Mr. Jallow, thanks for your contribution. I am glad that you have now
decided to participate in certain debates. We owe it to the Gambian people
to come out and publicly denounce Yaya and his callous government  in every
outlet we get. In my opinion, the members of the defunct PPP regime even owe
Gambians more of a duty to stand up against Yaya. You seemed to have taken
exception with a word I used in my posting about Decree 89 and Juwara's
call. I used that word deliberately, knowing that if misinterpreted, it can
hurt the feelings of PPP ministers that were banned. That word was 'meek'.
To show you how seriously I take my postings to the Gambia_L and elsewhere,
let me inform you that I looked up the dictionary meaning of the word before
using it. It means: 'exhibiting humility and patience. It can also mean
'easily imposed on and submissive'. I am glad that the choice of words had
the desired effect. Contrary to what you think, I have full knowledge about
what happened during the early stages of the coup. I am aware of most of the
troubles people like you went through. What do you expect from me? Sympathy?
I will never feel sorry for the PPP leadership. Out of the lot, you have
been the most principled and commendable in my opinion, but am sure even you
will agree that you guys could have done a lot better job. I think it will
be counterproductive at this stage to express all my feelings about the PPP
regime or engage in a debate about what could have been done. Am a firm
believer that the opposition should stick together until we get rid of Yaya.
I am also glad that you spelt out the crux of the Decree that banned you and
explained your reason for taking on the government the way you did. In the
face of a potential fine or incarceration, it is your prerogative to opt to
ask for a declaration voiding the law that could spell your financial ruin
or land you in jail. On the other hand, you could have defied the ban and
see if the government will take you to court. This is a tactical judgment
call. In other words, you had a number of choices when Decree 89 was
promulgated. You could have done like your other colleagues and simply sit
down and do nothing. You could have gone to court and try and nullify the
law; which you did. Finally, you could have gone about your political
business and see if the government will be able to apply this clearly
repugnant law against you. As you can tell, the latter situation is the
riskiest one. None of our leaders took that route. I am sure your advisers
counseled you to do that because legally it is easier to defend you in a
court of law if the government try to impose Decree 89 against you. You
clearly did have some little bit of faith in the judicial system because you
tried to use it to get a declaration. What stopped you from defying the
Decree and putting your fate in the legal system? So the point I was trying
to make the other day was, rather than being patient with the Yaya regime
(waiting for declarations) PPP politicians should have openly defied the
draconian Decree and make Yaya the aggressor. You had nothing to lose. You
(meaning PPP politicians) had already been jailed and know what it feels
like. Yaya already seized your properties and rendered some of you
destitute. Act like leaders and step to the plate. You chose to be
politicians and enjoyed the benefits that brings. So you should be prepared
to face up when the going gets tough. PPP leaders should not put themselves
in the same position as ordinary Gambians and say that because the general
public did not defy Yaya, OJ is sacrificing himself and his family if he
defies Yaya. With all due respect, it was your choice to be a PPP minister.
It should be expected of you to put yourself and your family on the line. If
you (political leaders) do not want that kind of responsibility, then go do
something else. Let me tell you what will probably happen if politicians
defy that clearly unconstitutional Decree. They will probably be arrested.
Their families will get a lawyer and get them bailed out of jail. The
government will probably try and get the courts to continue banning the
politicians while the matter is being litigated. The AG will try to drag the
case for ever. You might get a judge with sufficient integrity to throw the
government's case out on constitutional grounds. But even if you do not get
a judgment in your favor, you would have been seen as someone who is
prepared to put his liberty on the line for what he believes in. Rosa Parks
did not go to court to seek the nullification of the law that said that
blacks should sit at the back of the bus. She put her life on the line and
challenged America to try and impose that inhumane law against her. No one
can blame Nelson Mandela for helping to bring about Apartheid as people can
blame the PPP regime for helping to bring about Yaya. If Mandela is prepared
to spend 27 years of his life in jail for what he believes in, don't you
think the Gambian taxpayers should expect the PPP politicians to stand up
against Yaya? Now is the most opportune time to defy Decree 89, which is why
I echoed Juwara's call. How is the government going to justify prosecuting
OJ under the Decree and not prosecuting Buba Baldeh? Again, it is the
prerogative of PPP politicians to continue in this meekness. I just wished
that they had the same fear for jail and loss of possessions when they were
in office. It is also the prerogative of ordinary citizens like myself to
expect our politicians to espouse more aggressive tactics against Yaya.
Again, thanks for your contributions and I hope you will continue to speak
out against the tyranny back home.
KB



>From: Omar Jallow <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Mr. Mr Waa Juwara  urges others to defy ban
>Date: Thu, 9 Nov 2000 03:21:04 -0800
>
>  For the past eighteen months, I have been following
>with keen interset the debate and contributions in the
>  Gambia-L.Most of the contributors are doing a great
>job in the struggle to rid our country of dictator
>Yaya Jammeh.All honest and peace loving Gambians
>appreciate and commend these efforts.
>      Few days ago,there was a posting by Mr Dampha
>Kebba touching on the issue raised by Lamin Waa
>Juwara, who is asking all banned politicians to unbann
>themselves this call by Waa had been made on numerous
>occasions but I just  want to clerify a few issues.
>      It was very unfortunate that Mr Dampha called
>some of us "those meek politicians that let Yaya ban
>them should have defied the ban a long time ago.
>Instead of taking them to court to try and prove a
>negetive,they should have simply engaged in political
>activities and see if the government will take them to
>court".Some people,I belief are not very much aware of
>what happened in the early stages of the overthrow
>wheh things were not only hard but difficult and
>dangerous.I started challenging the AFPRC on the 1st.
>August 1994 and this was reported by the press
>although I was then in detention.For the past six
>years, I have called over 30 press conferences and
>written numerous letters to the then Chairman of the
>AFPRC and now to the Presidend( after the 1996 rigged
>elections)Because of these and other activities I took
>up,I was detained on eleven occation, and on the last
>time for 14 months.Through out this period no member
>of my family or my lawyer were allowed to visit me.At
>the same time my wife was detained on two occations by
>the NIA and many of my friends and family suffered in
>the same way.But this did not stop me from my
>continued opposition and outspokenness against the
>regeme and its leadership.
>        The decision for me to take my case to court is
>because I believe in the rule of law and hoped that
>the judiciary will not only be free and faie but
>independent.Most of the people whose rights were
>violated sought redress through the courts including
>Waa Juwara, Ousainou Dabo, Single Nyassi,etc etc.I
>thought we should exahust the legal process before
>thinking of alternatives.
>          Now to come to the point of defieng the
>ban,Decree 89 banned all former parties of the first
>Republic except PDOIS and the leaderships of these
>parties for life and who so ever violates the decree
>pays a penalty of one million dalasi or life in jail.
>At the same time the decree goes further to stipulate
>that any political party that allows any of the banned
>politicians to register with their parties or use
>their party platforms, the leader ship of that party
>is liable to the same penalty and punishment i.e.they
>pay one million dalasi or spend life in prison.
>           From the above,you can realise that the onus
>is not on the banned politicians alone but to the
>party that will take the risk because this can be a
>very good opportunity for Yaya to get rid of UDP or
>NRP  which I belief no right thinking Gambian would
>like to see hsappen at this stage.I have spoken to the
>press and the whole country knows that I openly oppose
>the regeme ,there fore it will be no problem for me to
>speak on a platform of any party.
>             In an event that some of us want to revive
>our old Parties, we need to go through the
>Independent Electoral Commissio. which is an arm of
>Yaya Jammen and according to the elections act it is
>criminal to run a party which is not legally
>registered by the IEC.
>               In present day Gambia,There is only one
>ruler. law. judge.and parliament and that is Yaya
>Jammeh period.
>             1)The house of Representative refuse to
>discuss the motion tabled by the UDP for the repeal of
>decree 89 becuse Yaya said so.
>              2)The Judiciary presently is an extension
>of the Executive and this is being manifisted daily eg
>My Lawyer launched an appeal for my case since April
>2000 but up to now  a date has not been fixed for
>hearing;the investigations into the April 10and 11th
>massacre;The Dumo saho case; The Koro Ceesay case;The
>arrests and detention and tourture of opposition
>members, journalists, students,etc etc.;the arrest and
>detention of Members of the House of
>Representatives,Chiefs, Alkalos.etc etc.
>                3) The numerous deffects and
>inconsintices in the national Constitution which could
>have been rectified by the judiciary who has the
>mandate to do so.
>                 4) The Independent Electoral
>Commission is an arm of the APRC and this is been
>manifisted in the total inaction of the IEC in the
>face of blatent violation of the electoral laws by
>Yaya and the APRC.
>               The political situation in our country
>,is of serious concern to all of us and all efforts
>should be made to bring all peace loving Bambians on
>board the freedom train. All Gambian,
>intelletuals,proffessional bodies, workers unions,
>teachers unions, students ect etc should put pressure
>on the government before it is too late. Coupled with
>this pressure let us all appeal to the international
>community to come to our aid and avert the catastropic
>consiquences that lie ahead if Yay continues to be at
>the helm of affairs.
>              The stuggle is a very hard one but I am
>confident that victory belongs to the Gambian people
>who are now crying for their freedom and liberty. For
>the time being, let us all try to respect each others
>views and contributions to the struggle no matter how
>small. Each cat has its own way of breaking a mice's
>head. The sruggle continues.
>             Omar A. Jallow (O.J.)
>              Dili, East Timor.
>
>__________________________________________________
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>
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