Beran, thanks again for forwarding this article. After reading this and
other media where the visit of the Commonwealth officials have been
reported, am still at a lost why the visitors were hailing Yaya's move to
amend our Constitution. I might be missing something here or perhaps the
journalists did not quote the Commonwealth officials properly. If we have
laws such as Decree 89 that are clearly repugnant to natural justice and
constitutionally guaranteed rights such as freedom of association and
freedom of speech, I do not know what repealing those laws has to do with
amending the Constitution. Decree 89 does not need a Constitutional
amendment or court declaration to render it inapplicable. That Decree is now
toilet paper. People should challenge the government to try and use the
Decree. When that happens, people will then realize how useless that piece
of garbage is. The APRC lawyers discovered that and that is why they
counseled Buba Baldeh to defy the Decree. If other politicians defy the
Decree, nothing will come out of it. To paraphrase Yaya, 'any Decree that is
inconsistent with the Constitution will remain null and void to the extent
of that inconsistency'. So if you have a Constitution that guarantees its
citizens the right to belong to political parties, any Decree that tries to
unjustifiably curtail that right, is null and void. The prepared speech of
the moron attests to that. I am not familiar with the latest Gambian
Constitution, but I think I can safely guess that the Constitution granted
citizens freedom of association and also made the Constitution the supreme
law of the land. Therefore, no constitutional amendment is necessary in
order to get rid of draconian laws like Decree 89. The Commonwealth
officials should ask the authorities to be more specific about the proposed
amendments. And they should demand from the authorities explanations that
make sense. The reason given by Yaya, as reported in the papers, is
illogical. I hope this was not the explanation the Commonwealth officials
got from Yaya. If it was, the visitors should have asked Yaya whether Decree
89 was part of the Constitution and therefore needed a constitutional
amendment before it could be repealed. Before such international observers
give legitimacy to the utterances of morons like Yaya, they should endeavor
to get all the logical facts. This revisiting of the Constitution is only
aimed at one thing; that is, to perpetuate Yaya and the APRC. These
amendments have nothing to do with giving ordinary Gambian citizens more
rights and doing what is right. If it was, there will be a provision
imposing term limits on the presidency. I respectfully urge the opposition
to be very vigilant in this exercise. Pap Cheyassin Secka and Yaya are only
interested in taking away rights from the citizens. If we do not watch our
back, Secka will help Yaya bring in more laws that will make it more
difficult for ordinary citizens to be defended in court. This is the same
Secka who thinks that it is constitutional to hold innocent citizens in jail
for several months incommunicado. These people are only out to deprive us of
the little rights we currently have. Commonwealth officials and opposition
party leaders should not assist the AG and Yaya in this fraud.
KB


>From: "Jeng, Beran" <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: FWD:1997 Constitution Under Review
>Date: Wed, 22 Nov 2000 11:14:15 -0500
>
>Daily Observer
></publishers.html?passed_name=Daily%20Observer&passed_location=Banjul>
>(Banjul)
>November 21, 2000
>Pa Kalifa Sanyang
>Banjul
>The head of the Commonwealth Ministerial Action Group(CMAG) delegation to
>the
>country, Alhaji Sule Lamido, told newsmen yesterday that his delegation
>received
>assurances from President Yahya Jammeh that the 1997 Constitution is
>undergoing
>some amendments.
>Alhaji Sule whose delegation held a closed-door meeting with President
>Jammeh at
>State House yesterday, said the constitutional amendment is aimed at
>repealing
>some laws that are inconsistent with the Constitution. The Nigerian foreign
>affairs minister said President Jammeh had quoted a section of the
>Constitution
>which says "any law which is inconsistent with the constitution will remain
>null
>and void to the level of that inconsistency", describing it as a "very
>encouraging" remark by the President.
>Asked whether specific reference was made to decree 89 which has been a
>subject
>of widespread controversy, the Nigerian foreign minister said, "The
>President
>talked about a process of constitutional amendment based on a certain
>constitutional provision and if my conclusions from what he had said are
>right,
>that particular decree is obviously on its way out." He said President
>Jammeh
>had indicated to the delegation that all obnoxious and exclusive decrees
>that
>were passed during the transition period would be brought in line with the
>Constitution according to the aspirations of the Gambian people. Alhaji
>Sule
>explained that his delegation's mission is to assist The Gambia in
>effecting
>internal reconciliation so that the entire country can forge ahead as a
>family.
>During their 3-day assessment mission, the Commonwealth delegation will
>hold
>talks with secretaries of state, leaders of political parties, Non
>Governmental
>Organisations and the media. At their last meeting in September this year,
>the
>Commonwealth Ministerial Action Group (CMAG) agreed on an early dispatch of
>a
>mission to The Gambia at the invitation of President Jammeh.
>The group also expressed the desire to see The Gambia government foster a
>more
>inclusive political environment, and in particular, repeal decree 89 which
>proscribed certain political parties and banned certain individuals from
>partisan politics. The group also expressed concern at other restrictions
>imposed on political parties and the media. The delegation included Hon Tan
>Sri
>Dato'Musa Bin Hitam, a special envoy of the Malaysian president, and some
>Commonwealth Secretariat staff.
>
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