*Foroyaa Newspaper Burning Issue*

*Issue No. 35/2006, 8-10 May, 2006*

* *
*Editorial*

**

*WHO IS MISLEADING THE PEOPLE?*

**

*(Part1)*

In an article published by the *Daily Observer* of May 5th 2006, the
Secretary of State for Agriculture is reported to have described *FOROYAA*'s
Editorial of 4-7 May 2006 "as unfounded and misleading, and then urged the
paper to do a through investigation before putting pen on paper." The
editorial was a reaction to Weekend News Update, a Radio Gambia programme
conducted by Malick Jones at which SoS Touray was a guest.

Let us now proceed to find out what *FOROYAA* has written which can be
described as "unfounded and misleading."

FOROYAA's editorial summed up what SoS Touray said in the programme as
follows:

1) The proposal for the government to purchase nuts is welcome

2) But it cannot be implemented because government does not have the means
to do so.

3) Government can only act as a facilitator in the groundnut trade

4) The private sector should lead the way in the purchase of nuts.

These statements were not denied in the *Daily Observer* article.

In the editorial, we made the following observations and deductions:

1) The state cannot purchase the nuts

2) The private sector has not provided adequate funds to purchase the nuts

3) As a result of the lack of finance to purchase the nuts credit buying
still prevails in spite of repeated promises by the Executive that there
would be no credit buying.

These observations and deductions were not contradicted by the *Daily
Observer* article. What then does SoS Touray consider "unfounded and
misleading?"

Well, in our conclusion, we wrote the following: "they continue to languish
in poverty, misery and degradation as the Executive continue to mismanage
the economy.

SoS Touray's statement is a clear testimony that the regime is not in a
position to solve the problems of the masses"

SoS Touray considers our statement "as the Executive continues to
mismanagement the economy" as unfounded and misleading. We shall prove
beyond any doubt that this statement is well founded and accurate.

SoS Touray is quoted as asking "Does mismanagement mean taking monies from
the SSHFC to pay farmers?" The answer is that this would become unnecessary
if more than 100 people found liable by the Paul Commission pay what they
were ordered to pay into public coffers. You, for example, were ordered to
pay 2.9 million dalasis into Gambia Tourism Authority coffers. Have you done
so? What about the D173 million of YDE funds spent on Millennium Air? What
about customs duty to the state from YDE worth D73 million? What about the
D417 million relating to Central Bank monies for which the state took
several people to court only for the proceedings to be aborted without
explanation? We can go on and on but this would suffice to show how
mismanagement is affecting the economy.

Who knows what the unknown has in stock? Auditor General's report and
Central Bank report are lagging behind. The president failed to comply with
section 206 of the constitution, which requires him to either publish the
report of the Paul Commission within 6 months or to issue a statement
stating reasons why he has not done so.




GAMBIA GOVERNMENT UNDER ILO'S LENS

The government of the Gambia who became a member of the International Labour
Organisation (ILO) in 1995, with the aim of affording the Gambia's work
force international lab our standards, is now being quarried on two fronts:*
*

1.Lack of submitting annual reports on the implementation of the convention,

2.The inadequacies of the Gambia Labour Act in line with ILO convention on
discrimination, enumeration and lack of right's of Gambian workers to
organise any occasion to promote their interest.

The following is a direct request from the committee to the government of
the Gambia to take note* *on the* *scope of the convention. The committee
notes that Labour Act No. 12 of 1990 (the Act) does not apply to workers
engaged in civil service, prison service and domestic service. While
recalling that only the armed forces, the police and public servants engaged
in the administration of the state can be excluded from the guarantees of
the convention, the committee requests the government to indicate the manner
in which the rights afforded by the convention are ensured for the
abovementioned categories of workers.

*Article *1 of the Convention. Protection against acts of anti-union
discrimination. The committee notes that section 75 of the Act provides that
any term or condition in a contract of employment, whether expressed or
implied, prohibiting an employee from becoming or remaining a member of any
trade union, or purporting to subject the employee to any penalty, loss of
benefit or detriment by reason of such membership, shall be null and void.
The committee notes, however, that according to section 73(1), not all
workers are entitled to a written contract of employment, this type of
contract being reserved for specific cases of employment, in particular,
fixed-term employment of six months or more. The committee requests the
government to indicate the way in which workers are guaranteed protection
against acts of anti-union discrimination in cases where the employment
relationship is not based on a written contract of employment.

The committee notes that Part IX, sections 109-125 of the Bill by which the
Act was introduced to parliament contained provisions on protection against
dismissal by reason of union membership or because of participation in trade
union activities, including strikes, and provided for compensation and
reinstatement as remedies for such acts. However, the corresponding
provisions are missing from the copy of the Labour Act adopted by
parliament, which the committee has at its disposal. The committee therefore
requests the government to transmit a complete copy of the Act.

 *Article *2. Protection against acts of interference. The committee notes
that there is no provision in the Act concerning protection against acts of
interference by workers' and employers' organizations (or their agents) in
each other's affairs. The committee requests the government to indicate the
provisions, which prohibit acts of interference (such as the establishment
or financial support of workers' organizations with the object of placing
them under the control of employers or employers' organizations) and
guarantee sufficiently rapid appeal procedures and dissuasive sanctions
against such acts.

*Article *4. Measures to encourage and promote the full development and
utilization of machinery for voluntary negotiation between employers or
their organizations and workers' organizations. The committee observes that
section 161 of the Act provides that voluntary agreements "may" be
registered by the Commissioner upon the application of both parties to the
agreement. Noting that the wording of this section seems to allow
discretionary power to deny registration, the committee recalls that the
registration of the collective agreement could be refused only if it has a
procedural flaw or does not conform to the minimum standards laid down by
general labour law. The committee requests the government to clarify whether
the Commissioner has indeed a discretionary power to deny the registration
of the agreement and if it is not the case, to indicate the criteria on
which the Commissioner should base the decision of non-registration, as well
as the reasons that have been invoked in the past to deny the registration
of collective agreements.

The committee notes that, according to section 168, in order to be
recognized as a sole bargaining, agent, a trade union must be registered as
"efficient", within the meaning of sections 128(5) and 142 of the Act (i.e.
the registrar should be satisfied that the trade union is and is likely to
remain independent and is capable of efficiently representing its members
and conducting the trade union affairs). Considering that provisions which
allow such great discretionary power to the registrar are contrary to the
principle of the autonomy of the parties in collective bargaining and
therefore are not in conformity with the convention, the committee requests
the government to repeal or amend sections 128(5), 142 and 168, accordingly.

The committee also notes that according to section 168, in order to be
recognized as a sole bargaining agent, a trade union should represent a
certain percentage of employees under a contract of service (30 per cent in
the case of a single union and at least 4 percent if the establishment in
question employs at least 100 people; in this case, the bargaining agent
could be composed of two or more trade unions). The committee recalls that
where, under a system for nominating an exclusive bargaining agent, there is
no union representing the required percentage to be so designated,
collective bargaining rights should be granted to all the unions in the
unit, at least on behalf of their own members and requests the government to
take the necessary measures in order to bring the legislation into
conformity with the convention.

The committee further notes that section 168(6) provides that an employer
may, if he or she wishes, organize a secret ballot upon receiving an
application to establish a sole bargaining agency. The committee considers
that the organization of a ballot for determining representativeness should
be carried out by the authorities or an independent party upon a request
presented by a union. The committee requests the government to amend section
168(6) in accordance with the above.

The committee notes that under section 167, a work committee could be set up
at an establishment where at least 100 employees are employed. The committee
requests the government to clarify the role of such committees and more
specifically to indicate: (1) whether trade union representatives can be
elected to such committees; and (2) whether these committees can negotiate
and conclude collective agreements even when a union exists in the
undertaking.

*Article 6*. The committee requests the government to indicate whether
public servants are granted collective bargaining rights and to specify the
relevant legislative provisions.

The committee trusts that the government will take all necessary steps to
bring its national law into conformity with the convention and requests the
government to keep it informed of any measures taken or envisaged in this
respect.




Kafuta's Citadel *Fabakary B.Ceesay & Nathalie Guerra*

Residents of Kafuta, Kombo East, have complained bitterly to *Foroyaa* about
the electric fence that has been recently erected at the M.A Kharafi Farm at
the outskirts of the village. The farm which is said to be more than 3
kilometres long and about 2.5 kilometres wide has been eclectically wired
with a fence that is about 2 metres high. The area has been electrified to
avoid penetration by uninvited people and marauding animals. This
development was made known to the villagers doing the last Friday prayers at
the main village mosque where it was announced that people should be careful
about their movements around the perimeter of the fence.

The announcement did not go down well with the concerned villagers, who
expressed shock and anger to Foroyaa reporters. One man, who was a victim of
the same farmland grading, said that they took their land and now they were
threatening them with death from the electrified fence. He described this as
inhuman. A worker at the farm stated that, they have to be always aware of
the electric fence. He noted that since the erection of the fence, there has
been no human or animal casualty but the idea of erecting the fence is
cruel.

However, the M.A Kharafi Company's Area Manager, Mr. Wolde Michael Miguele,
said he was not aware of the electric fence at their Kafuta Farm. He
directed our reporter to Boto Sonko, who he said is more suitable to answer
his questions.  However, he was quick to say that Boto travelled to Cuba.




"PLOTS ALREADY ALLOCATED CANNOT BE REVOKED," *Says Alkalo of Sukuta*

*By Fabakary B. Ceesay*

Buying and selling of empty plots in the Kombos has landed many dealers and
buyers in court. Recently the Alkalo of Sukata, Amadou (Soto) Cham warned
buyers that no purchased plot could be returned in request of money. The
Alkalo stressed that all plots purchased in Sukuta are verified and
authenticated by himself and he ensures that buyers have all the relevant
documents from him. "Soto Cham," as he is better known, made this warning
recently when a land dispute between a dealer and buyer, led to the dealer
being arrested and detained by a Police officer. It was purported that a
buyer had bought an empty plot in Sukuta Nema and later decided to revoke
the purchase and demand his money from the dealer and the landowner.
According to Alkalo Cham, the said land was sold on his behalf and the buyer
was satisfied with the location but later came back and asked to be
relocated.   "We took him to two different locations at Sabiji and Sinchu
Sori, but he insisted on having his money back." said the Alkalo. Going
further, the Alkalo said, "We told this buyer to wait until we resold the
plot to return him his money but he insisted and took the matter to the
Police." The Alkalo cautioned the Police not to involve themselves in land
disputes between buyers and landowners.




A POLICITICAL PARTY IN THE MAKING

Kebba Yorro Manneh (alias Kabou Nyancho) walked into our office on Wednesday
3rd May, 2006 to explain his intention to form a Political Party to salvage
the country. According to Kebba Yorro Manneh, the name of his party will be
National Salvation Party and that the Motto of the party would be: Unity,
Equity and Good Governance. According to Mr. Manneh, the symbol of his party
is a "Baobab Tree." He told this reporter that his party would be registered
and launch on Sunday the 7th day of May 2006 at Keseri Kunda in CRD.
According to Kebba Yorro Manneh, he decided to form this party because all
the parties in The Gambia are wanting, and that no party can address the
concern of the people. He called on all patriotic Gambians to attend the
launching. Officials of the Independent Electrol Commision have acknowledged
that Kebba Yoro Manneh has expressed interest in registering is party. He
was informed that certain requirements such as filling forms and obtaining
signatures that must be fulfilled before the registering of his party can be
considered.





*At The National Assembly*

*HALIFA ON THE PRESIDENT'S SPEECH*

*(PART 5)*

*By Abdoulie Dibba *

*On Incentives***

Hon. Speaker, on incentives as mentioned by the President, there is
absolutely no doubt that the current scale cannot serve as an incentive to
workers.  It is patriotism, Hon. Speaker that is keeping many people to
perform the type of duty they are performing.  To have a scale where a
qualified nurse and qualified teachers are receiving D1500 to D1600 which
cannot even enable them to buy a kilo of meat from that Hon. Speaker, is
clearly not an income for survival.  It is really an income for starvation.
That is really the situation for most people who are employed in the public
sector.  Many people are living from hand –to- mouth and life is becoming
increasingly difficult and Hon. Speaker, we as a society must address this
concern.   We must not just say we are trying.  Lets give time.  The reality
is that we must address the problem.  Hon. Speaker, if we look at the
quality of food that people eat in this country it is really
unpardonable.  There
is absolutely no doubt that what is seen as affordable rice when cooked and
left over night, gets rotten.  I have spoken with many women, and people can
do their own research.  There is no quality rice! And clearly Hon. Speaker,
the illnesses that the people are experiencing is very much linked to the
type of food that they consume
*On women *

Hon. Speaker, there is absolutely no doubt from all the statistics, that the
women bear the burden of the sufferings in this country.  If it comes to
water resources, the Kanifing Municipal Council area, for example you see
that water is not only inaccessible but because of the distance, it is real
drudgery for women.  Hon. Speaker, these women will go and quere up, at
times late at night just to prepare the ground to collect the water whenever
it is available.  Yet, we still claim that water is becoming easier and
easier for our people to get.  That is not the case Hon. Speaker, especially
for the urban area.

It is infact getting worst not only because of the distance, but now it is
not even available at certain times.  What is the problem? We are told that
generation capacity is increasing.  Why do we continue to have this
perennial problem that the women cannot have water? And they cannot even
take pipe borne water closer to their residence; that is a UN standard
requirement wherever you get water; it should not be more than 100 metres
from one's residence.   So it is very clear Hon. Speaker, that this is a
major problem for women in this country.  It is drudgery!

Similarly Hon. Speaker, we talked of gender mainstreaming.  But the
mainstreaming as we can see is a situation where even those in the public
sector are finding very difficult to earn an income to survive.  So even if
you are mainstreaming women, they are just going to be mainstreamed into
that poverty line.  And there is absolutely no improvement in their living
conditions.  What is also fundamental Hon. Speaker is the institutional
change.  They are talking about celebration and common of the
25thanniversary of the founding of the women's council.
Many women said that this is a period for stocktaking and I agreed hundred
percent that it is a period of stocktaking.  But in terms of institutional
building Hon. Speaker, it is very clear in the world today that you can
write all the conventions and sign and prepare all the laws and enact them.
But if you do not create the institution to ensure that they are implemented
then they are going to be mere laws.  What is important is to be able to
establish a women's commission.  Transform the women's Bureau, which is just
a tool of the executive into an independent women's commission.  Just like
an ombudsman.

A women's ombudsman! So that the women's commission will be responsible for
monitoring the implementation of all these conventions, taking reports of
all violations and being able to do something about it.  That's really what
is needed.  It is also important to go to the level of involving in the
commission must be completely depoliticized.  There are many women NGO's,
women societies, and associations.  The commission should be a forum for all
those women associations and women groups.  This is what would make the
institution meaningful.  This is when it would reflect the real concerns and
diversity of the groups of women from all angles; In terms of income and
interms of origin.  And by so doing, we would be able to have an institution
that can properly reflect and supplement the problem of women.  With this,
Hon. Speaker you would have an oversight institution that can safeguard
their interest.  And without that Hon. Speaker, we would just be celebrating
without ever achieving the purpose for which the celebrations were intended.





*A CALL FOR RIVER TRANSPORT*

The natives of the 26 harbour villages of The River Gambia have called for
the re-establishment of the River transport system to facilitate inland
navigation. The natives made this call during a conducted tour of the
coastal villages made by this reporter.

The interviewees threw light on the importance of river transport. Among the
interviewees are four elderly men and 6 women who told this reporter that
the river has been natives well before the coming of the Europeans. When
questioned on how the river was used for farming? The interviewees indicated
that in the past, during the rainy seasons, fresh water use to flow beyond
Kemoto and Albreda. They said during such periods, tidal irrigation enables
farmers to have a lot of water in the flood plains of the river and its
tributaries, which went far inland. it is purported that during those years,
fresh fish and reptiles like crocodiles hippo, tortoise were found in all
the coastal villages and places that have tributaries linking to natural
fish ponds. The interviewees further called on the Government to study ways
and means of removing the blockade in some of these tributaries by years of
draught. On the importance of the river in terms of trade, the interviewees
indicated that the use of river transport would not only make communication
easier and cost effective inland. They said river transportation will enable
farmers to transport agricultural produce to the urban area.

Foroyaa contacted an official of the National Museum and Antiquities. The
official said historical records have shown that that most of the coastal
trading centres were created between 1700 and 1800 and the records also show
that the European visitors to The Gambia and the Colonial masters had made
good use of The River Gambia in terms of transporting imported goods to the
inland and exporting goods to the mouth. He said River Gambia is vital to
all aspects of the nations economy, be it agriculture, trade, communication,
tourism and health. The official further indicated that towards the end of
colonial era. The FAO in 1963, concluded a study on the development of The
Gambia river basin by two specialists directed by the FAO Director General
at the time.

He indicated that the two specialists in submitting their report on the
implications of the economic and Agricultural integration of the development
potentials of The Gambia River recommended a 30 years development plan for
the river. The findings called for the construction of dams. He said the
creation of those dams could provide 100, 000 acres of land for farming,
create safeguards against salt instruction for 169, 000 acres and improve
the condition of an other 160, 000 acres. The official said the study have
it that several million kilowatts of electricity could be generated in the
process. The report had also made a recommendation for an inventory of the
basin's resources. He said the report was submitted to The Gambia and
Senegalese Governments in 1963. The Director of Ferries had informed Foroyaa
that the first river transport came to The Gambia in 1924 and that the first
vessels were Lady Victoria, the 21st, followed by Lady Denham, Fulladou,
Prince of Wales, Lady Wright and lastly Lady Chilel Jawara. On the live span
of the vessels, the Director indicated that each of the vessels had a life
span of between 15 to 25 years except Lady Chilel, which came in 1980 and
Sunk in 1984. He said each of the vessels had at least 20 cabins and had a
passenger capacity of 300 passengers with a capacity of several tonnes of
goods on deck. He added that Lady Victoria the 21st and Lady Denham used to
stop at Janjaburay (Georgetown) from Banjul.




HALIFA ON THE AMENDMENT OF SECTION 96

In registering his opposition to the amendment of section 96 of the
constitution to give power to the President to dissolve Parliament, the
minority leader, Hon. Halifa Sallah, indicated that they have gone through a
bye-election; so they (the opposition) are not afraid of bye-election. "Call
bye-election at anytime and we will go for bye-election. But the issue is
not about bye-election. The issue is one of principle. This constitution is
rooted on the principle of separation of power. If you talk of a crisis
emerging, how can a state operate without a National Assembly in the face of
crisis? Who will dissolve a National Assembly when there is a crisis? How do
you call for a state of emergency? It is stated in the constitution that the
President cannot call for a state of emergency without coming to the
National Assembly.  Who are the people that going to make laws in a state of
emergency if Parliament is dissolved? The National Assembly is suppose to
enact those laws in a state of emergency. So under what condition will a
President dissolve the National Assembly? We are not talking about crisis,
but willful decision of a personality by will to dissolve the National
Assembly. We cannot talk of national interest here, because the electorates
are wiser than their representatives and that is why they select different
representatives. That is why the constitution stated very clearly that the
sovereignty of The Gambia resides in the people of The Gambia from whom all
organs of government derive their authority and in whose name and for whose
welfare and prosperity the powers of government are to be exercised in
accordance with this constitution. "We derive authority from the people. The
people have a right to recall. If there was a bill here which showed us how
people are to recall their representatives, we would not comment. Any day
that such a bill comes here, we will support it. If you want, we would even
draft one and bring a members bill. We are afraid that the other side will
not support it, but if you give us courage we will do that in the next
session. Because that is power belonging to the people! But you tell us to
pass a bill that will give power to the President to dissolve Parliament at
any time that is going backward. Hon. Fabakary Jatta butted in: Hon Speaker,
"I want to defer from him on that, this side will also support that bill.
No! No! He cannot speak for this side.   We will also support that bill when
it comes to this Assembly."

Hon. Sallah responded, no quarrel. Thank you very much. We are moving
forward. We are together! Hon. Sallah then continued his contribution, "So
in that respect, we are totally opposed to this particular amendment for
Parliament to be dissolved at anytime the President so wish. It nullifies
the check and balance system and give authority to the President to muzzle
Parliament anytime that he/she so wish. Remember that it could be any
President. Here we are not talking about personality. We are saying any
person becoming a President. So when we are making laws, we must not see
that this is the personality there. Laws are not about individuals anybody
could be there! How would that instrument be utilized, you should bear in
mind. We have seen crisis in a certain country, because of this particular
provision. Their President tried to dissolve Parliament, Parliament refused
and they ended up having a constitutional crisis. Don't you know that! Close
to our border! They end up in an up rising until the whole sub-region went
to save them. Crisis between the executive and the legislature, we have
never had that here yet. So essentially, for us, this amendment has no
purpose. There is nothing that had been stated to show us that amending this
law has any relevance to the consolidation of our democracy. If it is for
national interest, what is that national interest going to be? Nothing has
been stipulated. Is all assumption! So in that sense Hon. Speaker, we
thoroughly opposed this amendment. and we hope history will have record of
our opposition to this amendment. And I would say that this National
Assembly has done well up to this day. Of course we have amended, and
brought back and amended, the protocol on the right of women, which is
coming back is a brighter example. Hon. Speaker, this National Assembly
would be indicted by history if it surrenders its power, unique power. This
provision is unique in many constitutions. It is a model in constitution
formulation. The best minds work to formulate this constitution and there is
absolutely no doubt in that we have experimented it and have not seen
anything wrong in it up to this stage. We are coming close to the end of our
term. What crisis has emerged that the President should have utilized the
power to dissolve Parliament? Where is the experiment? We have work with
this constitution and it work very well and now we come and say that we want
to venture into something else for no reason. Well may God help us all.
Amen. As I said, we are not afraid of election. Call it anytime and we are
ready! I don't know whether the executive have complied with section 226 of
the constitution. SOS Sheikh Tijan Hydara butted in:

We have complied! Halifa responded: Thank you. For the information of the
readers section 226 of the constitution reads: subject to the provision of
this section, an Act of the National Assembly may alter this constitution.

Subject to subsection (4), a bill for an Act of the National Assembly under
this section shall not be passed by the National Assembly or presented to
the President for assent unless before the first reading of the Bill in the
National Assembly, the Bill is published in at least two issues of the
Gazette, the latest publication being not less than three months after the
first, and the bill is introduced into the National Assembly not earlier
than ten days after the latest publication;

* *

*"FREEDOM OF THE PRESS IS ESSENTIAL FOR A STRONG CIVIL SOCIETY" *

*US AMBASSADOR*

*By Amie Sanneh*

The United States Ambassador to the Gambia, Joseph D. Stafford, has said
that freedom of the press is essential for a strong civil society and a
healthy democracy.  He added that it is crucial for independent media
outlets to have the freedom to promote peaceful expression and competition
of ideas without censorship or fear of reprisal.

The American Ambassador was making these remarks while honouring the press
at a reception organized by his institution in observance of World Press
Freedom Day or 3rd May 2006, held at his residence in Fajara.  Mr. Stafford
said that though the relationship between the government and the media is
sometimes controversial, both parties need to demonstrate good will
cooperative spirit in their relationship.  "While governments have the task
of respecting and upholding the people's right to a free press, it is
incumbent on media institutions to report news objectively, accurately and
responsibly," he remarked.

Ambassador Stafford quoted President Bush thus:  "we have no intention of
imposing our own style of democracy on other nations.  We do seek to help
others paid their voice, attain their own freedom, and make their own way."

This American Ambassador noted shows the importance of a free lively and
responsible press that informs and educates the public and provides a check
on power.  He added that citizen must have the ability to express themselves
and to debate alternative ideas.

"media institutions that are independent from the state allow the peaceful
expression and competition of ideas, on which democracy depends," he
posited.

Ambassador Stafford however paid tribute to media practioners and assured
them of his government's unflinching support.   Mr. Stafford also indicated
that in the promotion of freedom of expression, they promised to dialogue
with governments and others to provide training and material assistance to
media institution and to support and exchange between US and foreign media
representatives.



* *

*NIA DIAMOND CASE NIA DIAMOND CASE*

*By Fabakary B. Ceesay*

The protracted legal battle involving the six ex-officers of the National
Intelligence Agency (NIA) and the State has been adjourned to May 23rd,
2006. The state prosecutor, Mr. Zanahga and the prosecution witness, Dr.
Muhammed Zannon Alamin, were all absent from court. However, the defense
counsel, Mr. Jobarteh, told the court presided over by Senior Magistrate
Kebba Sanyang at the Kanifing Magistrates' Court, that he represented all
the accused persons except accused number two. Counsel Jobarteh appealed to
the court to dismiss charges and acquit his clients, as there is no "iota"
of evidence against the defendants. The Magistrate indicated that there
should be some communication between the court and the prosecutor to prevent
such absence by giving notice in advance.

The case was adjourned to May 23rd for the next hearing. **

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