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From:
Amadu Kabir Njie <[log in to unmask]>
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The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Mon, 23 Aug 2004 10:10:29 -0500
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Foroyaa Newspaper Burning Issue

Issue No. 67/2004, 23-25 August, 2004

EDITORIAL

Expenditure on July 22nd Anniversary

10 Million Dalasis Plus

In an answer to a question raised by the Minority Leader regarding the sum
of money spent on the July 22nd Anniversary, the Secretary of State for
Finance and Economic Affairs indicated to the National Assembly that a sum
of 10 Million Dalasis has been spent from the government’s 2004 budget.

Foroyaa has been informed that the SoS maintained that expenditures are
still coming and the sum is likely to go beyond 10 Million Dalasis.  The
SoS did not mention any sum contributed by the Public Corporations.
FOROYAA had earlier been informed that the following public corporations
had contributed the following sum:

NAWEC                                  D2.5 million

G.P.A                          D2.5 million

Gamtel                         D2.0 million

GCAA                         D1.5 million

Social Security              D3 million

Foroyaa will follow up all developments regarding expenditure on the
celebrations so that the Gambian people will be able to gauge whether the
sum spent could not have been better utilize to ease the hardships of the
people.


BABA JOBE’S ASSETS
Halifa Sallah asks government to submit authentic resolution for the UN and
account for Baba Jobe’s Assets

The Secretary of State for Finance and Economic affairs submitted an
authentic document referred to as Security Council Resolution 1532 (2004)
to the National Assembly upon request by Halifa Sallah. He however felt
that it was the Secretary of State for Justice or the Interior who would be
able to account for the properties seized. Once such account is rendered
family members would be able to know whether the properties taken from them
are done lawfully or with impunity. Foroyaa will continue to monitor the
issue.



COMPLAINANT OF BRUTALITY MAY

APPEAR IN COURT
Seedy Fanneh, who regards himself as a victim of brutality at the Brikama
Police Station may appear before the Brikama Magistrates Court today
apparently charged with jumping bail.  Seedy said that he had already
reported several times to the Brikama Police Station after his arrest on
1st July only to be told to report at another time.

Seedy Fanneh (resident of Brikama Madina) claims to hail from Kiang Kaiaf
Village in the LRD.

Narrating his purported ordeal in the hands of the Police, Mr. Fanneh who
was suffering from trauma and terror, explained how he was confronted by
someone on his way to work on the 1st July 2004 at 12.00a.m, after making
comments regarding the Jarra West By-election.

Mr. Fanneh indicated that all his comments were directed towards the
results of the Jarra West By-Elections.  Mr. Fanneh said that all of a
sudden someone came from behind him un-noticed and grabbed him with force
and indicated to him (Fanneh) that he was under arrest.  He said he was
taken to Brikama Police Station.  Mr. Fanneh indicated that at the Station,
he was roughly handled by the Station Officer, that he was insulting the
President and the Police and was given the severest beatings in his life.

At this point, Mr. Fanneh could not hold the tears coming down from his
eyes, as he wept bitterly.  He removed his shirt and the scars of his
beatings were shown to me, which looked fresh on his body.

It took me some minutes before I was able to convince Mr. Fanneh to control
his emotions.  Mr. Fanneh then continued his narration.  He indicated to me
that the Brikama Police Station Officer used his truncheon to lash out
severe beatings on his back and sides; that he was completely
indiscriminate in the way he used his truncheon on him.  He said that he
was detained for Four (4) days before being granted bail.  After being
granted bail, Mr. Fanneh indicated that the Station Officer told him that
he would be taken to court and would be jailed for the rest of his life.

Mr. Fanneh also indicated that because of his detention he was dismissed by
his Mauritanian employer and lost his job, which was his only means of
livelihood together with his family.  Mr. Fanneh also indicated that he
went to Brikama Health Centre when he was granted bail to receive treatment
but was told that he should have been escorted by a Police instead of
coming by himself.  Health Department receipts were shown by Mr. Fanneh to
prove his reports and on one of his receipts. Paracetamol was among the
drugs prescribed for him, which he said, the Health Centre could not even
provide for him. He had to go to a Pharmacy to buy the medications.  He
also claimed that the Inspector seized his prescription.

Comment:

The matter has been taken up with the senior authorities of the Police
Force for investigation and action.  FOROYAA would report developments.
The Police Force is to enforce the law without fear or favour, affection or
ill will.  Police Officers have no right to punish an accused person who is
to be deemed innocent until proven guilty.  They are to use appropriate
force to bring a person to justice.  Once the person submits to arrest the
duty of a Police Officer is to protect the person, charge him/her and
ensure his/her appearance before the court within 72 hours or grant him/her
bail.  A Police Officer who tortures an accused person is guilty of taking
the law into his own hands.  Such a person becomes an outlaw in Police
outfit.  Such lawbreakers are not fit to enforce the law.



THE GAMTEL COMMISSION
The commission of inquiry set up by the government to investigate the
circumstances surrounding the missing three million dollars at GAMTEL, has
adjourned its sitting till the 31st of August 2004. The commission, which
is headed by the President of the Gambia Court of Appeal, Justice Gibou
Janneh was supposed to resume sitting last week. However, the commission
members decided to adjourn the sittings without advancing any reason.

Judicial sources have it that Justice Gibou Janneh will be out of the
jurisdiction for a period of one week. The latter was recently sworn in as
Chairman of the commission replacing Justice Ahmed Belgore. Justice Ahmed
Belgore had earlier adjourned the sittings till the 5th of October.
Following his departure to Nigeria on sick leave, the former was sworn in
as commission Chairman.



Trial by Military Police?

By Emil Touray

One Foday Sanyang who has a problem with a Sergeant of the Gambia Armed
Forces came to FOROYAA to narrate his ordeal.

Narrating his ordeal, Foday Sanyang who operates a telecentre in Latrikunda
Sabiji, said the Sergeant who goes to his telecentre regularly brought a
bicycle to his telecentre and asked him (Foday) to keep the bicycle for
him, because he (the Sergeant) wants to give it to a bicycle repairer to
sell it for him.

Foday was later asked to sell the bicycle at a price of D2,300.  But the
bicycle was stolen. He paid the Sergeant D1,500 but this did not resolve
their dispute.  The matter however did not end in a civil court.

Foday pointed out that the Sergeant later reported him to the Military
Police who issued a convocation dated 17th August demanding that he should
report to Yundum Barracks and failure to do so would result to his arrest
and detention.

"Conscious of the fact that I am not a soldier to report to the Yundum
Barracks, I consulted the Editor of FOROYAA, for advice. He called the
Armed Forces PRO and discussed the matter with him. The PRO suggested that
I go to the Army Headquarters. I went to the Army Headquarters, but I was
unable to see him. His subordinates took my complaints and ordered me to
report to Yundum Barracks, and there Sergeant Malang Jarjue was asked to
explain his side of the story which he did. However, I was not allowed to
explain anything. They only demanded that I should tell them when I would
pay the balance that triggered our problem. I kept silent for some time and
they threatened to detain me. That was the time I said I will pay D400.00
(Four Hundred Dalasis) at the end of this month and D400.00 (Four Hundred
Dalasis) at the end of next month," Foday remarked.

Comment:  Foday returned to FOROYAA’s Office from the Army Barracks.  We
got in touch with the Army Commander and he promised to look into the
matter.

Needless to say, only a Court or Tribunal established by Law is authorized
to conduct any trial. The Police are authorize to arrest and prosecute
suspects of crimes and are not competent to deal with civil matters. The
Sergeant has the right to take Foday to a Civil Count.



The Paul Commission
"AGRICULTURE NOT YET GIVEN MAXIMUM SUPPORT,"

FASAINEY DUMBUYA TOLD COMMISSION

Fasainey Dumbuya, a former Agriculture minister or Secretary of State under
the APRC government from 1998 - 1999 told the commission that Agriculture
as a key and backbone of the Gambian economy is yet to be given the maximum
support it requires to enable us to move from our present condition of
poverty to better living conditions. The former SoS made these remarks at
the close of his testimony to the Paul Commission’ when the Chairman of the
commission, Justice M.A. Paul asked the witness to briefly say his opinion
on how the Agriculture sector is being handled.

In advancing his reaction in response to Justice Paul, Mr. Dumbuya
said, "Honestly in my candid opinion I must say that the sector is really
under-supported. If not this country does not need to import rice, chicken
meat and other necessary food items with the potential and hardworking
farmers." Mr. Dumbuya cited the lack of proper crop marketing procedure in
this country for nearly a decade. This he said would continue to impact on
our economy for a long time. Mr. Dumbuya also further cited the issue of
fertilizer, which he said is another key factor in our Agriculture sector
because of the present conditions of our soil, "if we want to realize any
meaningful production," he asserted.

Mr. Dumbuya went further in buttressing the stand of Justice Paul that the
government cannot do it all alone; that the private sector has to come in
and help with some issues such as fertilizer and commercialization of
farming. He however indicated that for a long time now since the
establishment of private enterprises to deal with Agricultural inputs, they
are yet to cover the vast area of the country. This Mr. Dumbuya finally
asserted is the reason why fertilizer still continues to be an issue. He
opined that the issue of Agriculture has to be seriously looked into if we
are to make any meaningful national development.

In giving his testimony in chief, the witness said his names were Mr.
Fasainey Dumbuya, living in Banjulinding, Kombo North District of the
Western Division; that he had been Secretary of State for Agriculture from
22nd January 1998 - January 1999. He said prior to his appointment as SoS
he had been in Agriculture for 32 years, during which time he said he had
handled various positions before 1994. When asked to say the most recent
areas, Mr. Dumbuya cited the position of Deputy Director of Planning and
Project Coordinator of the Agricultural Services from 1996 / 97 to 97 / 98.

At this point Mr. Dumbuya in an answer to the State Counsel Fagbenle said
he had received a declaration form from the commission, which he filled and
returned. He was shown a copy of the form he filled which he confirmed; and
it was marked Exhibit A. When further asked if he had any further
information that he would like to add in connection to his activities, Mr.
Dumbuya gave information on his D60, 000 income from house rent for 2
years. He then continued to say that since leaving office, he had engaged
in poultry farming for only one year and since then he had not been engaged
in any gainful employment. Mr. Dumbuya opined that he was producing both
chicken meat and eggs but could not have market due to the high level of
imported chicken meat and eggs. On whether his appointment letters
indicated his monthly emoluments he answered in the positive. Mr. Dumbuya
produced three letters the contents of which were not revealed by the
commission. They were marked Exhibits B, C and D. He further went on to say
that as Deputy Director of Planning he had been receiving D2, 750; that as
Coordinator of Agricultural Services he was receiving D11, 000 including
allowances and that he is currently receiving D1, 700 as pension allowance.
For the total of his gratuity he said he was paid in Cheque and could not
remember the sum. He stressed that his travels as Deputy Director of
Planning were financed by CILLS. He further denied making savings out of
his per diems and that between 1996 and 1999 he had been banking with the
Continent Bank and Standard Chartered Bank.

On the total per diem he received from 1994 - 99, Mr. Dumbuya said because
he did not have it he had earlier applied to the state department but could
not lay hand on the records. He expressed that he would very much welcome
the intervention of the commission. The Chairman, Justice Paul called on
the witness to reapply through the commission. Mr. Dumbuya denied ever
applying for a plot of land from the state either in his name or his wife
and children. He however accepted ever receiving a building loan of D60,
000 which was deducted in full from his gratuity. On how long he had to
complete the construction of his house, Mr. Dumbuya said from 1977 to 1997.
On his earnings from his poultry farm Mr. Dumbuya said that he had earlier
told the commission that because of lack of market he had made losses and
decided to call it off.

Mr. Dumbuya finally informed the commissioners that since he left office in
1999 no monies were sent to him from outside in any form; that he owns a
compound and that the Agricultural land belongs to their father and is
leased in the Dumbuya family name. He also promised to supply the
commission with the details of his expenditure on the education of his
children. The commission ordered Mr. Dumbuya to bring his bank statements,
apply for his per diem, educational cost for his children and the transfer
of his private car, which Mr. Dumbuya claimed to have bought for D7, 500.

AMIE DRAMMEH BENSOUDA
The second witness on Monday 18th August 2004 was Mrs. Amie Drammeh
Bensouda, former Solicitor General from the PPP era to the early days of
the AFPRC preceding the military coup of 1994. She was initially in charge
of the Ministry of Justice and the Attorney General’s Chambers following
the ousting of PPP that led to the departure of Assan Jallow at the
Ministry of Justice before the appointment of Fafa Mbaye.

Amie confirmed and identified the receipt of a declaration form from the
commission, which she filled and returned. The form was tendered by the
State Counsel to the commission, Mr. Fagbenle and it was marked Exhibit A.
Madam Bensouda further informed the commission that she became Solicitor
General from 1991 - 1995 when she left on the 20th March. She also further
told the commission that even though it had been a long time and could not
have the records, she believes that her salary at the time was D9, 000. She
confirmed that after she left office from 1994 to the date, she traveled
only 4 times. While in office she was paid per diem. She further accepted
ever saving from her per diem, which she said was a trip to Washington, USA
where she lodged with a brother.

On her other sources of income between 1994 - 95, Madam Bensouda said she
had been renting out her town properties at the times; that her Essau one
was rented out to the health department at D37, 000 while the Fajara one
was for D50, 000. She said further that she had even once applied and had
state allocation. This she said is her Fajara property and denied ever
applying in the name of her children. On her sources of earnings since she
left office, Mrs. Bensouda said she had been in private practice; that
during the period of her private practice, she had purchased some plots of
land in Sanyang, Kololi and Brufut. She denied ever assigning a plot of
land in any of the places after the coming into force of the commission.
She also accepted owning a plot of land jointly with her husband for
Agricultural purposes and that plot was allocated to them through customary
tenure before 1994.

Amie however denied making any prepayments on the rent of her chambers for
private practice; that the furniture and computers with their materials
were all given to her on credit and payment was done by installment. She
said her only private car during her days, as Solicitor General was a
Renault 11, which she bought in 1987 and she sold it in 2004. On her having
dealings with KALIB SHOW, a nightclub in Bakau, Amie denied ever having
anything to do with them.

The commission then made the following orders to her: to provide her bank
statements from the period 1994 - 95; the transfer of all her plots in
Kololi, Sanyang, Tanji and Brufut; the documents on the assigning of her
Brufut plot, education expenditure of her children, etc.

TESTIMONY OF ASSAN SALLAH

Exactly one month after the commencement of the Paul Commission on Thursday
19th August 2004, the Secretary of State for Agriculture between 4th
January 2000 - 14th November 2002, Mr. Assan Gibril Sallah testified before
the commission. He admitted receiving a assets declaration form, which he
filled and returned to the commission. He also admitted working in the
government services before his appointment as Secretary of State.

Mr. Sallah further said that he voluntarily retired from government civil
service in 1993. He said in December 1997, he got an appointment with the
World Bank in Women in Development Forum auspices of the Women’s Bureau as
Project Coordinator. In January 1998 he took another appointment with the
Gambia government as Information, Education and Communication (IEC)
Coordinator for the Women’s Bureau. From August 1998 - April 1999 he said
he worked in Tanzania, in a project called Halifax Project. In May 1999 he
worked with the Health Project, Participatory Adviser and IEC Coordinator;
that after his appointment as SoS he did not have any other job. He further
said that from January - February 2003, he worked for SAHEL. He said as IEC
Coordinator he earned D5 – 6, 000.00 monthly. He said before he left the
project in 1997 he was earning D7, 000.00 monthly. Mr. Sallah said when he
retired he was paid gratuity of D39, 000.00 and his pension per month is
D1, 079.00. Mr. Sallah told the commission that his international
(Tanzania) contract’s monthly emolument was $2, 000 and $300 for his
accommodation. As Coordinator at the Women’s Bureau he said he was paid
Grade 9 salary (something like D2, 000.00 monthly). Mr. Sallah said when he
was coming back from Tanzania; he came back with $5 - 6, 000. He explained
that he used to send money to his family for feeding when he was in
Tanzania.

Mr. Sallah said his monthly emolument, as SoS was D13, 000.00 including his
allowance. As a Consultant he said he was paid D80, 000.00. He said since
January 2004 - August 2004 he saved nothing more than D200, 000.00. He said
since 1994 his other sources of income includes farming, which he said is
in the Fonis and after harvest he sometimes sells it to the cooperative
seccos in that particular area. He said from 1998 to  1999 he farmed at
Karantaba in the CRD. He further explained that in 2003 he had 2 tonnes of
groundnuts and after selling them he gained D15, 000.00. In 2002, he said
he had little below 2 tonnes that amounted to D10, 000.00. In 2001 he said
he had about 12 tonnes amounting to D17, 000.00. In 2000 he had 5 tonnes or
D10, 000.00. In 1999 he said he had the same amount as the previous year.
Mr. Sallah described 2001 as his best year as far as farming is concerned.

Mr. Sallah said he took four (4) loans from the bank when he was SoS, and
that this was not in the form of mortgage. He explained the way he took his
loans stating that it was paid within ten (10) months, because according to
him the one-year loan from the bank was expensive for him. Sallah denied
having any share from any institution, company or bank. He said that when
he left office as SoS, he needed his own private car; that his brother-in-
law, Lamin Kanyi, his wife and Modou Jobe sent him money in 2002, which he
used to buy his two cars. He said the cars are the Mercedes Benz and
another car used by his children; that the car costs were D68, 000.00 and
D11, 000.00 respectively and were bought in 2004.

Mr. Sallah further said that he has two (2) daughters in the UK, who he
said sent him D50, 000.00 through BAYBA Express. He said this was when he
was constructing his building and this was their contribution. Mr. Sallah
said last August he sold five (5) animals from his poultry farm, which
amounted to D25, 000.00.

Mr. Sallah admitted travelling when he was SoS and used to save something
after his official trips. He said he used that money to buy cows and at
times spent it on political activities, but the money does not go to his
account. He was given seven (7) days to bring his official per diem
receipts for the commission.

Mr. Sallah said he is not responsible for anybody outside The Gambia. He
does not have any business in or outside The Gambia. He was given a paper
to write down his children’s names, the schools they attended and fees per
term from 1999 - 2003. he also told the commission that between 1994 to
date he applied for one plot of land and was on the 1st October 2000
allocated one in Bijilo. He denied applying for his wife and children and
that none of them was allocated. Mr. Sallah pointed out that from 1994 to
date he bought three (3) plots of land. He said the first one was bought in
1996 in Lamin Daranka; that the second was bought in 1998 at Lamin Lodge
and the third one was between 1996 – 98 at the Lamin Quarry; that they
cost him D9, 000.00, D4, 000.00 and D2, 000.00 respectively. Mr. Sallah
further revealed that the property in Daranka has not been developed up to
now; that the one at the lodge has two (2) bedrooms and parlour built there
at a tune of D10 - 15, 000.00 and that he is planning to fence it; that the
one at the quarry has a bedroom and a parlour built there worth D5, 000.00.
He said he bought the land where he is presently living in 1980, finished
construction and moved there in 1984. Mr. Sallah said he was in the USA
from 1981 - 84. He also said that his second building was in 1993 and the
third (3) one is still under construction; that his building construction
cost him precisely between D250,000 - D300,000. He said his Bijilo property
is fenced and that he spent D20, 000.00 on it. He also said his wife bought
a plot of land in Lamin for about D85 - 95, 000.00, but stated that he does
not know how much was spent on the one at Yundum because that one was
inherited from her father. He said his wife is working with a construction
company, and that the plot in Yundum is not yet developed.

Mr. Sallah went on to say that at his farm in Karantaba, CRD he has sheep,
goats and a herd of cattle; that he has two (2) herdsmen to look after the
cattle and he pays them each D350.00 and D400.00 monthly. Mr. Sallah said
he spends D5, 000.00 per annum on drugs for the cattle.

Mr. Sallah said he bought another private car in 1995 'Renault 18' for less
than D30, 000.00. He said he also worked as a Consultant for ADCO. He said
he has a bank account with the Continent Bank opened in 1995, a current
account with Trust Bank opened in the 70s, savings account with Arab Gambia
Islamic Bank (AGIB) when he was SoS, because it was where his salary was
paid and that he also banks with the VISACA Bank. He was given seven (7)
working days to bring his bank statements and ten (10) days for his VISACA
bank statement. He denied receiving any query on misappropriation of funds
when he was SoS.

The Chairman asked whether he once received query on government not buying
farmers’ groundnuts he replied that government does not buy groundnuts from
farmers, but creates a conducive environment for buyers and sometimes if
buyers face financial constraints, then government supports them and that
is natural.

 PAP CHEYASSIN SECKA

 The next witness to testify was the former Attorney General and Secretary
of State for Justice and National Assembly Affairs, Alhagie Pap Cheyassin
Ousman Secka. He admitted receiving an assets declaration form, which he
filled and returned to the commission.

He said he was appointed SoS from the 9th March 2000 - 30th January 2001.
He said between 1994 - 2000 he did not hold any position in the government.
He said before his appointment he was a private legal practitioner. After
his term of office as SoS he did not hold any government office. He
revealed that he is now engaged in real estate, conveyance and farming;
that since he left office as SoS he did not return to his legal
practitioner field. As SoS he earned D17, 000.00 as monthly salary. During
his term, he said apart from his monthly salary he did not have any source
of income. Asked where his clients used to pay him, he said his clients
used to pay to lawyers who took his cases after his appointment. He said he
had no share or dividend in any institution, company or bank. He denied
engaging in timber, sand or gravel business. He also said he does not have
any fixed deposit or treasury bills. He denied owning shares in any
company. He also denied receiving any loan or overdraft facilities from any
bank. He further denied receiving financial assistance in or outside The
Gambia. Mr. Secka said neither his wife nor his children benefited from any
financial support in or outside The Gambia. Mr. Secka described his wife as
a simple housewife. He admitted travelling when he was SoS. He denied
saving a single Butut after his official trips. He also said all his
farming activities took place after his term as SoS. Mr. Secka further said
after he left office, his wife set up a commercial business in 2003.

Mr. Secka said in July 2001, he spent D200, 000 - 300, 000 on his Real
Estate Conveyance and Farming (RECF). RECF is called Cheyassin Company
Limited and was set up on the 6th April 2001. He explained that he
established this business for his children, stating he is just running it
on their own behalf.

He said his personal account with the Trust Bank Serrekunda Branch was
closed on the 10th October 2002. Mr. Secka said he is the Chief Executive
Officer (CEO) and the Chairman of the Board of Directors of the company,
while Mr. Kutubu Sanneh is the General Manager; that the two of them are
signatories to the company’s account. He said in December 2002 Cheyassin
Co. Ltd sold about 1000 rams of sheep; that they are currently have nine
(9) herds of cattle. They grow corn, beans, cassava, melon, groundnuts, etc
on the farm. Mr. Secka said in January 2002 their overall turnover was
D300, 000.00. He said the company has two (2) Tipper trucks, which carry
sand and gravel and most of the time the company uses it at their disposal.
Mr. Secka revealed that between April 2001 - December 2001, the company
made a profit of nothing more than D30, 000.00.

Mr. Secka further revealed that his wife acquired her first commercial
vehicle on the 23rd September 2003. He also said he bought an ewe costing
D3, 000.00, a one year bull costing D3, 000.00 and another lactating ewe at
D6, 500.00. In April 2004 he bought a ploughing cattle at D14, 000.00. In
2002, he bought 30 goats at 2 million CFA and later sold 20 of them. Mr.
Secka did say that in the same year, 2002 he spent D2, 000.00 on seedlings
from his uncle for his farm.

Mr. Secka further told the commission that he had set up a centre called
Cheyassin Law Centre in 2001. He said when he was in office as SoS he
opened an account at the Arab Gambia Islamic Bank (AGIB) where his salary
was put. But he added that before his appointment he was banking with Trust
Bank. He said the AGIB accounts were savings and current accounts. He said
he has no foreign account. He said the account he opened in October 2002
was closed in 2003 and was reopened again this year. Mr. Secka said he has
not opened or maintained any account for his children. He also said he
bought a property in Tujereng in 2003. Mr. Secka finally said he never
applied nor was he allocated any official plot of land when he was SoS. The
sitting was adjourned till Monday 23rd  August 2004.



COUNCILLORS SPEAK OUT

Since after the local government elections of the 25th April in the year
2002, there has been no specific salary for the councillors and
chairpersons, up till now. According; to some of the councillors in C.R.D.
They are now wondering how to get their salaries. They also pointed out
that since the Bill was passed in the national assembly over two years ago
no reason has been given as to why they’ve not been paid or whether or not
they should or would be paid. The councillors who spoke to this reporter
indicated that their responsibility is more than the role of the
chairpersons and MPs. They said that the one thousand dalasis given to them
cannot even solve their problems much more enable them to go round their
wards so that information can be collected. They also mentioned that among
them, there are people or councillors who left very good jobs to work for
their people but that they cannot still make ends meet for themselves and
their families.



FOCUS ON CEDAW

Amie Sillah Reporting
ARTICLE 5

Action By Government To Modify Cultural Patterns That Discriminate Against
Women

In the area of family education and the recognition of the common
responsibility of men and women in the upbringing and development of their
children, it is traditionally believed in The Gambia that child rearing is
the responsibility of the mother. As a result men leave this difficult task
on the shoulders of the women. In most cases the men seldom stay at home to
see to it that their children are taken care of. However efforts have been
made to improve the status of the family and to improve the quality of life
of families, with both men and women playing an active role in the process.
The government of the Gambia with funding from UNFPA, has introduced the
study of population and family life education into the formal education
system of the country. It is hoped that with the introduction of such a
subject in the school curriculum boys and girls would be reoriented to
abandon predetermined sexually stereotyped role behaviour and false
concepts of inferiority and superiority of either sex. This new orientation
should help them know how to behave towards each other at home and at
school and to prepare them for the realities of adult life.

From the forgone, it is clear that a lot needs to be done to fulfill the
obligations under Article 5. Non fulfillment of this Article would mean
that women of the Gambia would forever remain to be dominated by men. It is
therefore important that the customary laws and practices that are
discriminatory against and harmful to women are thoroughly reviewed with a
view to making them more suitable to our needs.



ARTICLE 6

Traffic And Prostitution of Women



This article calls for measures primarily directed against those who profit
from the exploitation of girls. It provides thus: "state parties shall take
all appropriate measures, including legislation, to suppress all forms of
traffic in women and exploitation or prostitution of women".

The Gambia Government’s commitment for the protection of women against
immoral practices is given expression in various legislations. With respect
to prostitution, Section 129 of the Criminal Code Cap 10 Vol III 1990 Laws
Of The Gambia provides that "Any person who procures or attempts to procure
any woman or girl to become either in the Gambia or elsewhere a common
prostitute is guilty of misdemeanor." Also section 134 of the Criminal Code
Cap 10 Laws of the Gambia grants power to a parent, relative or guardian to
search any premises where a girl is suspected of being "Detained for the
purposes of being unlawfully and carnally known by any man." It is also a
criminal offence under Sections 135 (1) and 136 of the criminal code for a
male or female to live wholly or in part on the earnings of prostitutes or
to persistently solicit or importunes for immoral purposes. The punishment
for the aforementioned, which deals with the exploitation of prostitutes,
is imprisonment for a term not exceeding three years.

Prostitution itself is criminalized by virtue of section 166 of the
Criminal Code Cap 10 Laws of the Gambia, which provides that "Every person
who in public persistently solicits or importunes for immoral purpose shall
be deemed idle and disorderly and shall be liable to a fine not exceeding
twenty dalasis or imprisonment for a term of one month or both such fine
and imprisonment."

The Gambia is a small closely knitted country. There are more Muslims than
the other faiths. Although the country is deeply rooted in traditional
values the booming tourism industry coupled with extreme poverty have lured
young girls into prostitution for quick money.

Incidents of rape or violence against prostitutes often go unreported, this
may be largely due to the fact that because societal norms and values, the
society would not reconcile how a prostitute can complain of being raped.
Where however there are cases of violence, the law enforcement agencies
would take action irrespective of the complainant’s profession.

With the increase in HIV/Aids awareness, prostitutes are regarded as the
most vulnerable group. Leaflets have been distributed in the local
languages advising prostitutes to ensure that their partners use the
condom. The Department of state for Health in collaboration with the UNAIDS
has launched a number of programmes aimed at sensitizing the public and
especially sex workers on the dangers of unsafe sex.

Even though the law to some extent criminalizes the concerns raised in this
Article, the penalties provided need to be thoroughly reviewed. Studies and
research would so be conducted to find out the social causes that drive
women into prostitution. This could be a more effective means of solving
the problems than mere criminalisation. It is however hoped that with
education, and increased awareness and equal access to all social and
economic facilities and benefits, women would be adequately empowered to
enable them engage in decent means of earning a living and move away from
vices like prostitution.



Article 7

Participation in Public and Political Life

This is in recognition of the fact that it is a fundamental principle that
real equality requires that there be an equal opportunity requires that
there be an equal opportunity to influence Law and Policy, to ensure that
matters of concern to women are accorded proper priority and are dealt with
themselves.  The Article provides thus:

"State Parties shall take all appropriate measures to eliminate
discrimination against women in the political and public life of the
country and, in particular, shall ensure to women, on equal terms with men,
the right

a)         to vote in all elections and public referenda and to be eligible
for election to all publicly elected bodies;

b)         to participate in the formulation of government policy and the
implementation thereof and to hold public office and perform all public
functions at all levels of government;

c)         to participate in NGO’s and Associations conceived with the
Public and Political Life of the country."



This Article reaffirms the principle that women have the same political
rights as men.  Even though legislation in respect of voting rights does
not discriminate women, in The Gambia women view themselves as supporters
rather than active participants.  Prior to the year 2002, only one woman
had ever contested and won in a parliamentary election.  Over the years few
women have been nominated as members of parliament by the First Republican
government.  They could not effect any changes by virtue of the fact that
as nominated members, they lacked voting rights in Parliament.

At the time of 1994 Military Takeover, there was no female member of
cabinet.  Following the 1996 National Assembly elections there was only one
female Nominated Member of the National Assembly, out of an Assembly of 49
members.  This was rather strange considering that women constitute over
32% of Gambian nationals who are eligible to vote and be voted for.  They
formed the majority of registered voters in all divisions with the
exception of Banjul and Kanifing.  There were 243,527 female registered
voters during the elections, which led to the Second Republic.  This
constituted 54.8% of the total registered voters but there were no female
presidential candidates.  The only woman who contested for a parliamentary
seat lost the seat to a male contestant.  As indicated under Article 4
significant studies have however been made in the recently concluded
National Assembly Elections (17th January 2002), when five women
participated as candidates, three were elected and two lost.  This is
indeed a major break through and it will hopefully signal the dawn of a new
era with regards to women’s participation in the political life of The
Gambia.

The Independent Electoral Commission have revealed that presently, women
constituted 55.8% of registered voters where as men constitute only 44.5%.
This in essence means that, even though women still constitute the majority
of registered voters, they have not attained the required level of
awareness to appreciate the need to first of all, support and vote for
their own women folk, and secondly, to participate actively by contesting
for more seats in the National Assembly.  Furthermore it is important to
note that to date no woman has ever contested as a Presidential Candidate.

Significant studies have also been made at the policy making level.
Presently there are three female members of cabinet and all these women are
entrusted with key and pivotal Departments of State.  For the first time in
the history of the Gambia we have a female Vice President (also responsible
for Women’s Affairs).  In addition the Secretaries of State responsible for
Education and Fisheries and Natural Resources are also female.  The Deputy
Speaker of the National Assembly is also a female.



LACK OF POLITICAL MATURITY AND A GROSSLY MISMANAGED ECONOMY

A cankerous government, characterized by political immaturity, gross
mismanagement of public funds, political intolerance, rampant corruption,
misplaced priorities, unfulfilling promises and rule of law, and having
dictatorial tendencies against the backdrop of an ailing economy, only
deserves to be replaced by a credible responsible government which shall
urgently address the political and economic situation of this country.

Since the 22nd July 1994 coup d’etat, I have been watching with great
intent the political and economic developments unfolding in this country.
But, what I have seen so far as we celebrate the 10th anniversary of the so-
called 22nd July revolution is both disgusting and pathetic.

One would have thought that as the years went by, our self-righteous
leader, Dr. Alhaji Yaya A.J.J. Jammeh, would have graduated and matured to
a healthy democratic leader. But, alas! He still has a long way to go, with
all the political and economic discourse on the ground from all quarters,
especially by Halifa Sallah, who has written countless open letters to him,
together with the invaluable contributions by some political heavyweights,
media houses, and well meaning Gambians, to address the political and
economic issues of the country, by offering numerous pieces of advice to
Jammeh, to redirect the course of our national ship which was heading for
the rocks. Since a deaf ear was given to these numerous calls, massive
economic hardship and political misdirection became by-products of the
indifference shown to the recipes provided.

 They hurriedly engaged in some projects like the Arch, airport, schools,
roads, etc to bamboozle the populace to enlist their support, leaving us
heavily indebted. This was why the common multitude unreservedly rushed
headlong to give their full support to the APRC, not knowing that they
would soon start swallowing some bitter pills as we are now experiencing,
making true the saying that ‘All that glitters is not gold’. While many
people were enumerating the multiple projects built, the economy was lying
on a sickbed and beginning to die. To the lay mind everything was going
fine, but to the critical mind things were not as rosy as they seemed to be
because of the looming disaster.

A friend of mine told me at a time when the cost of a bag of rice was
D150.00 that we would soon buy a bag of rice for D300.00 which I disputed
then because of an uncritical mind. I thought and said, ‘Here we have
soldiers with a difference, so therefore things are going to "bloom and not
gloom."’ My friend’s prophecy has now come to pass. It is not D300.00 we
are now talking about for a bag of rice at D600.00. What an incredible
leap! My friend saw the looming disaster from afar, which I could not
fathom at the time.

 In fact, patriots have since the time the soldiers took the reins of power
been providing a whole lot of guidelines for the leadership to follow.
Rather than the president seeing the opposition as partners in development
he was seeing them as antagonists and was not making use of their ideas. A
deaf ear was given to these numerous prescriptions kindly offered by these
selfless people free of charge, just because they love the country and want
to see the country enjoy democracy, good governance, the rule of law,
respect for human rights, political sobriety, and above all economic boom
not economic doom! Had President Yaya Jammeh and his government followed
the advice of these patriots, this economic disaster could have been
averted!

 How many millions of Dalasis have been used to build the ‘Kanilai Empire’?
And what about the Youth Development Enterprise (YDE) which the president
openly admitted owning? The president did not even know that he was signing
his own death warrant. Where did he get the money to establish such a multi-
million dalasi company?

So Mr. President listen to the selfless patriots, and accept the truth they
teach if you are not haughty with pride. These people you are castigating
surpass you in knowledge, honesty, honour, dedication, patriotism,
truthfulness, respect for human rights and the rule of law, which you have
failed to champion.

If President Jammeh came as a saviour, then we shall obviously look for
another Moses to save us from all the deadly economic viruses which his
government has plagued us with. The soaring cost of living, which has
tripled or quadrupled in just a short time, is a bright example of his
government’s failure to better the lives of the Gambian people they have
ostensibly come to rescue. Added to those woes are the stagnant salaries
and the unavailability of jobs. Is this what we bargained for? Certainly
not!

And Mr. President is blaming other people especially businesspersons
including his former associate Mr. Baba Jobe as architects of the economic
malaise or malady, using them as scapegoats.  Mr. President, by your
refusal to take responsibility for your government’s failures in creating
this economic hardship and shifting the blame to other people’s shoulders
with you at the helm would you by the same token absolve Sir Dawda and his
former government from all blame? You see, Mr. President there is a saying
in Wollof thus: 'Whoever cannot do it, and does not leave it to those who
can do it, whatever is spoilt you should personally accept full
responsibility'. This is exactly the situation in your case. How can you at
the helm dodge responsibility because things have gone sour? Please accept
responsibility to be fair with your conscience. Do us a favour and resign
and give way to someone who can do the job.  It is heartbreaking to learn
that whilst we are talking about this economic hardship and how to address
it, the president has spent millions of dalasis on the July 22nd
celebrations.  How can such a colossal amount of money be spent lavishly
like that in the name of celebrating July 22nd without ploughing back any
returns? This much needed cash could have been spent on much needed
projects, as the country is cash starved.

Aside from this corruption business and economic mismanagement, the
president sees himself as God-sent, and sometimes pretends to possess some
divine and mystical powers, and pretends to see into the future. Imagine
his ridiculous remarks that the opposition will never rule this country at
least for the next 100 years. It beats my imagination that such a careless
statement is issued from the mouth of no less a person than the President
himself. He even vehemently swore by Allah and said he knows why he said
so. Does he even know what will transpire in the next minute, much more 100
years to come?

Another stunning remark made by him is that since the people of Basse
refused to vote for him, that’s why they are experiencing some natural
calamities such as floods, violent winds etc during the rains as punishment
from God. If what he has said is anything to go by, why didn’t the people
of other constituencies who didn’t vote for him suffer from the same
consequences? This certainly gives the untruth to his claims.

What happened to the Mandinaba-Jarra Soma road construction, which started
about 2 ½ years ago but was suddenly halted few months after it took off?
We all know that it was lack of funds that made work stop. What happened to
Allah’s World Bank where our president claimed to be was getting funds
from? Remember, he used to say that he was getting funds from Allah’s bank,
when asked the sources of the funds.

Coming to the Wuli scenario, an interesting remark, which he made, leaves
me with the notion that the president really thinks that as president he
owns the country and her peoples together with the state resources. This is
certainly no joking matter! I mean it is the stark reality! His revelations
give substance to my notion. He began by praising the school children and
the women folks for welcoming him. He said if it weren’t these people, he
would punish the people of Wuli by denying them social services, and even
to the extent of removing the services already provided. That is not a
responsible statement! Mr. President, you see, the funds used to provide
these services do not come from your pocket. It is taxpayers’ money! Your
government is just a custodian of the state resources to provide essential
social services to any area or areas without regard to their political
affiliation. You are bound by law to provide such social services to areas,
which do not support your government if they needed such services, as you
should not discriminate. It is their constitutional right! Remember that
you swore to uphold and defend the constitution ‘without fear or favour,
affection or ill will’. Mr. President, if you at the helm make a mockery of
justice and the constitutional provisions which you continue to flout, and
which you swore to uphold and defend, then who are we supposed to look onto
to cue from to observe the rule of law, which you always talk about, but
which you continue to flout.

Mr. President, why is it that sometimes when you are in an ecstatic mood
you  make certain pronouncements, which you later try to retract when the
bullet is already fired? Please think carefully before you make such
pronouncements as nobody is twisting your arm to make such pronouncements.
Remember that towards the last election you said that you would electrify
98 % of the whole country to everybody’s hearing, and if you didn’t do it
let people not vote for you during last election.  Later on, Mr. President
said he didn’t say the whole country but Greater Banjul Area.

Remember also that

Remember also that several years ago you vehemently promised that within 2
years electricity problem would be a thing of the past. You even brought
the energy portfolio under your high office. Instead of the electricity
problem being alleviated, it has aggravated. We are still waiting
impatiently for this promise to materialize, which is long, long overdue.

 Why doesn’t Mr. President dwell on the real issues, which are seriously
affecting our lives? If he has nothing more to offer Gambians but to engage
in trifles, let him stop talking. If he is talking about tribalism as a
disease, and he himself is sowing the seeds of tribal discord, can we
therefore take him seriously?

The president and his supporters should know that the people own
themselves, and their destiny lies in their own hands. This is clearly
manifested in the Jarra West by election, where the Coalition gained
victory after all the threatening statements the president made. This
should send clear signals to Yaya Jammeh and APRC that the people cant be
fooled or bought by money anymore. They should revisit their policies.
Otherwise they will not make any gains in the coming elections, which will
be their demise.

Mr. President, we, the people, are listening and recording your every word
and action. The days of reckoning are nigh! Because political power belongs
to the people, and to only the people does it belong!

By Ebrima Camara

London Corner

Serrekunda.

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