Rights Still Being 'Eroded' Says Gambian Opposition Leader
     
    
<A HREF="http://allafrica.com/publishers.html?passed_name=allAfrica.com&passed_location=Washington,%20DC">allAfrica.com</A> INTERVIEW
March 24, 2003 
Posted to the web March 24, 2003 Charles Cobb Jr.
Washington, DC
Wedged into the heart of Senegal, the tiny west African nation of Gambia is 
often overlooked. But the Gambia has had a difficult history, particularly 
during the past decade after young military officers overthrew the government 
on July 22, 1994, bringing to an end the longest serving democracy in Africa. 
After a new constitution was adopted in 1996, elections were held, and by 
1997, the country had officially returned to civilian rule. Yahya A.J.J. 
Jammeh, the former chairman of the Armed Forces Provisional Ruling Council 
(AFPRC) that had seized power, won the presidency and continues in that 
position.Despite the lifting of the ban on political parties, "Decree 89" was 
passed which disqualified the ousted former president, Sir Dawda Kairaba 
Jawara, the former vice president and all former ministers of the People's 
Progressive Party (PPP) from contesting any political office. The decree was 
repealed last July, but the government can still impose "reasonable 
restrictions" on political activity.The Gambia's human rights record has also 
continued to come under fire, particularly since April 10th and 11th of 2000, 
when security forces used live bullets to break up a student protest. Last 
year's U.S. State Department report on human rights practices called the 
Gambia's record "poor." Freedom of speech and the press is "significantly 
limited," according to the report.
Omar Jallow, interim leader of Jawara's Peoples Progressive Party, served for 
17 years in the Jawara government, including terms as deputy minister of 
foreign affairs and minister of agriculture. He has been on a visit to the 
United States, where he was interviewed by AllAfrica's Charles Cobb Jr.
Excerpts:What brings you to the U.S, especially for such a long period of 
time - one month?First, I came to meet with Gambians here - some of whom have 
settled here, some are students pursuing higher education and some are 
political refugees on exile - to sensitize them particularly about the bad 
governance by the present regime, the rampant violations of human rights and 
the very serious and systematic erosion of people's power through frequent 
amendments of our constitution and other major laws of The Gambia.
For example?For example in the past three to four years since the new 
constitution came into force, it has been amended 28 times and most of these 
amendments touch on people's rights. I'll give you a few examples: From time 
immemorial, village and district heads were always appointed or selected by 
their own local communities. Both the colonial authorities and the previous 
government encouraged this participatory democracy at the local level because 
it gave power to the people and provided a system of checks and balances 
between the traditional rulers and their people. But now the president has 
decided to usurp those powers that were vested in the local communities by 
taking it upon himself to appoint and dismiss all village and district heads.
What is President Jammeh's explanation of the need for this?The president has 
not given any explanation. But we know that he has done this so that he can 
now use these leaders to manipulate and directly control the people.
Did this change go through the legislature to become law?It went through the 
legislature and has become law. We are campaigning vigorously against this 
obnoxious law and will challenge it at the highest court of the land because 
we believe it represents a disenfranchisement of the majority of Gambians - 
85% of the population.The second erosion of people's power committed by the 
present government is the amendment of the country's Criminal Code. Before 
the overthrow of the elected government in 1994 and before this amendment, 
the High Court and Supreme Court were the only institutions of law that had 
the power to interpret the constitution. They were also the only courts that 
had the power to try people charged with treason and other crimes that carry 
the death penalty or life imprisonment. Now there is an amendment that gives 
such powers to the lower magistrates courts. This we see as a clear example 
of the manipulation of the judiciary. Because the government finds it hard to 
manipulate or impose decisions on the judges of the higher courts, they give 
these powers to the lower courts whose inexperienced lawyers and magistrates 
they can easily manipulate and control.In addition, they further amended the 
Criminal Code to make sure that anyone charged with an offense that carries 
life imprisonment or the death penalty cannot be granted bail. Before this 
amendment, the decision to grant or deny bail rested entirely with the judges 
of the higher courts. Fort instance, if I go back to Gambia now and I am 
arrested and accused of any crime carrying the death penalty or life 
imprisonment, I cannot be granted bail and can remain in jail for up to ten 
years while the case drags on, depending on the whims of the prosecution 
which is directly controlled by the executive.Yet another erosion of people's 
rights and power concerns the establishment of the Independent Electoral 
Commission (IEC), the institution responsible for the conduct of elections. 
We believe it is wrong and improper for such an institution to be headed by 
five commissioners all of whom are appointed by the president and can be 
sacked by the president, who is himself a player in the game refereed by 
these same commissioners. And the president has already demonstrated his 
interference and manipulation of the IEC by sacking two of the commissioners 
including the chairman because they wanted to regularize some of the 
irregularities within the institution and its functions.Also, there has been 
a spate of systematic politically motivated dismissals of civil servants over 
the past few years. The civil service is the bedrock of any meaningful 
development of any country. If there is genuine democracy, governments go and 
governments come but the civil service stays because it is supposed to be 
there to implement government policies and programs. But now it is a policy 
of the president to dismiss any civil servant, no matter how competent or 
professional, if he thinks that such a civil servant is not towing the ruling 
party line. Now appointments and promotions in the civil service are not 
determined by professionalism or competence, but by loyalty to the president 
and the ruling party.In addition, we politicians are subjected to endless 
intimidation and harassment, although our constitution guarantees every 
citizen the right to freedom of association without hindrance or oppression. 
Unfortunately, some of us are often barred through "legal" means from holding 
political meetings or from traveling within the country to campaign. We have 
been subjected to detention and torture and our families have been 
continuously harassed because of our political activities.All these 
difficulties are being compounded by the gross mismanagement of the country's 
economy, which has brought the country and the majority of Gambians to their 
knees. So we thought if something is not done early, The Gambia could slide 
down the path of countries like Sierra Leone and Liberia. This is why our 
party thought I should come to the Diaspora to sensitize Gambians and to 
brainstorm with them on how to organize and pool our resources to make sure 
that there is peaceful and meaningful democratic change in The Gambia. We 
thought we should learn from the mistakes of the conflict-ridden countries 
around us.
You have been describing a kind of systematic effort on the part of the 
president and his party to accumulate power and authority through the 
changing of law, the changing of the constitution. At the same time, you talk 
of organizing Gambians both inside and outside The Gambia against this 
effort. So, the question that occurs to me as someone outside The Gambia is, 
when I look at the current government, am I looking at a dictatorship, a 
government that aspires to be a dictatorship or just another ambitious 
politician, but still governing a country in which people like you still have 
room to organize and effectively oust without say, resorting to civil war?You 
are looking at a dictatorship. Knowing dictatorships, the more people succumb 
to them, the more despotic they become. That's why we are standing up to them 
to prevent them from derailing the whole system.But Gambia is not, for 
instance, at the level at which Liberia under Charles Taylor is?Liberians 
allowed Charles Taylor to take them to that level. That's why I said we 
should not allow that to happen [in the Gambia]. A lot of Gambians are 
keeping quiet because they are afraid. Some of us have been imprisoned for 
over 16 times and subjected to all kinds of harassment. For instance, I came 
here shortly after my passport was returned to me. It has been seized several 
times. It was returned because of pressure from different local and 
international quarters, including the press and the Commonwealth. What I'm 
saying is that if we decide that we are politicians, we cannot afford to 
abandon ship and shirk our responsibilities to the people. We have to stand 
up and say the truth and expose the violations of human rights, the 
deficiencies, the corruption and the mismanagement of resources by the 
present regime. And that's what we are doing.In Liberia and Sierra Leone, 
most of the people who should have spoken out left their countries - they 
abandoned their responsibilities. We stood for some principles and beliefs 
and the people elected us on that basis. If the people supported us when the 
going was good, I think we should be responsible enough to support them when 
the going gets bad - to speak for them and to act for them.
So your choice - if I hear you right - is to stay inside Gambia and fight 
from within. What kind of time frame are we talking about here? I assume part 
of what you are doing is talking in terms of the next election?Yes. The next 
election is in 2006. And come 2006, if we have the support of the people 
within and outside The Gambia, we could unseat the present government. During 
the first post-military transition election, people like me were banned from 
engaging in any kind of political activity. The punishment for breaking that 
ban was life imprisonment.
Given that, why should I assume that in 2006 you would be able to engage in 
political activities?The ban was lifted in 2001 - just six weeks before the 
2001 elections. We were able to re-register the PPP and campaign on a 
coalition ticket. It was not possible for a party that had been banned for 7 
years to register, organize and mount a formidable campaign in 6 weeks. So we 
supported a coalition candidate, the leader of a party that had been active 
throughout. We were able to reduce the percentage of votes for the president 
from the 69% he got in 1996 to 52% in 2001. We believe that if we continue 
with the zeal and determination we started out with in 2001, that 2% margin 
can be eroded come 2006.
So you think this president will one, allow you to organize and two, actually 
conduct free and fair elections?He has no choice if the people are organized. 
Because as much as he has the guns, those carrying the guns are Gambians and 
their families in Gambia are equally affected by what this government does. 
So, adequately sensitized, the security forces will support the people. We 
have seen this happen in Niger, in Ghana, in Guinea Bissau, in Senegal and in 
Kenya. It can happen in The Gambia. If you become too much of a nuisance as a 
dictator, the very instrument of coercion you use will turn against you. He 
should allow the process to take place and if he is defeated at the polls, he 
should bow to the will of the people. And we are going to make sure that 
there is a strong team of international election observers on the ground.
I read about a statement you made in North Carolina in which you were calling 
for the release of a certain commission's report pertaining to recovering 
Gambian assets.Yes, after the coup we - all ministers in the previous 
government - were taken before a commission called the Assets and Properties 
Recovery Commission to determine our level of corruption. The laws 
establishing this commission also provided that its report will be made 
public and that draft copies of the report will be made available to all 
those who appeared before it so that we could appeal against any of its 
orders or proposed recommendations. Up to this day, none of us and none of 
our lawyers have seen this report and its findings have not been made public. 
So I am calling on the government to respect its own laws and publish the 
findings of the commission before which we were harassed and humiliated for 
11 months.
What reason did the government give for not releasing the report?They did not 
give any reason. But we know that it is because the commission did not come 
out with the results the government anticipated. I have been calling on them 
to release the report so that the Gambian people can judge for themselves.
Again we are back to what I think is the central question: Why, given all 
that you describe, should we expect one, that there would be fair elections 
in Gambia? And two: Why should we even expect you to be permitted to campaign 
in Gambia?As I said, the government has no choice. These are challenges we 
are bracing ourselves for. I will never think that it's going to be easy but 
we will do everything we can to make it happen. On my way here I passed 
through London where I met with several senior government and commonwealth 
officials. I met with officers of the Commonwealth Secretariat who provide a 
good part of the funds for running the IEC and conducting elections. Because 
of my intervention, the Commonwealth Secretariat has written to the IEC 
offering them technical assistance for the management and running of the 
institution. With the international community on board and involved in the 
whole electoral process, the government will find it very difficult to rig 
the elections. The president will just have to bow to the wishes of the 
people.
Since we are here in Washington, DC, I'm curious as to whether or not you 
have been in touch with anybody in the Bush administration, the Congress or 
any other arm of the U.S government?Unfortunately no, not officially. Before 
I left The Gambia, I had made some arrangements at both the U.S and British 
embassies there. When I came here, I had calls from the State Department 
trying to schedule a meeting, but this never materialized. I have though, met 
informally with some very influential people - Americans - with strong 
connections to the government and Congress. In fact they had asked me to 
extend my stay for a week but I couldn't because I have some very important 
appointments in London. On my next trip here, I will make sure that I make 
concrete arrangements to meet more government officials in the US.The 
situation was very different in the UK. As soon as I arrived in London, I got 
a call from the Foreign and Commonwealth Office. They had prepared a program 
for me to meet with junior ministers, members of parliament, the Commonwealth 
Secretary General, the Chairperson of the Commonwealth Judges and Magistrates 
Association, and the chairman of the Commonwealth Parliamentary Association. 
I had very fruitful discussions with all of them.
Generally, you sound more optimistic than I would have guessed.Yes, I am 
optimistic although I am not underestimating the present regime's capacity to 
do anything. I am convinced, though, that the worst scenario would have been 
for us to sit back and do nothing. I think the best way forward is to be 
active and optimistic. We just cannot allow the status quo to continue. We 
cannot allow Gambians to be continuously suppressed and oppressed. It has to 
stop somewhere. When you push people to the wall, there is an automatic 
reaction. Bokassa, Idi Amin, Mengistu were all more powerful than Yahya 
Jammeh but they were all ousted by the people.
The Gambia is almost entirely surrounded by Senegal, which is considered one 
of the most stable countries in Africa. On the other hand, West Africa itself 
seems in many ways increasingly unstable with crises of varying intensity 
roiling Guinea, Ivory Coast and Liberia and with Liberian President Charles 
Taylor's hand reaching into many areas. Even Nigeria is still uncertain as we 
move toward the April elections. Does any of this broader regional 
uncertainty affect Gambia?Very seriously and in many ways. One, there is a 
massive influx of refugees - over 100,000 - from conflict ridden countries in 
the region such as Sierra Leone, Liberia, Nigeria and Guinea Bissau. Second, 
Gambia is so small that we do not have the basis to sustain violent conflict. 
And this brings me to our relations with Senegal. Senegal will never allow 
Gambia to be destabilized to a level where it will adversely affect its 
economy because we are at the heart of that country.
Talk to me about Zimbabwe. You were an observer during the last elections 
there. How do you understand Zimbabwe?Yes, I was deputy head of the 
Commonwealth election observer mission there. I worked under Nigeria's 
General Abdul Salam Abubakar. Fortunately, I was head of the Kwe Kwe 
district, a very big district and had the chance to witness first hand the 
serious violations of human rights there. I took photographs and interviewed 
some of the people who were victims of torture. Some opposition supporters 
had their testicles cut off, some had the name of Mugabe's party, Zanu PF, 
branded with hot irons on their backs, and some were killed. If Africans 
treat their fellow Africans worse than we were treated by the colonialists 
and the slavers, what moral right do we have to protest against the way we 
are treated by the Ku Klux Klan or the Red Necks in Germany? And that is 
exactly what is happening in Zimbabwe. And there was the changing of the law 
extending the polling period 24 hours before polling started. Our report 
reflected what we saw on the ground. Our conclusion was that the elections 
were neither free nor fair.I had been, as a young person, a strong admirer 
and supporter of Mugabe, but I am so angry with him now. When I was Deputy 
Foreign Minister back in 1977, I was The Gambia's representative on the UN 
Committee for Liberation. I got to know both Mugabe and Joshua Nkomo 
personally. At the Lancaster House meeting to work out the modalities for 
Zimbabwe's independence, all of us were unhappy with two things: the 
provision granting 20 seats in Zimbabwe's parliament to whites and the land 
issue. Immediately after independence, Mugabe organized a referendum and got 
rid of the 20 seats reserved for whites. Why did he not settle the land 
problem then? He was so popular that whatever he did would have been 
supported by the international community. And he had Russia and China backing 
him. Why did he wait for twenty-two years, at a time when he has a formidable 
Zimbabwean opposition, to settle the land issue? The British had given him 22 
million pounds to fund the land distribution program. But he did nothing. He 
shared that money among the members of his party's central committee.When I 
visited Zimbabwe about ten years ago as Gambia's minister of the Environment, 
Zimbabwe was exporting food to all the countries of Southern Africa. Today, 
Zimbabweans are starving and Zimbabwe is a net importer of food. What kind of 
policies and programs did they have? Zimbabwe has one of the most educated 
cabinets in Africa. Yet they are behaving as if they are in the 19th Century.
    



"The world is a dangerous place to live; not because of the people who are 
evil, but because of the people who don't do anything about it."
 - Albert Einstein
"Never doubt that a small group of thoughtful, committed citizens can change 
the world. Indeed, it’s the only thing that ever has."
- Margaret Mead 
"When the government fears the people, you have liberty. When the people fear 
the government, you have tyranny." 
- Thomas Jefferson
"All that is necessary for evil to triumph is for good men to do nothing" 
- Edmund Burke 

    
    

    

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~