I can't believe my eyes. This is outrageous. On top of your clear
condemnation of these draconian laws through this letter I would urge you
(if you have not done so already) to file a lawsuit before the courts to
declare this piece of trash unconstitutional. Like you said, this has no
place in a civilized society. All you Yaya sypathizers do you think these
are the actions of a remorseful leader who is in search of the truth? WE
MUST GET RID OF THIS CANCER BY ANY MEANS NECESSARY.
>From: foroyaa <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: THE NEED TO TAKE TWO STEPS FORWARD INSTEAD OF ONE STEP BACKWARD
>Date: Fri, 5 May 2000 15:15:51 +0100
>
>3 May 2000.
>
>
>President of the Republic,
>State House,
>Muamar Ghadaffi Avenue,
>BANJUL.
>
>
>
>Secretary of State for Education,
>Department of State for Education,
>Bedford Place Building,
>BANJUL.
>
>
>
>The Gambia Teachers' Union,
>G.T.U. Headquarters,
>Kanifing,
>KSMD.
>
>
>
>The Gambia Conferences of Principals of Junior and Senior Secondary
>Schools,
>C/O Department of State for Education,
>Bedford Place Building,
>BANJUL.
>
>
>
>THE NEED TO TAKE TWO STEPS FORWARD INSTEAD OF ONE STEP BACKWARD
>
>The Codes of Conduct which have reportedly been drawn by "the Gambia
>Conferences of Principals of Junior and Senior Secondary Schools and the
>Gambia Teachers' Union Executive" for Gambian schools are quite
>instructive.
>
>
>It is incredible to us, as it must be for everyone who sees the students as
>the architects of this nation's future, that such Codes of Conduct are
>prepared by the two bodies mentioned.
>
>
>Practice is a teacher. Those who wish to teach the students virtues must
>themselves be motivated by noble visions and missions. It is the unvarying
>characteristics of those who have no regard of the dignity and self-worth
>of
>the human being to draft draconian rules whose object is not to enhance the
>development of anyone but simply to be repressive.
>
>
>Suffice it to say, such a tendency is often characterised by a total
>disregard for the fundamental pillars which underpin the preservation of a
>society based on justice and respect for the liberty of the human person.
>
>
>You would agree with us that the lessons that African children need to
>learn
>are that they have the supreme responsibility to build the type of future
>that their own children will be proud to inherit. The best way to teach
>them
>this lesson is for the adults of today to strive to build the type of
>society that the students of today will be proud to inherit.
>
>
>Parents, teachers and adults need to recognise the inherent dignity and
>worth of the student. They must prepare them in an environment based on
>tolerance, freedom, solidarity, understanding and happiness. Once a child
>is
>seen as an evil person incapable of rational thinking and deserving the
>stick and social exclusion through suspensions and expulsions, the human
>conscience is choked of life and a beast created who views the world with
>hostility and who seeks revenge against a hostile world.
>
>
>It is this recognition that the human being needs harmonious development
>that compelled humanity to develop certain just rules which are meant to be
>implemented by the nations of the world.
>
>
>One would have thought that authorities who seek to exercise control and
>direction of our educational institutions would be guided by a thorough
>understanding of how to guide students in the 21st Century. One would have
>thought that they would not sink to arbitrariness in handling delicate
>national affairs.
>
>
>Our first concern is the arbitrariness shown in the formulation of the
>Codes
>of Conduct. Take Rule 12 of Part I. It states:
>
>
>"12.1 For repeated acts of indiscipline, students are liable to be
>suspended or expelled based on the gravity of the offence.
>"12.2 Suspension should range from one day to twenty-seven days.
>"12.3 A student expelled from one school must not be enrolled in any other
>school."
>
>
>Allow us to juxtapose Rule 12 with Rule 11 of Part I, which reads:
>
>
>"11. STRIKES AND DEMONSTRATIONS
>
>"11.1 Strikes and demonstrations have no place within the school system
>"11.2 Students concerns should be directed to the Student Welfare
>Committee,
>which should comprise teachers, guidance Counsellors, Chairpersons of PTAs
>and the Student Council."
>
>
>Part II, Rule 11 states that:
>
>
>"11. STRIKES AND DEMONSTRATIONS
>
>"Engagement in strikes and demonstrations could result in expulsion.
>
>
>
>
>
>"12. SUSPENSION AND EXPULSION
>
>"12.1 Students who are suspended cannot be accepted back to school unless
>they come with their parents.
>"12.2 Records should be kept of students suspended so as to be used for
>future references, e.g. testimonials, transcripts, etc.
>"12.3 Students expelled from school will not be eligible for admission
>anywhere else."
>
>
>One may now ask: Where would such young people go? Will they not be part of
>society? Can one expel them from being part of society?
>
>
>It is very clear that no leadership which has a nation at heart could
>possibly introduce any form of expulsion in a school system.
>
>
>Countries have criminal justice systems. Students may find themselves
>entangled in the courts being convicted of crimes. Even there, attempts
>should be geared at rehabilitating them.
>Expulsion of students from schools is a fascist rule which belongs only to
>a fascist State. It is not reasonably justifiable in a democratic society.
>
>
>Furthermore, Part I, Rule 9 states:
>
>
>"EXTRA CURRICULAR ACTIVITIES
>
>"Extra curricular activities are part of the school curriculum and as such
>all students must be involved.
>"9.1 All school clubs/societies must be registered with the school
>authority.
>"9.2 No school student should be a member of the Gambia Students' Union
>(GAMSU) which is a union for students in tertiary institutions.
>"9.3 School picnics, outings, excursions, etc. must only be organised with
>the approval of the school Head with authorised staff supervision.
>Permission from the parents should also be sought."
>
>
>Part II, Rule 9 adds:
>
>
>"9. EXTRA CURRICULAR ACTIVITIES
>
>"9.1 Unauthorised picnics/excursions will result in suspension of
>culprits.
>"9.2 Clandestine affiliation with unapproved unions, clubs or other such
>groups will result in indefinite suspension."
>
>
>It is very clear from this that the direction of these Codes of Conduct is
>to cultivate the embryo of a fascist state within the school system. What
>is
>dubbed clandestine activity would require informers within the school
>system
>to expose. What type of a society will our school system create in future?
>
>
>There is nothing in the Rules which indicates rights for students. Nothing
>is established on how innocence or guilt will be determined. School
>administrators will simply be prosecutors and judges at the same time. Some
>among the students will simply be recruited as informers to pass
>information
>to the authorities.
>
>
>Suffice it to say, these Rules are established without any regard shown for
>the provisions of the Constitution, the Education's Act and the Convention
>on the Rights of the Child.
>
>
>The Constitution of the Republic of The Gambia recognises the importance of
>cultivating an environment where the person grows up as a human being with
>rights and freedoms and obliges others to respect those rights and
>freedoms.
>It recognises that the cornerstone for building a peaceful society rests on
>building a society where rights and freedoms are fully respected and
>protected irrespective of race, colour, gender, language, religion,
>political or other opinions, national or social origin or any other status.
>
>
>Section 29 of the Constitution affirms the duty to enact legislations "in
>the best interest of children."
>
>
>Section 30 asserts that:
>
>
>"All persons shall have the right to equal educational opportunities and
>facilities and with a view to achieving a full realisation of that right-
>"(a) basic education shall be free, compulsory and available to all;
>"(b) secondary education, including technical and vocational education,
>shall be made generally available and accessible to all by every
>appropriate
>means, and in particular, by the progressive introduction of free
>education;
>"(c) higher education shall be made equally accessible to all, on the basis
>of capacity, by every appropriate means, and in particular, by progressive
>introduction of free education;
>"(d) functional literacy shall be encouraged or intensified as far as
>possible;
>'(e) the development of a system of schools with adequate facilities at all
>levels shall be actively pursued."
>
>
>
>Article 15 of the Convention on the Rights of the Child states
>categorically
>that:
>
>
>"State Parties recognise the rights of the child to freedom of association
>and to freedom of peaceful assembly."
>
>
>What laws exist which will enable a school authority to determine what
>constitutes a legal or clandestine club? Apparently, all these things will
>be arbitrarily determined.
>
>
>In our view, what happened on 10 and 11 April 2000 would not have happened
>if those who preside over the affairs of this nation had the necessary
>foresight. Needless to say, if the right lessons are not learnt, the school
>system will end up having to face the choice of expelling thousands of
>school children from our school systems or allowing the Codes of Conduct to
>collect dust for fear of the implications of implementing them.
>
>
>What the moment requires is not the establishment of draconian rules. What
>is required is the building of confidence in each other so that there will
>be greater trust. Human beings do not aim to destroy those who care for
>them. There are many teachers, headmasters and principals in the school
>system. Some have developed close relationship with their students and do
>not have disciplinary problems.
>
>
>What is essential is to draw lessons from those who have been able to build
>up a close rapport with their students in order to be able to exercise
>direction and control over their schools.
>
>
>The Education Act has not empowered Conferences of Principals, Headmasters
>and Teachers' Union Executive to establish draconian rules. What Section 3
>of the Education Act establishes is an Advisory Council on education.
>
>
>Section 4 asserts that:
>
>
>"The Council shall advise and report to the Minister on questions of policy
>affecting education and matters of educational significance, and to perform
>such other duties as may be prescribed by or under this Act."
>
>
>What would have been necessary is for the Council to meet and look at the
>crisis and give necessary advice to the Secretary of State after
>consultation with the people.
>
>
>
>A mature and democratically-minded leadership would not transfer the crisis
>of the executive into the school system. School administrators have their
>own problems which they could tackle not only by focusing on the students,
>but on all aspects of school life. The scrutiny would cover even the
>conduct
>of school administrators themselves and their teachers. The problem of
>discipline is an entirely different question which needs special
>consideration.
>
>
>How students should express grievances to policy makers is also an entirely
>different issue. In a society led by democratically-minded leaders
>demonstrations would not be seen as a crime since it is a constitutional
>right. On the contrary, students would be free to organise peacefully to
>express their concerns.
>
>
>Let us take the incident of April 10 as an example. Let us say that the
>country had mature and democratically-minded policy makers who would have
>been ready to witness the demonstration of the students and even accept a
>petition from them regarding their grievances. Such a person would have
>been
>able to read all the inscriptions on the banners and quickly digest what to
>draw from them.
>
>
>For example, such a person would have been able to explain the judicial
>process regarding those who have allegedly murdered Ebrima Barry. He or she
>would have been able to give an update on Binta Manneh's case. He or she
>would have been able to address those who called for 'sopi' or change by
>simply telling them that they are entitled to their opinions, but that in a
>Sovereign Republic people have the option to bring about change by
>supporting the party of their choice; that if they were interested in
>change
>they could go and support the party of their choice and appeal to the
>electorate. This would have been the simple truth. A democratically-minded
>leadership would not be offended by the expression of the true feeling of
>any citizen.
>
>
>We hope that as we move towards a new period the school system would not
>entertain the type of agenda that could lead to a break down of confidence
>between the students and their principals and headmasters/headmistresses.
>The principals and headmasters/headmistresses must not be seen as mere
>gendarmes of the regime within the school system.
>
>
>What the school system needs are guides who would be able to reach out to
>the inner beings of the students and impact on their lives so that they
>would remember them not for expelling them from school, but for doing their
>best to help them to overcome their weaknesses, build upon their strength
>in
>order to be fully prepared to be the architects of a new future of liberty,
>dignity and prosperity for Africa.
>
>
>Let us hope that all of you will become such leaders of our school system.
>It is important for all of you to know that no principal or
>headmaster/headmistress can be loved when one does nothing to improve the
>lives of students. One could only be remembered for having contributed to
>the destruction of the pillars of the future by submitting to the agenda of
>a leadership which seems to be losing its head instead of using it to solve
>national problems.
>
>
>We hope that the executive will see the need to allow its policies to be
>bound by the dictates of values that are reasonably justifiable in a
>democratic society instead of making very simple issues very complex.
>
>
>
>
>
>.......................................
>Halifa Sallah
>For: The Editorial Board.
>
>
>
>
>
>
>CC: UNICEF Resident Representative
>
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