Hello Sister Jabou
I hope you are fine and doing well. Keep forwarding Foroyaa news. It helps a lot informing me about the madness for days unending is happening in our country. Prevailing condition of our country as failed state and deep-rooted divisive opposition parties redeeming from APRC rule is a long walk to freedom.
[log in to unmask] wrote:
Issue No. 67/2007, 11- 12 June 2007
Editorial
PARDONS AND ARRESTS
Special Plea for Lamin Darboe
Musa Suso, Former MP for Kombo North is Released.
David Colley, the Commissioner of Prisons is detained.
Some claim that this should teach all those who are in charge of the custody
of prisoners that they are not immune to arrest.
Foroyaa, however, wishes to draw attention to a different lesson.
In the past, few Gambians hardly knew what was inside the walls of our
prisons. It was a taboo for many to get close to the prison not to mention being
incarcerated.
Today, many people see the prisons as detention centres where the convicted
and those not even charged co-exist.
In the past, one used to find very few literate people in the prisons. Now
they may be counted in the majority. Some remain in doors for years waiting
for their trials like those who were accused of armed robbery in U.R.D. No one
knows whether they are innocent or guilty.
The president had a discussion with his cabinet and the Chief Justice
regarding the Criminal Justice system. However the problem still remains.
Needless to say, the detention of David Colley at the Central Prisons is a
recent example that the transformation of the Central Prisons into a detention
centre is not yet history.
We, therefore, call on the Inspector General of Police and Director General
of the NIA to put a stop to any detention at the prisons without a remand or
imprisonment warrant issued by a court of law. The Attorney General should
advise the government to put a stop to any detention for more than 72 hours
without court appearance, as well as, detention of persons who have not appeared
before courts in our prisons.
Finally, Foroyaa wishes to make a special plea for the doyen of the central
prison, who all young prisoners look up to for advice and is referred to as “
uncle”. Most people who have been detained at the maximum security wing
cannot forget the remarkable impression that this prisoner makes on a person. His
history as a prisoner is legendary. Foroyaa is informed that he was convicted
before the coup d’etat. It is claimed that on the day of the 1994 coup d’
etat he was at the hospital with other prisoners and when it became apparent
that a coup was in the making the guards disappeared leaving the prisoners
behind. Foroyaa is informed that as the prisoners tried to flee Lamin convinced
them that the best thing was to go back to the prisons and wait for the
outcome of the tense moments. When the coup succeeded Lamin anticipated that his
act of patriotism and honesty will be rewarded. 13 years have actually elapsed.
Lamin is still waiting. Who would have arrested him 13 years ago if he left
the country? Lamin can be a good rehabilitation officer for any youth
rehabilitation centre. He knows the young prisoners and the prisons more than
anybody. The President will do justice and an honour by giving Lamin Darboe a
pardon.
DETENTION OF PRISON OFFICERS
David Colley, the director general of Prisons is detained at the Central
Prison at Mile Two, this paper has reliably learnt. The detention of Colley came
in the wake of investigations mounted at the Prisons by officials of the
Serious Crime Unit of the Police and President Jammeh’s decision to grant
amnesty to Musa Suso. Suso was convicted and sentenced to eight years of
imprisonment after he was found guilty on drug related charges. However, his
co-convict, Ndeneh Faal is serving his prison term. Three prison wardens, Sergeant
Peter, Corporal Sarjo and Private Abbas are also detained. They were detained
before Colley was incarcerated by the authorities. It is reported that Rose
Klyn, the deputy director general of Prisons has taken over from Colley, and has
moved from the Jeshwang Prison Camp to the State Central Prison at Mile Two.
The police spokesperson, Superintendent Jobarteh, has told this paper that
the police are yet to finish their investigations at the prison. Asked whether
the investigation had anything to do with the detention of David Colley,
Jobarteh said he is not sure whether it has anything to do with it, but was
quick to say that everything will be clear by today or tomorrow.
TOURISM AUTHORITY REVISITS LAW ON TOURISM
By Annia Gaye
The Gambia Tourism Authority (GTA) held a workshop at the Senegambia Beach
Hotel on 7 May 2007 to review the law on tourism.
Mr. Amadou Ceesay of The Gambia Tourism Authority (GTA) welcomed all the
participants to the workshop which he said is very important.
Mr. Ceesay said that tourism regulations are critical because they set the
rules that govern the tourism industry in The Gambia. He reminded the
participants that the Gambia Tourism Authority Act 2001 empowers the Secretary of
State for Tourism and Culture, under section 73, to make regulations for the
better carrying out into effect of the provisions and purposes of the Act.
Mr. Ceesay said that the overall purpose of the regulations is to give legal
backing to procedures put in place by the GTA and to better complement and
support the work of The Gambia Tourism Authority with a view to enhancing the
level of quality and standards of our tourism products.
Mr. Ceesay continued to dilate on the agenda of the conference which he said
covers a diverse range of issues that are related to the development of
tourism in The Gambia. He also opined that there is a need to provide a forum to
deepen the dialogue process and reach a consensus on the best way forward to
regulate the tourism industry. He then urged participants to help put in
place a framework that would not only regulate the industry but will also help
attract the required investors needed to further develop Gambia’s tourism
product.
Mr. Ousman Kaliba Senghore, Director General of GTA, informed the
participants that the law on Tourism can be found in a number of pieces of legislation.
He, however, said that the Principal Act is The Gambia Tourism Authority Act
(2001). He further maintains that Regulation or control of the tourism
industry is principally the responsibility of the GTA but as he said, several
Government Departments are also involved in administering relevant or related
legislation.
Mr. Senghore said there are some laws that are applicable to the tourism
industry that are outdated and others with penal provisions that are contrary to
current economic realities. The penal provisions he insisted are so
insignificant that they do not act as a deterrent, especially where there is hardly a
chance of an offender being prosecuted for breaches.
Mr. Senghore indicated that there is not much co-ordination between the
various authorities who have responsibility for the administration of the various
laws or regulations. He gave an example of Health laws covering the tourism
industry which are described as old and out of tune with the current trends
in the tourism sector. He said that all the relevant legislation is not
contained in one Act, which he argued would make it difficult for interested
persons, including prospective investors to immediately have at hand all the
relevant laws, or easily understand the whole legal framework applicable to the
sector. Mr. Senghore gave an inventory of the present tourism related
legislations, regulation, licensing, taxation and fees structure, as well as, other
sectoral legislation that impact on the management of the tourism sector.
He informed participants that the GTA Quality Control and Licensing Unit has
published several requirements which needs to be satisfied before obtaining
a number of the licences which it issues to the following service providers:
ground tour operators, food service and accommodation providers, craft
markets, the equipment hirers and other tourism enterprises.
Mr. Senghore cited the TDA land administration as another problematic area
in their day to day work. He said GTA believes that there ought to be clearly
defined mechanisms and procedures for the allocation and better management of
land for tourism and its related investments. He said, it is essential for
increasing the overall quality of tourism products and services. He went on to
say that whilst there is land allocated for tourism infrastructure such as
for the construction of hotels, resorts, lodges etc, along the coast, land
allocation has been carried out in some cases with total disregard for the law.
He said leases have been granted and can be held for several years without
any development and with no resultant sanctions.
Mr. Senghore spoke about illegal erection of structures and temporary
structures and kiosks erected without any planning permission in the GTA Act that
enables the GTA to evict such trespassers. This responsibility, he said, falls
on the Department of Physical Planning and Housing.
Mr. Amadou Sarr, the human resource personnel at the GTA said Tourism
regulation is critical as it sets rules that would govern the tourism industry in
The Gambia. He reiterated that the purpose of the regulation is to give legal
effect to procedures put in place by GTA to complement and support its work,
with a view to enhancing the level of quality and standard of the tourism
products. Several presentations were made by the consultant Mr. Clive Barrowman,
who is the drafts person, and Kathy-Ann Brown, a legal adviser.
Bill to Increase Gratuity & Pensions of NAMs Passed
By Bubacarr K. Sowe
Last Monday, the National Assembly passed a bill entitled the National
Assembly Salaries and Pensions Bill (Amendment) Bill 2007. The bill seeks to
increase the gratuity and pensions of ex-national assembly members with effect
from 30 January, 2002.
According to the parent Act, the National Assembly Salaries and Pensions Act
1997, ex- national assembly members are entitled to a gratuity of 12.5% of
the total emolument that a member has received during his/her membership of
the assembly. The new bill seeks to increase the percentage to 25%.
Members who wish to opt for a pensions payment would earn 25% of their total
annual income as gratuity, plus a pension which is calculated on the basis
of a formula.
The bill has amended the National Assembly Salaries and Pensions Act 1997.
The law has come into force on January, 30, 2002, according to the bill.
Moving the bill before the National Assembly, the Secretary of State for
Foreign Affairs and National Assembly Matters, Bala Garba-Jahumpa, said the
objective of the bill is to cater for adequate remuneration for National Assembly
Members and revisit their status after a successful term of office.
“When one ceases to be a member of the National Assembly, one should be able
to continue to be an honourable member of society,” SoS Jahumpa said.
Sellu Bah, member for Basse, who seconded the Bill, said the
parliamentarians are like any other contracted individuals who need such a scheme.
The minority leader and member for Kiang West, Momodou Sanneh, said the
amendment would bring the status of the National Assembly Members to higher
heights. Mr. Sanneh also called on SoS Jahumpa to come up with a Bill for
ex-members of parliament, so that their experience can be utilised by allocating them
a package since the National Assembly will be expanded with a new building
in the near future.
Eventually, the Secretary of State promised the Minority leader that he
would consult the necessary authorities on a bill for the plight of ex-members.
SoS Jahumpa also assured the member for Basse that he would take up the issue
of all other allowances with the Solicitor General and Attorney General’s
offices. The member for Foni Kansala, Sheriff Abba Sanyang, said it is sad to
see ex-National Assembly Members in certain situations. He lauded the
amendment, adding that it will make life for ex-Members honourable in society.
Sidia Jatta, member for Wuli West, said the amendment is to regularise and
normalise the gap between parliamentarians and others following an increment
of salaries across the board to 25 percent excluding the National Assembly
Members, whose earnings just rose by 12.5 percent.
The member for Tumana, Hon. Netty Baldeh, said that after all the pessimism,
the bill has finally been made available and they appreciated it.
Fabakary Tombong Jatta, Majority leader and member for Serrekunda East, said
the National Assembly is elected by constituents to serve as an oversight
institution. Abdoulie Saine of Banjul Central said the amendment is in the right
direction.
ANOTHER PLUS FOR WOMEN’S PROTOCOL
By Bubacarr K. Sowe
National Assembly Members on Wednesday, June 6, adopted the report of the
joint regional consultative meeting on strategies for accelerating the
ratification of the African Union (AU) Protocol on the Rights of Women held from the
2 to 3 April in Tunisia.
Contributing to the debate on the motion, Babanding Daffeh, Member for
Kiang-Central, said he is not against women being empowered, but said care needs
to be taken. He quoted a case study in Tunisia in which their judiciary
interprets the Islamic law in a way that does not conflict with the Protocol.
Haddy Jagne of Jeshwang Constituency said that the empowerment of women is
not new. Mrs. Jagne spoke about women’s importance and participation in
society. She pointed out that women are allies in development who want to bridge
the gap between them and the men.
The majority leader and Member for Serrekunda East, Fabakary Tombong Jatta,
said the issue of empowering women is not a controversy, but those who are
Muslims would want it to conform with Islam. He called on the educated women to
look back and bring along their illiterate colleagues in order for them to
achieve their goal.
Sidia Jatta, Member for Wuli West, said that the freedom and rights women
are asking for is already guaranteed by the country’s laws, adding that what
they (women) need to do is take what is given to them. Mr. Jatta said the
constitution has already shown that a woman has an equal right with a man.
Counsel Strives For Custody of Child
By Bubacarr K. Sowe
Mr. Mai Fatty, counsel for Fatoumata Dem, who is facing a murder charge at
the High Court, has asked the court not to allow the accused to be separated
from her child. The counsel told the court on Thursday, June 7, that the
Social Welfare Department and the Prison Council have forcefully separated the
child and her mother who is presently detained at the State Central Prison, at
mile 2.
Fatty argued that taking the child to the SOS Children’s village without her
mother’s consent violates the constitution, the Children’s Act 2005 and
other international laws, stressing that the act cannot be justified as adopting
and fostering a child.
The lawyer said the Children’s Act makes a provision that only a Children’s
Court can give an order under such circumstances, which he believed, has not
been given to the Social Welfare and the authorities at the prison.
Fatty told the court that such an act is capricious and high handed, which
if allowed will set a dangerous precedence and nobody’s child will be safe.
Merley Wood, the state counsel prosecuting the case involving Fatoumata Dem,
objected to the accusation made by the defence counsel.
Wood argued that the mother was counselled and her consent was sought in
taking her daughter to the SOS Children’s Village. The presiding judge, Justice
Sanji Monageng asked the defence counsel what might be the best interest of
the child, whether it is for the child to be at the SOS Children’s Village or
at the prisons with her mum.
Mr. Fatty responded that if the process is unfair, the result will be fatal.
He gave reference to a similar case few years ago at the High Court in which
a four year old child refused to be separated from her convicted mother and
finally the court released and deported them to Guinea.
The matter was adjourned for ruling this week.
Fatoumata is on trial for allegedly murdering one Batoli Dem of Dogoroba
village in the Central River Region. She acquired legal assistance after
revealing in court two months ago that she cannot afford the cost of hiring a
lawyer, saying that she is poor and her parents are deceased. Mr. Fatty who was in
court sympathised with the young woman and told the judge he would offer her
assistance free of charge.
Media Organisations On Fatty’s Trial
Committee to Protect Journalists
Fatty was charged a year ago in connection with a March 24, 2006, story
incorrectly reporting that former Interior Minister Samba Bah was among more than
20 people detained in the wake of a purported coup attempt. The paper, known
for its critical coverage of President Yahya Jammeh’s government,
subsequently ran Bah’s response and its own apology, but intelligence agents sealed off
the paper and detained Fatty incommunicado for two months. General Manager
Madi Ceesay, who is also GPU president, and Editor Musa Saidykhan were
detained for three weeks apiece but later released without charge.
“We condemn the criminal conviction of Lamin Fatty whose case highlights the
authorities’ pattern of using extra-judicial detention and harsh criminal
penalties against the press,” CPJ Executive Director Joel Simon said. “We call
on the appeals court to overturn Lamin Fatty’s conviction and we reiterate
our call to the Gambian authorities to lift all restrictions on The
Independent.”
“If a simple reporter who has no say about the final content of an article
is held responsible for publishing false news, then, this verdict sets a
dangerous precedent in our country,” Fatty told CPJ.
Last month, CPJ named the Gambia one of the world’s worst backsliders on
press freedom.
Media Foundation for West Africa
Lamin Fatty, a reporter of the banned- Banjul based “The Independent”
newspaper charged with publishing “false information” was on June 5, 2007
convicted and fined 50, 000 Gambian Dalasi (about 1,850 US$).
Media Foundation for West Africa (MFWA) sources reported that if Fatty who
has been unemployed following the illegal closure of the “Independent”
newspaper defaults in the payment of the fine he will go to jail for a year.
Fatty was charged under Section 181A of the Criminal Code which in its
amended form makes the publication of “false information” a criminal and
punishable offence. The 24 March edition of “The Independent” erroneously reported
Samba Bah, a former minister of the interior and former head of the National
Intelligence Agency (NIA), as among those arrested in the aftermath of an
alleged coup. The newspaper subsequently published Bah’s rejoinder and also
apologized to him.
The police soon after raided the offices of “The Independent” and arrested
all staff members, including Madi Ceesay and Musa Saidykhan, General Manager
and Editor-In-Chief, respectively. They have since been released without
charge. Fatty was arrested by the Gambian police on April 10, 2006 and was
illegally detained for 63 days.
The MFWA condemns the increasingly high-handed use of the law to criminalize
speech and expression in the Gambia .
Professor Kwame Karikari
Executive Director
INTERNATIONAL FEDERATION OF JOURNALISTS
Media release
5 June 2007
The International Federation of Journalists (IFJ) today condemned the
conviction of Lamin Fatty to a one year jail sentence or a heavy fine, for “false
publication” after he had been illegally detained for two months in prison,
coupled with a lengthy trial.
“We are deeply shocked … and we vigorously condemn the Act as harsh and
unwarranted”, said Gabriel Baglo, Director of IFJ Africa office. “There is no
need to convict Fatty who has already been illegally detained for two months
and most especially when the paper had issued a corrigendum and an apology in
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