make the application.

The application for access was brought under section 5, 19 and 37 of the
constitution. Section 5 gives any person who alleges that the constitution
is violated the rights to seek redress in an appropriate court. Section 19
protects the right of every person to liberty and security. It states in
subsection (2) *"Any person who arrested or detained shall be informed as
soon as is reasonably practicable and in any case within three hours, in a
language that he or she understands, of the reasons for his or her arrest or
detention and of his or her right to consult a legal Practitioner." *

Section 37 gives the high court jurisdiction to hear applications relating
to the contraventions of sections 18 to 33 and 36 (5) of the constitution.

Mr. Ousainou Darboe represented the applicant while Mr. Fagbenle represented
the state.

In delivering the judgment, Justice Monageng dismissed the preliminary
objection of the state, noting that the high court is the only place where
the case can be heard. She pointed out that the right of Mrs. Denton as
stipulated in Section 19 has indeed been violated. She also pointed out that
Mrs. Denton's right to fair trial had been violated contrary to the African
Charter on Human and People's Right to which the Gambia is a signatory. She
emphasised that the right to fair trial starts from arrest and detention.
She finally awarded the request of the applicants of right to access of
legal counsel for Mrs. Mariam Denton.



*23 Inmates Allegedly Die At Mile 2 Prisons*

*By Fabakary B. Ceesay*
A Senior Magistrate once cautioned the prison Authorities about the health
conditions of inmates.   The Magistrate cautioned the prison authorities
when a sick inmate was brought to his court and the inmate vomited during
the court sitting. The inmate complained of eating bad food in jail, which
led to his sickness. Reports received by Foroyaa indicate that twenty three
inmates were said to have died at the Mile Two Prison. The alleged deaths
occurred between 6th January and 11th April 2006 due purportedly to the
consumption of bad food, which caused many inmates to be taken to hospital
for treatment. To be precise, the authenticity and credibility of the
alleged deaths could not be confirmed by the state's concern authorities.
Foroyaa made several efforts to contact the prison Director, David Colley
but to no avail as he is always said to be out of his office. But the
Permanent Secretary at the Department of State for Interior Dodou Njie, said
he had never heard of such information and that he is not in a position to
confirm the allegations or even to talk about it "Please talk to the
Director of Prison," he told this reporter.



*CORPORAL EBRIMA CAMARA PASSES AWAY*

*By Yaya Dampha*

Corporal Ebrima Camara of The Gambia National Army is reported to have died
while in service. According to the public relations officer of the Gambia
Armed Force (GAF) Lt. Lamin Gano, Corporal Camara died when he negligently
fired his own weapon, which subsequently killed him. He said Camara's body
was handed to his family and was given a decent burial at his home town in
Passé in North Bank Division (NBD).

Corporal Camara's family members confirmed the death of their relative. The
family said they were informed of Ebrima's death and that his body was
handed over to them.  Remours have it that before his untimely death, Ebrima
Camara was arrested and detained but the GAF PRO dismissed such remours.

In another development, Foroyaa was informed that Corporal, Buba Mendy was
arrested by the Security forces three weeks ago. The GAF Spokesperson
however said he could not confirm Buba Mendy's arrest. He said he had
enquired about the matter, but he could not establish anything regarding the
allege arrest of Buba Mendy as at that date.  The Spokesperson said he did
not know which unit of the army corporal Mendy belongs to. Our reporter
further told him that Buba Mendy was enlisted in the army in 1990 and he was
recruited in intake number fourteen (14) Lt. Gano said he did not know
Mendy, but promised to find out more about him. See next issue for
developments on the issue.



The IndependentWon't Budge

*"No amount of arrest and detention would make The Independent yield to
pressure to change their editorial policy". This was the message of the
General Manager and Editor-in Chief.*

After serving nearly a month under detention, the Managing Director of The
Independent Newspaper, Mr. Madi Ceesay and the Editor-in-Chief, Mr. Musa
Saidykhan, were finally released on the 20th day of May, 2006 Foroyaa had an
interview with the two journalists regarding the reason for and conditions
of their detention. According to Mr. Madi Ceesay, when he was arrested, he
was first taken to Banjul Police Station, where he was put in a cell for
three days. He said that after he was called by one ASP Sanyang who was
assisted by other officers and was told that this arrest was in connection
to a story published in the Independent Newspaper, concerning the alledged
arrest of the Former Secretary of State for The Interior, Mr. Samba Bah. Mr.
Ceesay said that he was told that the Caption of the story was: "23 Coup
Plotters Arrested," which also included Mr. Bah's picture, at a time when
he, Mr. Samba Bah, indicated that he was not arrested. He stated that
according to these officers, they at The Independent were writing false
stories. When asked whether he was tortured while under detention, he
replied in the negative but further indicated that his freedom of movement
was seriously violated, by being restricted and that even his family members
were traumatized became of the fact that in the first week of their arrest
and detention they had no access to him. He said it was not until the second
week when they started having him. He said they remained in that condition
until on Thursdays, 20 th of April, 2006 between 1:00 pm and 2:00 pm when
they were taken to a panel of security officers among who were the Chief of
Defence Staff, Lang Tombong Tamba, IGP Sonko and Harry Sambou, the NIA
Director. He said that that these people told them that the media and the
Government were partners in Development; but that despite this, they will
not compromise the security of the State. He said they further told them
that they will be released on bail and will be able to go home and continue
doing their job; that after granting them bail, they were told to report on
Friday, 21st April 2006; that when they reported on the 21st, they were told
that their bail was extended to Monday, 24th April 2006. However, Mr. Ceesay
strongly defended his position as a journalist that no amount of arrest and
detention can stop him from doing his job objectively and that he will
continue to manage the affairs of The Independent Newspaper without fear or
favour. He pointed out that the paper will surely hit the market these days.
According to the Editor-in-Chief, of the paper, when he was arrested, he was
not told anything until the 31st of March 2006, when he was called for
briefing, by the security officers on the situation of the country. He
stated that he was told that the media and the Government should work
together; that they have no bad feelings against the media. He said he was
later released on bail but that no charges were brought against him or Mr.
Madi Ceesay. He said while he was under detention, his freedom of movement
was seriously restricted, which was a violation of his fundamental human
rights. He therefore said that freedom is important for a human being and
that no amount of wealth can buy it. He therefore emphasised that arrests
and detentions are part of journalism, and further indicated that nothing
can change or deviate their attention from the ethics of journalism. He said
that they will continue to render their small service to the Nation without
fear or favour, affection or ill will, by the Grace of the Almighty.

Meanwhile, Mr. Juldeh Sowe a staff of The Independent was arrested when he
reported for work on Tuesday morning. Reports have it that he was questioned
why he reported for work. He was released on bail on the same day.



*At The National Assembly*
*Halifa Sallah *

*On Trade***

Hon. Speaker, if we look at the issue of Trade, the President indicated that
with the training and the incorporation of the common external tariff
programme, The Gambia would, like many Ecowas countries, benefit from a
wider market of 250 million people. And with that wider market, it would be
able to benefit in terms of development and in terms of employment. But the
reality is that, Hon. Speaker; Gambia is depending entirely on the re-export
trade for its survival. And if the border tariff barriers disappeared, it
means that the re-export trade would also disappear. Hon. Speaker, what
statistics have revealed from the Secretary of State for Finance and
Economic Affair's budget is that, out of D3.6 billion of export earnings,
D2.9 billion comes from the re-export trade. So the re-export trade Hon.
Speaker, is the cornerstone of the country's export earnings which means
that it is not what we export that earned us revenue, but what we import and
re-export. Hon. Speaker from the same trade, we have seen that out of a
total export of D3.6 billion, we are importing D6.3 billion worth of goods
leaving the country with a total trade deficit of D2.7 billion. So clearly
Hon. Speaker, our economy is not performing. This type of economy is relying
on what it is getting from other economics for its survival. So we must not
have in mind that by merely eradicating the tariff borders, we are going to
benefit economically. Unless we invest on the productive sectors of the
economy, it is not going to be possible for our economy to survive under
such circumstances.

*On tourism***

Hon. Speaker, we have been told that the chartered flights have increased by
40%. So it means that earnings from Tourism is supposed to increase. From
the statistics of the Secretary of State, we are earning D2.2 billion from
the travel trade. But Hon. Speaker, we are told by the President that the
tourist industry employs about 10, 000 people. And these are figures ranging
from almost 10 years ago. We are talking about D2.2 billion being derived
from the travel trade. Then where has it been invested? We have been told
that foreign direct investment was about D1.5 million in 2004, but reduced
to D1.3 million in 2005 and most of this went to the tourist industry. So
where are we investing? Where is the private sector investing to generate
that wealth? We are talking about $64 million investment through The Gambia
Investment Promotion and Free Zones Agency (GIPFZA) initiative, generating
the possibility of 2, 000 jobs. 2000 jobs! We are talking about 185, 227
pupils in our Lower Basic schools, 66, 025 in our Upper Basic schools, 27,
160 in our Senior Secondary Schools. In ten years they would all be out in
the streets and we are talking about creating 2, 000 jobs. Hon. Speaker, I
tend to agree with what the President said last year, which has not been
repeated this year. Hon. Speaker, the President indicated in page 2 of his
address last year that: "Gambians have still not recovered the purchasing
power which they lost during the last two years. There is still a long way
to go and we therefore need time, and more importantly hard work, and
perseverance." This is what the President said last year, but Hon. Speaker,
we need more than time. We are racing against time. We need emergency
measures to address the current economic problems. During the President's
address, he indicated that Gambians are not learning skills to take charge
of their country. What is the committee on Education doing? Have they gone
to The Gambia Technical Training Institute, GTTI or the former Vocational
Training Centre at half-die? Have they actually documented the number of
Gambians who have gone through those institutions? As National Assembly
Members, how many young people come to us and say that they want to go to
the GTTI but cannot not afford the funds and are looking for help or
sponsors so that they can go and get training. Do Gambians hate manual work?
It is a travesty of truth to allege that young Gambians are struggling to
have those skills. Thousands of them are trained, but unemployed and without
means to acquire equipment to apply their skills. And if anybody doubts
that, just approach me and I would give you thousands of Gambians who are
ready to do any form of work that we have in this country.





*THE POWER TO DISSOLVE PARLIAMENT VESTED WITH THE PRESIDENT*

In tabling the bill seeking for the amendment of section 96 of the
constitution, SOS Sheikh Tijan Hydara told Deputies that in meeting the task
of improving the quality of life of individuals in our communities as well
as the quality of life of the nation, we must constantly respond to the
challenges of the time, so as to be more relevant, more capable and better
placed. SOS Hydara told Deputies that ours is a democracy influenced by our
communal peculiarities as well. He pointed out that as the days pass by, we
need to change our laws to enable us to be more responsive, more pragmatic
and dignified. He argued that we have in the constitution of The Gambia, the
process of electing public officials especially the office of the President,
members of the National Assembly, and members of Councils. SOS Hydara
further indicated that section 96 of the constitution avails them the
opportunity to seek for an amendment to fill the yearning gap to be used, in
the public interest. He said the amendment to fill the yearning gap is in
other countries found in their constitutions, which are vested in their
Prime Ministers. He noted that since there is no Prime Minister in The
Gambia, it is appropriate to vest this power in the President of the
Republic. SOS Hydara indicated that the proposed amendment is that
"Notwithstanding sub-section (1) of section 96, the President may in the
public interest declare by order, published in the Gazette that a general
election of all the members of the National Assembly, shall be held on such
a date as he/she shall determine. "SOS Hydara indicated that the provision
which will be introduced as amendment to this bill and circulated to all the
members of the National Assembly, is to be effected thus: "Provided that the
President shall not exercise his/her power under this sub-section, if the
time for a general election of all the members of the National Assembly
under subsection 1, is less than 18 months." SOS Hydara indicated that this
amendment seeks to empower the electorate to have control over their elected
representatives, especially if they are not representing their interest. He
told Deputies that they should not be afraid of elections by rejecting this
amendment. He called Deputies to make individual and collective sacrifice in
the national interest.

In seconding the motion, the majority leader and member for Upper Fulladu
West, Hon. Churchill Falai Baldeh, indicated that he has no problem with the
amendment of section 96 of the constitution. "This is so," he said, "because
I have no doubt in my mind that the President would not exercise this power
if it is not in the interest of the nation. I therefore call on Members of
the National Assembly to unanimously enact the bill."

On his part, the National Assembly Member for Sandu, Abdoulie Kanaji Jawla,
indicated that section 96 of the constitution states that "There shall be a
general election of all the members of the National Assembly which shall be
held three months after the date of election to the office of the
President." Hon. Jawla indicated that his concern is that with this new
amendment, if the President calls for a general election 3 months before the
end of the life of Parliament, would the National Assembly Members be
entitled to their benefits? SOS Hydara told him that National Assembly
Members would be paid their benefits for the number of years they served.

On his part, the member for Serrekunda East, Hon. Fabakary Tombong Jatta,
indicated that in regard to section 96, there is no deletion to be made but
to insert: "The power to dissolve Parliament by the President." He pointed
out that to dissolve Parliament and go back to the people for election is
not a problem, but that the tenure of Parliament cannot be prolonged; that
this is found in other constitutions and we are members of the Commonwealth.


On his part, the member for Sami, Hon. Edrisa Samba Sallah, pointed out in
regard to section 96 of the constitution that the IEC has the power to
dissolve Parliament and fix elections dates and that that power should be
left with the Independent Electoral Commission.

On his part, the member for Jarra West, Hon. Kemeseng Jammeh, indicated in
regard to section 96, that it should be left as it is. He pointed out that
this particular section should not be amended to give power to the President
to dissolve Parliament as he wishes. He pointed out that contrary to what
the Secretary of State for Justice has said that this amendment is going to
empower the electorate, section 92 of the constitution has given power to
the electorate to recall their representatives since they are the ones who
elected them. Hon. Jammeh called on his colleagues to be more emphatic,
critical and objective in their consideration of this amendment. "I strongly
believe that this section should left as it is," he concluded.


A POLITICAL/CULTURAL SHOW

*NADD MILITANTS' FORUM ON STAGE*
*By Ousman Sillah*

Militants, supporters and Executive Committee Members of the NADD party as
well as the neighbours within the vicinity of the NADD office at Churchill
Town, were on Monday 24 th April 2006 treated with a novel cultural show
organised by the NADD Militants' Forum.  This cultural show was both
entertaining and enlightening, as it combined the presentation of
politically educative songs and drama pieces, as well as speeches from the
Executive Committee members who attended the occasion, including the NADD
flag bearer, Hon. Halifa Sallah.

The objectives of this cultural show, as set out by the organisers, the NADD
Militants' Forum, are to create an opportunity for an interaction between
the leadership and militants; create a forum to enable the militants to
demonstrate their skills and talents to educate and sensitize through
entertaining songs and drama; to convey to the public politically empowering
messages through songs and drama; create a forum to enable the NADD
Executive Committee members and the flag bearer to address the people on
issues relating to the NADD party, the present political, economic and
social state of the Gambia and their rights and responsibilities as the
citizens/owners of a sovereign country and also to raise funds to supplement
the resources to be utilized in the already on going political education and
mobilization work by the Militants' Forum covering the whole country.

Amidst a well attended show, the audience was addressed, in between songs
and drama pieces, first by the newly elected Chairman of NADD, Alh. Landing
Jallow Sonko who urged the visibly cheerful attendees and the Gambian
population, at large, to embrace the NADD party.  Chairman L.J. Sonko said
that "NADD is a party that transcends ethnic, religious, sectional and
partisan considerations and is the only political alliance that can salvage
the country from its present doldrums and unite and empower the Gambian
people to own their country."   Hon. Sidia Jatta, member for Wuli West
Constituency and an Executive Committee member of NADD expressed his
profound satisfaction of what he had seen being demonstrated by the
militants' forum.  "This is an indication that the young people have now
decided to assume their rightful roles by taking charge of their own destiny
in the process of nation building" said Hon. Jatta.  He said that it is very
inspiring to see the militants' forum, through the cultural group,
demonstrate to the people that they are capable of understanding the
fundamental political issues affecting the people and can equally transmit
effective messages to empower them to bring about positive change.  Another
member of the NADD Executive, Aunty Amie Sillah, also addressed the audience
on issues affecting women in the country and the political role that they
should play to bring about positive change that will eliminate the burden on
them. "Women should refuse to be reduced to playing the mere roles of
dancing, clapping and being appendages who prop up politicians to political
power only to be abandoned, misused, exploited and abused," said Aunty Amie.
She emphasized that "we are not rivals of men but their partners and
co-owners of a sovereign country that needs our collective input to develop
and to equally benefit us all."

For his part, the NADD flag bearer or Presidential candidate, Hon. Halifa
Sallah, delivered a moving speech against the background of a low pitched
musical song called "Gambiya Ding'ol Al kuni" and "Domi Gambiya Ewulen," in
Mandika and Wollof, respectively.  The speech was done in Mandinka and
Wollof by the flag bearer, and in which he outlined the raison d'etre of the
NADD party and its political, constitutional, economic and social
empowerment programme that it intends to implement if it is given the
mandate for a transitional stewardship.   Hon. Halifa Sallah reminded the
audience that if the person does not realize his/her worth or who he /she is
as a citizen of a sovereign republic, then that person cannot know what
he/she owns, and if you do not know what you own then somebody else will
appropriate to himself what is yours and owns it because of your ignorance.

"The country is owned by the people who only entrust political power and
economic resources (tax payers' monies) to trustees who are the politicians
seeking their (people's) mandate," he said.  He explained that NADD is a
party that is owned by the people and as such they should take charge by
making themselves educated and in turn educating others for empowerment. In
this way, he continued, if the people own NADD and then give NADD the
mandate to implement a transition programme of political empowerment and
economic development then the people will own the country and ensure that
their collective interest is served by the government and state under their
control.

There were three drama pieces.  The first play depicted two young men, each
of whom was trying to influence the other to his own area of interest.  One
was wholly interested in watching and discussing about European football
teams and their players and matches and the other was pre-occupied with
issues concerning how to transform his personal precarious realities of
being an unemployed youth vis a vis how the country is being runned
politically.  It shows how the latter was eventually able to convince the
former to accept and give political issues a priority.

The second play dealt with a mother and a son.   It showed a mother who is
supporting a political party on the basis that the leader of that party
comes from the same tribe with her or shares the same language grouping.  It
shows how children who are politically enlightened can with respect and
patience, educate their parents and eliminate the divisive and deceptive
politics based on ethnic/tribal, religious and other parochial sentiments.  The
boy had eventually dissuaded the mother who was getting ready to attend a
fanfare rally organised by these deceptive politicians and resolved to
support parties on the basis of sound programmes that eliminate their
suffering and the honesty, sincerity, knowledge and commitment of political
leaders.

The last play involved two young women, one of whom was dragging the other
friend to partake in a political rally where the former claimed that bulls
will be slaughtered, meat eaten, cool drinks served and even D50 or D100
notes be given to take home.  Through enlightening between them the other
young woman who assumed politics to be a mere affair of merry making was
later convinced to see politics as a matter that is not cheap but of life
and death.  She was initially supporting the party because "their leader was
young, handsome, and generous, a woman lover, a children lover, etc."  The
plays were in Mandinka and Wollof.

It was a successful event that has realized all its objectives.  The
militants' forum has plans to replicate this type of political education
activity throughout the country in order to empower the people in
preparation for the forth coming Presidential elections.


ABDOULIE KUJABI ADMITTED AT THE RVTH

The former Director of the National Intelligence Agency, Mr. Abdoulie
Kujabi, who was arrested since March 22nd in connection to the March
21stabortive coup plot, is admitted in the Royal Victoria Teaching
Hospital in
Banjul.

Mr. Kujabi was taken to the hospital several weeks ago and has since then
been admitted.  It is not clear what he was diagnosed with.

Reports have it that his condition is improving. In a separate development,
Captain Bunja Darboe, former Public Relations Officer of the Gambia National
Army, was on Friday taken to the RVTH under heavy armed escort. He was also
taken for X-ray examination.

Looking at him from a fairly close distance, one can easily suggest that the
former army PRO's two hands have been broken.  When the X-rays were
conducted, Bunja was taken back to Mile 2 Central Prisons, where he is
detained for his alleged involvement in the March 21st abortive coup plot.

In another development Mr. Kemo Balajo, former Internal Operations Commander
who was released last week, was rearrested by the security forces.  He was
detained for allegedly taking part in the March 21st alleged abortive coup
plot.


EU CONDEMN ALLEGED COUP, BUT

The European Union has expressed concern over the continuous detention of
the alleged coup plotters without bringing them to court. Below is the press
release issued by the European Union.

 The European Union (EU) strongly condemns the attempted coup to remove the
government of The Gambia on 21 March. We reject any effort to overthrow a
democratically elected government. We welcome the fact that the Gambian
people responded with calm and restraint.

Whilst acknowledging the prerogative of the Gambian authorities fully to
investigate the events surrounding the coup, we are concerned that some of
those detained have been held without charge beyond the 72-hour limit
required under Gambian Law. The EU urges the Gambian authorities to adhere
to correct procedures and to respect the human rights of those detained, to
disclose their place of detention and to ensure their safety and well-being
as well as access to legal counsel.

The EU notes with concern that the Independent Newspaper was forced to close
following the arrest of the Managing Director and Editor. We urge the
Gambian authorities to clarify the reasons for this action and we remind
them that respect for a free press, as part of the right to freedom of
expression, is integral to ensuring that citizens can exercise their full
democratic rights.


FOUR MEN ADMITTED WITH GUN SHOT WOUNDS *By Yaya Dampha*

Four men with gun shot wounds are presently admitted at the intensive care
unit of the Royal Victoria Teaching Hospital in Banjul.  The men were
brought in from the Sulayman Junkung Jammeh hospital in Bwiam.  The men were
shot in their hands, hips and shoulders.

They were brought by the medical staff from Bwiam hospital. The escorts
reported their case as a car accident.  The RVTH staff called the police
traffic unit in Banjul, who came and found that the men were suffering from
gun shot wounds.  When the traffic police realized this, they returned to
their base, without taking any report from the men.  The four men are
receiving treatment for gun shot wounds.

An attempt to talk to the police spokes person was not possible.



*NOMINATION DAY IN KOMBO EAST*

Nominations of Candidates for the by-election for the vacant seat of Kombo
East were scheduled to take place yesterday. In fact at the time of going to
press, the NADD Candidate, Momodou Lamin Touray had submitted his nomination
papers and the APRC Candidate was about to submit his. The UDP/NRP alliance
Candidate, Lamin Darboe was to submit his nomination papers.

The election is scheduled for 13th May 2006.

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