*Foroyaa Newspaper Burning Issue*

*Issue No. 17/2005, 6-8 March, 2006*

*Editorial*

*RADIO GAMBIA BEGINS TO IMPLEMENT THE MOU OF THE POLITICAL PARTIES*

Radio Gambia has given the nation a surprise when Malick Jones started to
interview members of the opposition and ruling party on contemporary issues
in his Saturday programme. This is in line with the spirit of the MOU signed
by political parties.

Political leaders should be called upon to explain their positions on issues
pertaining to them. A broad base inclusive approach should be taken to
ensure that people can compare divergent views. This is the way to promote
freedom of debate and democracy.

The leader of the United Democratic Party and the flag bearer of NADD and
minority leader of the National Assembly have already been interviewed. Next
week is the turn of the APRC. Its majority leader in the National Assembly
will present his views. If this continues the public media will begin to
adhere to section 207 which states categorically that *"The freedom and
independence of the press and other information media are hereby
guaranteed." *

According to section 208*, "all state owned newspapers, journals, radio and
television shall afford fair opportunities and facilities for the
presentation of divergent views and dissenting opinions."*

The MOU signed by the political parties also indicates that political
parties *"will:*

*I.** respect the right of all other parties to campaign freely and to
disseminate their political ideas and principles without fear;*

*II. respect freedom of speech, of the press, of assembly and of peaceful
demonstration; pursuant to a permit being obtained;*

*III. refrain from disrupting or frustrating the legitimate activities of
other political parties, including the holding of Political rallies,
meetings…"*

The private media like the *Daily Observer* should also emulate Malick Jones
and allow people with divergent views to state their opinions without
censor. The caption "NADD In Disarray" in the *Daily Observer* to present
the report on the press conference of the flag bearer did not only go
against the context of the article but has also violated the spirit of fair
reporting of divergent views. All information media houses need to come up
with their own codes of conduct to ensure that the views of different
political parties are covered. If *Foroyaa* can report on meetings of
UDP/NRP, APRC and others the *Daily Observer*, the first daily in the
country, should not be transformed into the old party journals of one party
states where people are bombarded daily with praises of the "great leader".
That era has passed and we hope that as the members of the public media try
to put it behind them the public media has no excuse to falter.



*NADD'SFlag Bearer Introduced To The People*

Saturday 4th March marks the beginning of NADD's campaign for the
presidency. The meeting organised by the NADD activists is new in every
respect. It is the activists who conditioned the NADD Executive Committee
before they selected a flag bearer that they were going ahead with the
holding of an independent rally in Brikama on 4th March to enable the NADD
leaders either to present a flag bearer or explain to the public why they
could not agree to select one.

The leaders however appeared with a convoy of vehicles welcoming people who
stood by their gates to receive NADD emblems and express their enthusiasm.
Activists escorted the convoy to the meeting ground with tremendous
enthusiasm. People are beginning to compare the crowd with that of the
launching of NADD at the Buffer Zone or the meeting at Borehole during the
by-election in Serrekunda Central. Interestingly enough the crowd remained
up to the time the flag bearer finished his speech.

The people have welcomed NADD with enthusiasm. It is now left to the leaders
to march their enthusiasm with delivery of relevant and captivating messages
that dwell on national issues rather than personal and other parochial
issues. NADD is seeking to govern the people who waited anxiously to know
what the leaders had to say.

The non Executive members who spoke emphasized the need for change because
of the hardship and the need for the opposition to unite to effect change.
They emphasized that the ballot is the bullet of democracy through which
their opponents will be defeated.

The members of the Executive explained that NADD is a unique type of
alliance in the world. They argued that the alliance is not to help one
opposition party to capture political power in the name of the opposition
without any conditionality; that the objective is to create an instrument
for collective rectification of a system of governance and consolidate
genuine democracy; that such an enterprise demanded a type of flag bearer
who will be above party considerations, one who will abide by the dictates
of all member parties and who will govern the  nation not according to his
personal whims and caprices but in accordance with the collective will of
all the members of the NADD leadership, in particular, and the people, in
general. They explained the process of building NADD, the agreement to
create an umbrella party on the basis of equality and the making of
decisions on the basis of unanimity. They argued that no single party was
powerless in NADD. Each had veto power to stop any process; that NADD went
all the way to prepare the criteria for the selection of a flag bearer and
the drawing up of a list of potential candidates with the unanimous support
of the representatives of all five parties. They emphasized that NADD is a
collective achievement of the five parties and that reconciliation is
desirable.

Mr Landing Jallow Sonko, Mrs Amie Sillah, Mrs Ya Fatou Sonko, Mr Sidia
Jatta, Mr Kemeseng Jammeh, Mr Omar Jallow and Mr Waa Juwara, each explained
a part of the process of establishing NADD. The argument for unity was put
in this way by one of the members of the Executive Committee: *Two people
with ropes of equal length who need to tie them together to allow their
buckets to draw water from a well will be naïve to start arguing whose rope
is longer; that if their objective is for each to draw water according to
need, the long and short rope are equally important to each of them. They
should therefore cooperate to avoid each dying of thirst*.

The flag bearer however dwelled on national issues. He explained that the
problems of democracy and development are life and death issues; that
without development there must be poverty and death and without liberty and
proper management of the political life of the country or good governance
there can be no development.

He emphasized that there are 185,000 children in our Lower Basic Schools,
66,000 in Upper Basic Schools and 27,000 in Senior Secondary Schools; that
if these are added up you will have almost 300,000 children who will be out
of school in the next ten years. He argued that the public sector employs no
more than 16,000 employees and the private sector a relatively equal number,
that the future of the youth is bleak under the current economic situation.
He emphasized that economic growth can only come through proper management
of public finances and investment. He said there are private and public
investments. He said employment is not being generated with speed and
development because of inadequate foresight in leadership and poor
investment environment for both public and private sectors.

He buttressed his point by indicating that in 2005 alone the transition of
foreign currency in the inter-bank market amounted to 15.9 billion dalasis
but that credit to the private sector was only 1.9 billion dalasis while
government payments to the banks amounted to billion dalasis. He emphasized
that the whole government is borrowing more from the banks because of lack
of proper management of government finances. Private sector investment is
relatively insignificant in bringing about economic boom. He said we now
have a government with a 22 billion dalasis national debt which consumes
more than 30% of the domestic revenue annually. He argued that out of the
expenditure target of 3.7 billion dalasis, a sum of 1.5 billion dalasis is
to be utilized to service debts.

He said good governance and proper management of public finances are the
ways to handle the debt crisis. This is the only way to win the confidence
of the international community to achieve debt reduction and cancellation.
He said NADD intends to achieve this; that this is why it is premised on a
five year rectification programme for the president after which the person
will not seek a second term or support any other candidate to allow the
emergence of fair electoral contest. He argued that the APRC government has
been unable to achieve debt cancellation because of poor performance in
management of public resources. He emphasized that donors pledged 115
billion dollars in Geneva in 2002 but not a butut came; that even the
programmes prepared under the poverty reduction strategy paper had to be
suspended in 2003 with less than 40% implementation because of suspension of
assistance by donors.

He proceeded to examine what is considered wrong handling of public
investment using GAMTEL and Social Security as examples. He indicated that
GAMTEL is said to have made a turnover of 1065 million dalasis and a profit
of 211 million dalasis, but it was able to pay dividends of only 2 million
dalasis in 2005. He questioned where public resources of corporations are
being expended. He questioned the rationale of using over 345 million
dalasis of Social Security resources to purchases and refurbish Ocean Bay
Hotel. We will continue his deliberations in the next issue.



*NADD Holds Press Conference*

Halifa Sallah, the flag bearer of the National Alliance for Democracy and
Development (NADD), has described NADD as the pillar of stability in this
Country.  Mr. Sallah made this statement at a press conference organised by
NADD on Thursday at the NADD's headquarters.

Mr. Sallah told Journalists, that political figures who love this Country
must not push for confrontation.  He said The Gambia, with a population of
1.3 million has a debt port folio of 22 billion dalasis.  Sallah noted that
sixty nine percent of Gambians are living in abject poverty.

On the claim that the NADD leadership comprises political lightweights, Mr
Sallah pointed out: "I am saying those very people are the corner stone of
our stability.  Who will call Lamin Waa Juwara a political light weight? He
was a member of parliament before 1994.  Omar Jallow was a member of
parliament before 1994. Landing Jallow Sonko was a member of Parliament
before 1994. Kemeseng Jammeh is still a Member of Parliament. You talked
about people who have contested elections and won the mandate of the people,
you called them political light weights. That is a travesty of truth. It is
a conspiracy against good judgment. It is an attempt to sow deception. The
reality is that we have a force that is capable of being an alternative and
it has been proven in practice. People said NADD will never emerge and it
emerged on the 17th of January 2005. It was launched with the support of
thousands of people. The Court declared our seats vacant. We decided to
proceed with NADD and in the four by elections, we won three. Is that
political light weight? Out of six bye-elections, NADD is leading in the
popular vote and in the number of seats. You can understand where NADD was
heading. The regime after realising the thought of NADD decided to make
allegations, remarks, but we have signed a Code of Conduct internally to
maintain political decency. When we were wrongly accused, we refuted the
allegations. That culminated in arrest and detention. If the aim of NADD is
not to build democracy and development, if we were power hungry that was the
time to incite the population into violence and confrontation. There would
have been massive destruction in this country and others would have come to
create ceasefire like you have in Cote d'Ivoire in order to bring about
negotiation and a stable government. We engaged in preventive strategy that
we will not be dragged into confrontation."

 Omar Jallow, alias OJ, said NADD was formed as a result of the aspirations
of the Gambian people who are yearning for change.  Jallow said all the
opposition parties appended their signature on the Memorandum of
Understanding. "The five parties agreed to a code of conduct which we agreed
to commit ourselves to.  All the five parties drafted a constitution and
approved it as the guiding light of NADD as an alliance.  We met on the 29th
 of May at the Buffer Zone in Tallinding Kunjang where each of us reechoed
the statements we made on the 17th of January 2005 at the Palm Grove Hotel
when we were signing the Memorandum of Understanding that brought us
together.  We all stated categorically clearly that we will do everything
within our powers to make sure that we stick together, work together,
struggle together in order to redeem this Country in the plight we have
found ourselves.  It is on record and it is on tape.  We signed that
contract with the Gambian people without force or coercion and that is the
mission we are following up to this day."

Jallow said the MOU did outline every stage of NADD's development including
the way the flag bearer will be selected.  "We started the process of
selecting a flag bearer.  There are options; one is by consensus within the
executive. If the consensus process failed, we would go into primaries where
by in each village or ward, the representative of the women, men and youth
will select who will represent them.  This process began and a member of the
Executive resigned, and delayed the process.  But with determination and
conviction, continued the struggle because we cannot betray the trust and
confidence the Gambian people have in us."  Jallow said Halifa and Juwara
were the two nominees for the position of flag bearer.  He said Halifa and
Juwara have stood against any violation of the constitution and the right of
the people.

"We discussed like a family and unanimously agreed at the end of the day to
select Halifa Sallah as the flag bearer of the National Alliance for
Democracy and Development.

Juwara remarked, "We were operating as equals who have equal stake in the
affairs of this country. That is why it was slow. The negotiations went on
and on. We agreed and disagreed. This is healthy for our democracy, or else
you put up governments and the governments are owned by individuals, and
then you have problems."

Juwara said that there is no mistrust in NADD and therefore there is no
justification for the other parties to leave NADD.

"To prove my point, I was a nominee, I contested and agreed to the rules
that if they select me or any other person, I will support him and I have
proved my point. If I can do it, they should be able to do it. Let us put
all personal ambitions aside," he remarked.

He noted that they trust Halifa and they know that he will respect the
Memorandum of Understanding signed by the five political parties, namely
NDAM, NRP, PDOIS, PPP and the UDP. He further stated they know that Halifa
Sallah will not betray the Gambian people because he is not power hungry.

"These are some of the things we have to accept. The Youngman (Halifa) has
put a lot of energy and effort into building NADD, and one has to accept
that reality," he remarked.

Kemeseng Jammeh said, "This is indeed a historic occasion.  At the initial
stage, we had five parties.  It would have been more desirable to still have
all of us on board.   Perhaps this is the dictation of destiny.  This is not
what the Gambian people want.  The reality of the situation is that people
would have appreciated a united front.  But that is not the case right now.
Now that we are about to go into the field to start effective mobilization
and campaign, what I would advise everybody is for us to exercise maturity
in the way we go about with our activities.  We have other partners in the
field who are also engaged in the struggle to bring about change.  Let us
not antagonize each other.  We still have some months ahead of us.  It is
not impossible for the opposition to have something to do with each other.

Let us conduct our affairs in such a way that it will not be a problem for
us to work together.  I don't think the situation is so hopeless that that
cannot come about.  The doors are open.  We have a common enemy and that is
the system."

See next issue of Foroyaa for the contribution of the other speakers.



*KAFUTA ALKALOSHIP TUSSLE DEEPENS*

*By Fabakary B. Ceesay*

The struggle for the position of Alkalo amongst the people of Kafuta is
contnuing unabated Sulayman Bojang, one of the men (Alkalos) in the heart of
the controversy is accused of mismanaging sixty seven thousand dalasis,
being property of the village Development Committee. However Sulayman
refuted the claim.

The new executive committee of the Kafuta village Development  Committee did
accuse Sulayman of mismanaging sixty seven thousand dalasis, being monies
raised by the villagers through the selling of firewood. Thy alleged that
Sulayman Bojang is being investigated by officials of the National
Intelligence Agency in connection with the scam, and that is why he is
fighting tooth and nail to assume the alkaloship position in order to hijack
the investigations on the matter.

However, Ebrima Kujabi the Vice President of the former Village Development
Committee said he has never recognized the new Village Development
Committee. He shrugged off allegations that his committee and Sulayman
Bojang connived and mismanaged sixty seven thousand dalais form the
village's Development fund, noting that the aforesaid committee never had
such amount of money.

Continuing his explanation, Kujabi said they generated twenty thousand and
five hundred dalasis from the collection and selling of firewood, noting the
money raised by the villagers was meant for an inaugural ceremony marking
the adoption of 13 Badjie as Kafuta's "Father." Going further, Kujabi said
the inaugural ceremony was cancelled due to the fact that 13 Badjie was
relieved of his position as Inspector General of Police before the actual
date.

Continuing his explanation, Kujabi said 13 Badjie was sacked at a time when
they (the VDC) had already purchased two bulls and other items for the said
ceremony. He further stated that one of the bulls was slaughtered and cooked
for the guest who came to attend the ceremony marking the recitation of the
holy Quran. He was quick to point out that the other bull is under the
custody of the area's ward councillor. Ebrima Kujabi concluded by launching
a scathing criticism of the new Village Development Committee, describing
them as a group of people who do not have the interest of Kafuta at hearth.

Sulayman Bojang (one of the Alkalos) vehemently denied the allegation that
he connived with the Village Development Committee to mismanage the funds of
the village. He also refuted the claim that he has been investigated by
officials of the National Intelligence Agency,.

"Look, son! I'm too old to have business with that amount of money,"
Sulayman Bojang remarked.

Foroyaa will contact the Chief of the area on the matter.



*BOY ALLEGES TORTURE BY PIU*

*By Fabakary B. Ceesay*

A 22 year old boy, Modou Lowe, was on Sunday night, 26th February 2006, said
to be tortured by the Police intervention unit personnels commonly known as
the "Paras" (PIU), leaving him with a swollen left eyes.

According to Modou, the incident started around 22:00 hrs when he and his
friend Musa Sankan were standing at the gate of their compound at Sulayman
Nimaga street in Dippa Kunda; that eight PIU officers walked towards them
and asked them to be searched but that nothing illegal was found on them. He
narrated that as he tried to enter into the compound, one PIU officer
Quickly close the gate with force; that his hand was nearly hit by the gate;
that he cautioned the officer to take it easy before hurting him but that
the officer shouted at him telling him shut up and calling him "You rude
boy." "The officer pulled me back and they all started beating and kicking
me all over my body and then one officer hit me straight in my left eye. I
became temporary blind immediately," he said. He noted that his hands were
tied with a rope and was taken to the PIU station at Kanifing, where he was
detained up to 02:00 hrs, without charges or any statement taken from him;
that only his name and address were taken and then he was eventually to go
but never told to report back. The second victim, Musa Sankan, also stated
that he was asked to rouse his hands and that when he was searched and
nothing was found with him, he was told by one officer to immediately leave
the scene. "But on my way going I realized that my twenty five dalasi note,
was taken from my pocket," he said. According to them, they cannot identify
any of the officers as it was very dark on that particular night. However
Modou had received medical treatment from the Serrekunda Health Centre, the
following day.

 The Commissioner of Police, Ousman Sanneh, who took the matter to the
Police Complaints and Discipline Unit, promised to take all possible
measures to tackle the matter.



*DECLARATION BY FLAG BEARER OF NADD*

Today, marks the beginning of the final phase of the long journey towards
the consolidation of NADD as an instrument for guiding the Gambian people to
ensure that they are the architects and guardians of there destiny.  The
evolution of NADD to become an alternative Government in 2006 has entered
its most decisive stage Barely a month after its birthday, 17th January 2006
NADD has selected a flag bearer on the basis of unanimity. This constitutes
an extraordinary demonstration of unity of will and purpose.  The reason for
the birth of NADD is simple.  Those who are acquainted with the history of
countries and nations know that when a people are confronted with shattered
lives and or hopeless existence, those among them who have confidence in the
creative powers of the masses must create the centrifugal force which is
capable of sensitizing, mobilizing and organizing them to take charge of
their destiny and be the architects of a new existence based on renewed
hopes and aspirations. Within one year of its existence NADD has become a
Central instrument for the articulation of the vital interests and concerns
of the Gambian people. Herein lies the reason why the vast majority is
concerned with its survival, protection and development.**

Hence, in assuming the function of flag bearer it is necessary to weigh the
strengths and weaknesses of NADD in relation to the strengths and weaknesses
of the other political forces that are interested in its disintegration and
death. This is the only way to enable the people to acquire the knowledge
and skills necessary to avoid the pitfalls and submerged rocks to attain our
aims.  Our objective today is not to boast of success and achievement
despite overwhelming obstacles and odds; on the contrary, it is to gauge the
task that the current situation imposes on us in particular and the Gambian
people in general with utmost exactness so that we can lay a correct
strategy and a clear line of conduct at this turning point in Gambia's
history to enable our people to make a big leap forward in 2006 towards
democracy and development.

The history of NADD began with the signing of a remarkably clear and concise
document which embodies in totality the fundamental objectives of NADD,
commonly referred to as the Memorandum of Understanding. On 17th January
2005, twelve leaders appended their signatures to this historic document.
Two signatures came from each of the five parties which gave birth to NADD.
The two other signatories are the Chairperson and the Coordinator of NADD
who were elected by the party representatives.  The leaders did not only
append their signatures, they made solemn declaration before an expectant
and electrified crowd of their profound faith and commitment to the
principles and objectives of NADD. This invitation for the people and
posterity to be the witnesses of the exercise sealed the integrity of the
Alliance. The stormy enthusiasm of the crowd gave the signatories of the
Memorandum extraordinary power of conviction.

*An Alliance Of Principle Not An Alliance Of Convenience*

Contrary to the arguments of NADD's critics that it is an alliance of
convenience, the Memorandum of Understanding has impressed on the people
with a remarkable force of logic that the alliance is a by-product of
historic necessity. It addresses the demands of our times and circumstances.
Those who are conscious of the history of the liberation movements, are
fully aware that the failure to carry out the democratic revolution after
the birth of Independent states had been a fetter to the empowerment of the
people and the stifling of their creative powers to build united countries
endowed with liberty and prosperity. The Memorandum of Understanding made it
abundantly clear that the coup d'etat of 1994 did not address the demands of
post Independent Africa for Democracy and Development. It insists that the
1994 to 1996   transition did not yield a society based on transparency and
accountability that the people envisaged nor had it given rise to democratic
and constitutional existence that gives the people full authority to
determine their manner of government at the Village and District levels and
exercise checks over their representatives at the national level. The
Memorandum therefore calls for a five year democratic transition to a
genuinely democratic and constitutional order that will enable political
parties to exist and seek the mandate of the people based on principles and
institutions that safeguard best practices of governance in the world. This
is why the Memorandum states categorically that the Alliance is rooted in
the consciousness of the imperative and the urgent need to consolidate the
aspirations of the Gambian people for greater national unity, transcending
tribe, religion, gender, place of origin, birth, disability or other status
and the conviction that an alliance transcending ideological and other
differences in principles, policies and programmes could augur well for the
country by ensuring the adherence to a common code of conduct and thus
consolidate a culture of respect for fundamental rights and freedoms,
democratic participation, tolerance  of diversity that can serve as a
launching pad for genuine multiparty electoral contest based on diverse
principles, policies, programmes and practices.

NADD is not designed to negate a multiparty system; on the contrary it
creates the basis for a level ground after a five year democratic transition
for each party or presidential aspirant to seek the mandate of the people
without any obstacles.

This is precisely why the NADD presidential candidate is to serve only one
five year term of office and would neither seek a second term nor promote
the candidature of any person in the next following election. During the
five years, a collective leadership of the representatives of parties shall
put in place a cabinet and government that will pursue the following
strategic objectives:

A. put in place constitutional and legal instruments as well as democratic
institutions and practices covering all areas of state administration and
management so as to put a definitive end to self-perpetuating rule and
ensure the empowerment of the people;

b. pull together resources within the framework of the alliance to contest
the forthcoming presidential, National Assembly and Local Government
elections;

C. launch a five year transitional rectification programme in order to
ensure an open democratic society based on the promotion of national unity,
freedom, peace, prosperity and justice for all;

D. create an economic environment that ensures the development of the
productive base, maximize economic growth, employment and general welfare as
well as foster African regional integration;

E. promote the ideals, policies and programmes of ECOWAS and other
sub-regional groupings in particular and the African Union in general;

F. promote the fullest participation of the people, especially the Gambian
women, in development and maximize the benefits derived therefrom;

G. promote the prestige and image of the country internationally by ensuring
full respect for the human rights of the citizenry and their democratic
participation in running the country in accordance with the ideals enshrined
in international human rights law and norms of best practice;

H. develop partnership with civil society organizations to enable them to
participate and guide the governance and development priorities of the
country;

I. encourage the freedom of information through the creation of laws and
practices that would safeguard the independence and impartiality of the
public media and the freedom of the non-governmental media to disseminate
information without censorship;

J. establish a code of conduct that will put an end to the politics of
slander, character assassination, patronage and intimidation and replace it
with the politics based on enlightenment, principles, policies and
programmes.

The Alliance formulated a Code of Conduct to promote political decency in
the country.

The Alliance engaged in consultation with the regime through the auspices of
the commonwealth. This culminated in the formulation of a Code of Conduct to
guide relations between opposition and government. A former Head of State of
Nigeria, General Abdusalami Abubacarr, was appointed as the moral guarantor
of the implementation of the provisions of the Code of Conduct. This Code of
Conduct was signed on behalf of all parties on the 6th of February 2006
through the mediation of President Obasanjo.  The Alliance further
authorized visits by the Coordinator to introduce the consultative
environment it aims to promote in its relation with other political parties,
government and public servants. In this way, the Alliance sought to
eliminate any misunderstanding or ill will between political opponents.

On 29th May 2005, the Alliance launched its sensitization and mobilization
campaign to broaden its support base among the masses. The simplicity and
clarity of explanation regarding the origin and objectives of NADD enabled
it to win popular appeal. By the end of May 2005, NADD was set to become a
major political force that the ruling APRC could no longer ignore.

*Temporary Set Back*

Initially, the regime did not appear to acknowledge NADD's overtures for a
new political dispensation in the country. Particularly characteristic of
the leadership of the APRC regime was their tendency to ridicule the
opposition by using threatening phrases and sarcasm.

The first major challenge to the integrity of NADD is when the seats of four
National Assembly members were declared vacant on the basis of a provision
of law that bars a National Assembly member from leaving the party of which
he or she was a member when elected. The Court decision appeared to put a
nail on the coffin of NADD. This gave the impression that the NADD
leadership had committed political suicide.

Instead of whining, the NADD leadership took the obstacles as something
temporary. We rapidly grasped the correct strategies to adapt to find a way
forward for NADD. The NADD leadership accepted to participate in the by
elections under NADD. The tragedy of losing seats in the National Assembly
was translated into extraordinary conviction to ensure the survival,
protection and development of NADD.

Instead of things falling apart to bring in its wake a large scale
disintegration of NADD and desertion of its supporters, the by-elections
enabled NADD to test its electoral strength. In six by-elections under NADD
it is leading in the number of seats and in popular votes.  It has won three
parliamentary seats against two by the APRC and one seat of Councillor. It
has became abundantly clear after the by-elections that the regime had
underestimated the strength of NADD and its popularity.  The NADD leadership
was soberly weighing its strength and weaknesses after 4 by elections when a
new threat to its existence unfolded. The regime accused the opposition of
subversive activities without clarifying whether it was referring to
registered political or clandestine movements abroad. An attempt by NADD to
set the record straight was followed by arrests, detention and charges of
sedition and issuing false statements. The alarming public notices
associated with the arrests dampened the spirit of all peace loving
Gambians. For a while it appeared that the country was sliding into dark
days of political repression and violence. Attempts to hold normal political
rallies were suppressed under the pretext of security concerns. Any talk of
peaceful demonstration was given a subversive interpretation. The patience
of the NADD supporters was tried to the maximum. The failure to grant bail
to the NADD leadership after the 72 hours of detention deadline intensified
the tense political atmosphere. However, the NADD leadership demonstrated
extraordinary foresight in impressing on the supporters that the intention
of NADD's opponents to drive it into subversive activities had to be fought
with maturity and power of organization and conviction in the creative
ability of the people, to rally behind forces that are genuinely interested
in their liberation and empowerment politically and economically. People
waited in disbelief for the dust to settle so that they would know with
clarity what stand to take. The majority of Gambians, irrespective of party
affiliation, want peace. It was clear to the NADD leadership that any
provocation or reaction by violent means by any party, would conflict with
the fundamental interest of the Nation. It therefore called on its
supporters to continue to display a decent and mature political conduct that
would earn NADD the confidence and sympathy of the vast majority of the
Gambian people and just humanity at large. It was made clear that the battle
for change was a battle for the hearts and minds of the people and not a
battle to show which party is more vicious in perpetrating violence against
its opponents. Instead of leaping in the dark and shrinking in popularity,
the arrest and subsequent court appearance enabled the supporters to inspire
each other by their share numbers to give solidarity to the NADD leadership.


Today the dark days of the arrest and detention are behind us.  Nation
Reconciliation has been effected under the auspices of President Obasanjo.
The Code of Conduct will be circulated to all NADD militants so that its
content will be written in our hearts, minds and conscience, as well as to
guide our practice.  There is no doubt that even before the selection of a
flag bearer the NADD leadership has been able to sweep every obstacle on its
path in a peaceful and dignified way. This has earned NADD integrity
nationally and internationally.

*The way forward *

The final selection of flag bearer has met NADD walking on its feet. What is
necessary now is to exercise modesty, vigilance and conviction. The next
phase of the struggle is more intense. It requires a strong, united and
decisive leadership in order to earn the confidence of cross sections of the
Gambian people to allow victory in 2006. We are conscious of the fact that
collective leadership can be forged when each party avoids its interest from
conflicting with national interest.

Fundamentally, NADD intends to take leadership of the country through
partnership with all democratic and peace loving forces in the country. It
intends to administer the country on the basis of partnership and collective
leadership with representatives of parties and civil society organizations.
We therefore, call on all Gambians who want a fresh start for the country to
increase their financial, material, moral and practical support to NADD. The
mystery surrounding the flag bearer is now over. The battle for the hearts
and minds of the people can now be renewed with the extraordinary intensity
it requires. Each person should transform himself or herself into an
educator, mobiliser and organiser of the people and the battle for 2006
would be won by the people without any violence. It is the creative power of
the people themselves which will be the foundation of the olive branch
revolution that will bring NADD to the helm of national affairs. NADD will
then seek to rectify the wrongs instead of victimizing opponents. An open
society based on tolerance, the promotion of national unity, rule of law,
freedom, respect for fundamental rights and freedom, justice, peace and
prosperity would be built.

The NADD leadership intends to put its Technical Committee work with
immediacy to have citizen input in the draft manifesto of NADD which will be
circulated to expert who wish to enter into partnership with NADD.  The
manifesto will be launched in April.  NADD will begin to form a shadow
cabinet in May and inspire each branch to formulate alternative policies
thereafter.  NADD will govern on this basis with all those who are committed
to Democracy and Development.

The government should acknowledge that with a debt burden of over 22 billion
dalasis requiring payment of over 30 per cent of total revenue to service
it; with 69 per cent of the population living in an abject poverty, with
Gambians working abroad contributing 856 million dalasis to the Gambian
economy as remittances, with travel income estimated at 2.2 billion in 2004,
with a re-export trade estimated at 209 billion in 2004, this highly
indebted poor country that NADD will inherit, cannot afford the politics of
confrontation. It is only a peaceful atmosphere that can help us to gain the
type of revenue that is required to meet the development needs of the
country.

It is incontrovertible that the voice of the majority is a power that no
leader can fail to respect and remain in office. This is the time to put an
end to the dark pages of Gambian history such as the murder of Deyda Hydara,
the shooting of Ousman Sillah, the arrest and detention of persons in
maximum security cells to ensure that our peaceful homeland will never know
the tremors and uncertainties of war and civil strife. NADD is willing to
sign the Memorandum of Understanding, establishing the Africa Peer Review
Mechanism so that even the opponents of NADD will be protected by adherence
to the standards of best practice. NADD shall institute a democracy that
will enable the Gambia to be at peace with its neighbours, and government to
be in partnership with her people so as to build a unified Gambia of a
prosperous and happy people thriving on the fruits of democracy and
sustainable development.

Long live NADD

Long live Democracy

Long live the rule of law

Long live the respect for fundamental rights and freedoms

Long live the Gambia

Long live African unity

Long live international solidarity

From the Executive Committee of NADD



*PROGRESS IN LIVER CANCER RESEARCH*

*By Bubacarr K. Sowe*

Dr. Maimuma Mendy, a Gambian Scientist working with the Medical Research
Council (MRC), has said that children who have been vaccinated against
Hepatitis B are highly unlikely to develop liver cancer.

Speaking recently in an interview with the Foroyaa at the MRC grounds, Dr,
Mendy noted that her research. Cooked at children who were vaccinated with
Hepatitis B Vaccines, and later became infected.

She explained that they wanted to find out whether the vaccine is able to
protect them, or they would have to look for another vaccine. She said they
found that though the vaccinated children got infected the vaccine has
protected them, noting that they had only a mild form of the infection.
"They are really not comparable to those who are infected," she said.

She added, "It is very likely that these children even though they are
infected, they will not develop liver cancer which is the ultimate aim of
the vaccine. The vaccine is really there to prevent Hepatitis B and
ultimately prevent people from getting liver cancer."

Dr. Mendy added that among the adult population too, about 16% are infected
with the disease.

"My next step now is to continue my research in Hepatitis B, because before
we started introducing the vaccine in the Gambia, Hepatitis B was endemic.
Now we are going to introduce a new vaccine to those infected and to see
whether we can try to reduce the virus that is in them, and also to prevent
them from getting liver cancer."

Dr. Mendy was among the students who graduated at MRC in The Gambia with a
doctoral degree recently. Her area of sepecialisation is virology, and
researched specifically on Hepatitis B.





*OMBUDSMAN REPORT*

*Contd.From last Issue*

When she decided to erect a fence again to avoid further encroachment, the
Secretary of State for Local Government and Lands stopped her until further
notice. He had asked her to petition the Department. Subsequent to the
petition, she travelled to England for treatment as she is suffering from
cancer. She was then informed by the Department of Physical Planning that
the AMRC are on the process of selling her land. Upon returning to The
Gambia, she was informed again that certain individuals were processing
leasehold to the land. After the July takeover, the leasehold of these
officials were confiscated and taken to the Commission of Enquiry, which
mandated the AMRC to sell them. She instructed her lawyer to write to the
AMRC informing them that she was the rightful owner of the plot but they
never responded. After a while she received a letter from one of these
officials lawyer threatening to sue her if she was seen again on the plot.

*INVESTIGATION***

According to the Brikama Area Council Treasury Receipts nr. 180887 dated
19th February 1997. complainant paid arrears of rates from 1978 to 1997 to
the said plot. The Alkalo of Bijilo village also confirmed the site of plot
to complainant since 1977 on a stamped letter dated 2nd May 1994.

The Office of the Ombudsman on a letter dated 11th December 2001, requested
a written observation from the AMRC on the allegations. They responded in a
letter dated 27th December 01, Stating among others that complainant had
written to them through her lawyer laying claim to the said piece of land,
which she alleged was given to her in 1977. The Corporation views her claims
curiously for the following reasons:

That said piece of land was forfeited to the state not from complainant, but
from officers of the Ministry for Local Government and Lands. The records in
the files retained at the Ministry show that the property was allocated to
officers of the that Ministry and not complainant;

That from the period 1994 to 1998 during the course of the Commission's
proceedings culminating in the forfeiture, no mention was made of the piece
of land belonging to complainant whether by the said officials of the
Ministry or by the person she claimed sold her the plot, who appeared before
the Commission and physically assisted the Commission in identifying the
forfeited area. Not even complainant who claims to have interest in the
forfeited area. She did not speak-up:

That since the AMRC sold the piece of land: the proceeds of the sale have
been paid into Government coffers;

That when Officers at AMRC visited the Alkalo in order to ascertain
complainant's claim, the Alkalo had said he only became the Alkalo of Bijilo
14 years ago and could not have given complainant any piece of land in 1977
as claimed.

The corporation concluded that they have gone thus far and cannot in any way
be said to have unlawfully sold the said piece of land In Question. The
corporation has done what It was mandated to do and no more.

The Alkalo at Bijilo was interviewed on the 8th January 2002. He stated that
he sold the plot of land to complainant before he was appointed as the
Alkalo of Bijilo. He used to use the plot of land for farming purposes. But
he sold it to complainant for D6000 at a time he obtained a permanent job
and had no more time for farming. He also said one AMRC officer came to him
and informed him that some former officials at the previous Government owned
land around the area. In reply he informed him that he never knew anyone of
the former officials owing a land in the area and that was the last time he
was consulted by the AMRC. He also refuted the statement by the AMRC that he
told them he only became the Alkalo of Bijilo 14 years ago and could not
have given complainant any piece of land in 1977 as claimed.

The Ombudsman on a letter dated 15th July 2002, seek appointment with AMRC
Managing Director for further clarification at the new evidence but he
considered such meeting unnecessary as the AMRC has already indicated their
position on the matter and would rather shy away from holding this type of
meeting.

At a meeting with Permanent Secretary Department of State for Local
Government and Lands he indicated that the Department does not have the
authority to review a conclusion and recommendations made by Commission of
Enquiries, which is a judicial decision.

*CONCLUSION*

The Ombudsman in accordance with sec. A (a) (b) at the Ombudsman Act ceased
investigation for not having the authority to review or interfere with
decision or recommendation of a Commission of Inquiry.

The complaint is referred to His Excellency. The President under sec. 14 (1)
of the Ombudsman Act for decision.



*Complain No:                      21/02*

*Complaint:               Unlawful Dismissal*



*COMPLAINT*

Complainant was employed as a daily paid Postman in 1981 and rose to the
rank of Post Master In 1991 until his dismissal in 1996. He was charged by
the Police and prosecuted at the Kanifing Magistrate Court for the offence
of possession of suspected stolen property contrary to sec. 298 of the
Criminal Code. On the 21st May 1997 the case was struck out of court for
lack of evidence and want of prosecution and he was discharged.

Before the case was heard by the Magistrate Court, complainant was dismissed
from the civil service on 3rd April 1996. Meticulous efforts were pursued by
complainant to be re-instated but the PMO informed him that his dismissal
was a directive.

*Investigation*

The Ombudsman in a letter dated 18th April 2002 informed the Department that
the dismissal of complainant was in contradiction with sec. 34 of the Public
Service Regulations which states "if criminal proceedings are instituted
against a public officer in court, proceedings for his dismissal upon any
grounds involved in the Criminal charge shall not be taken until the
conclusion of the criminal proceedings and the determination of any appeal
there from." Complainant should have been interdicted and paid half salary
until the conclusion of the case in accordance with sec. 35 (2) of the
Public Service Regulations.

The Ombudsman recommended the following:

1. Payment of half-salary from the date of complainant's interdiction to the
conclusion of the case i.e. May 1997;

2. Complainant be re-instated retroactively into the civil service from the
date the case was "struck out for want of prosecution" i.e. 21st May 1997;

3. Payment of full salary from May 1997.

Reminders were sent 16th May 2002 and 28th August 2002, and the Department
responded on the 7th January 2003 stating that "at the time complainant was
dismissed from the service the country was in a state of emergency when the
Constitution of the Republic and all other laws were suspended". As a result
the Ombudsman recommendations could not be considered.

Upon further consultation, the Ombudsman wrote back to the Department on the
6th September 2005 indicating that the reasons for the Department not
accepting its recommendation is not genuine. No country operates without
laws as implied by the Department. The Transitional period was not a lawless
period. There were decrees. These decrees were not formulated without
consideration at civil service regulatory instruments. The Department should
reconsider this case on the basis that there has been no weight of evidence
in support of the act of dismissal. There is no evidence at any trial to
establish that the dismissal does not violate natural Justice.

 *Conclusion*

The Department has still not yet adhered to the recommendations. The case is
forwarded to His Excellency under sec. 14 (1) of the Ombudsman Act for
decision.



*Complaint No:         6/2000*

*Complaint:               Injustice*



*COMPLAINT*

T he Ombudsman received a complaint from a Financial Attache' who was posted
to the High Commission in Dakar and the Consulate in Guinea Bissau. An
Interim Audit Report on the Missions of Dakar and Guinea Bissau submitted to
the Department caused his recall. He was stopped from work, his salary was
also stopped.

The Department referred the matter to the Commission of Enquiry of
Government Department and their line Ministries for investigations. The
Chairperson of the Commission because of the winding up of the activities at
the Commission referred the matter to the Department of State for Foreign
Affairs to allow the complainant to answer the queries raised in the Interim
and Final Report.

The office at the Auditor General and the Department of State for Foreign
Affairs complied with the directive and that the relevant books in the
Department be made available to complainant to carry out the exercise.

Complainant also sought assistance from the Public Accounts Committee of the
National Assembly to influence the Department for her to accord him access
to relevant Accounts Books. All these moves were unsuccessful.

*INVISTIGATION*

The investigations earned out established accounting irregularities in the
missions as well as shortages, which were paid by complainant. It further
established that this was the reason for complainant's recall, stoppage of
work and salary.

*FINDINGS*

Complainant committed acts of misconduct. Which should have been dealt with
in provisions of the regulatory instruments of the Public Service, the
Public Service Regulation and the Financial Instructions.

The Department erred in not complying with the provisions set out in section
34 of Guide to Public Service Regulation which stipulated the requirement of
Head of Departments to follow the procedure set out in Part V of the Public
Service Regulation.



The Department erred again instructing complainant verbally to stop work in
December 1996 and eventually stopping his salary in March 1997 without the
required Public Commission directives, based on the outcome of proceedings
against complainant by a Court of Law.

The Department erred finally in their application to the Public Service
Commission for approval of Suspension without Salary to be retrospective
with effect from March 1997.

Complainant's claim of his earnings as from March 1997 until an interdiction
is directed on him is legal. It is so directed in the Public Service
Commission, Rules and Regulations.

**

*RECOMMENDATIONS*

1. That the direction given by the former Commission of Enquiry into
Government Department and their Line Ministries and the Public Accounts
Committee of the National Assembly be complied with. The complainant be
allowed to access all relevant books for him to answer the audit queries.

2. It is recommended that complainant deserves his salary until sufficient
criminal evidence is adduced to warrant a charge. Accordingly it is
recommended that he be paid salary from April 1997 to date.

3. It is further recommended that the Department should use the appropriate
mechanism to monitor the activities of Public Officers in its
sub-treasuries, and that this mechanism be reinforced to enhance its
effectiveness if the matter is with the Police he should be interdicted on
halt salary until the case is finalized.

*CONCLUSION*

The recommendations have not been complied with. The Department, in seeking
for sufficient criminal evidence against complainant, referred the matter to
the Fraud Squad, Banjul Police Station. Case is still under investigation by
the police.

Complaint is forwarded to His Excellency under sec. 14 of the Ombudsman Act
for decision.

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