Let me throw some light on the issue concerning the
seizure of my passport by the Gambian Authorities.  In
September 1994 my passport was siezed and I was not
allowed to travel out of the Gambia until May 1998
when the passport was returned to me.

Since then, I have just like other citizens used the
passport to travel out side the country on serval
occasion on various missions.

I am presently the leader of the Peoples Progressive
Party (P.P.P.) which is an opposition party in The
Gambia.  Recently, I was in my personal capacity
invited by the Commonwealth Secretariat to be part of
Zimbabwe  Election Observe Team.  I joined the team
and shortly after my return from Zimbabwe my passport
was impounded by immigration officials.  They did not
give me any reasons for doing so.  I have no reason to
suspect that they have cause to impound my passport.

As you may know I have been charged by the State for
assault and the matter is before the Magistrate Court
at Kanifing.  I am on a court bail and have a legal
team representing me.  I have no problems with the
court, in fact the prosecution has been delaying the
proceedings.

As I am on a court bail, it is only the court that can
revoke the bail or subject me to other conditions that
the court deems fit under its jurisdiction.  Therefore
the Police or Immigration have no right to interfere
with me or the court proceedings at this stage.  Since
my return, there has been three court sittings and
everything is moving smoothly.

My lawyer has already written to the Director of
Immigration protesting the seizure of my passport and
demanding that it be returned.  From my experience
with this Government it is very unlikely that they
will act on the terms of that letter.

The Constitution of The Gambia has a Bill of Rights
Chapter which entrenches the freedom of movement of
the individuals.

Inherent in every right of movement is the right to
hold a passport to ensure freedom of movement either
within or outside the country.  The seizure of my
passport is clearly a violation of my right to
personal liberty, freedom of thought, freedom of
expression and freedom of movement guaranteed by the
Constitution of the Republic of The Gambia 1997.  Even
though it is stated on every Gambian passport that the
said passport remains the property of The Gambia
Government, the distinction between holder and owner
is a dim one.  My passport cannot legally be impounded
just because it is the property of The Gambia
Government.  It has been held in other jurisdictions
that not even a police state can justify the arbitrary
seizure of one's passport for no reason other than it
being a state property.  To impound a passport,it must
be in accordance with legal prescriptions recognised
by every civilised society, and such legal
requirements must meet the minimum standards set by
our Constitution.  In my case the Government had
woefully failed again to apply the law.

I declare that I am a victim of the State because of
my political beliefs, and the sseizure of my passport
has delimited or abrogated my right to hold a passport
and to move freely. Omar A Jallow (O.J.)

__________________________________________________
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