Issue No. 28/2005, 11-13 April 2005



Editorial
Good Laws Are Good For All
When laws are being enacted they should not be targeted against any individual(s)..A law that is enacted to protect or harm any individual(s) is a bad law.

In August 1996 about three-quarters of the Gambian population endorsed a new constitution which provided for the establishment of an independent judiciary.  In short, the constitution states clearly in section 120 subsection (3):
“In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this constitution and the law and, save as is provided in this Chapter, shall not be subject to the control or direction of any other person or authority.”

Furthermore, it is the responsibility  of the government to ensure that the court system works and remains independent. This is provided for in section 120 of the constitution subsection (4):

“The Governmenrnt and all departments and agencies of Government shall accord such assistance to the courts as the courts may reasonably  require to protect their independence, dignity and effectiveness.”

This of course includes the state complying with court orders not flouting them.

In a word, former members of the regime who were adversely amending the constitution and our laws are now busy dashing in and out of the courts, filing summonses and applications, and have actually benefited from the ruling of a judge who made an independent decision in granting their request. In short, they are reaping the fruit of the good parts of our constitution and laws that still remain.

This is a clear testimony that where good laws are in place society as a whole stands to benefit. However, those who enact bad laws may have to face the consequences of their actions tomorrow. Some former attorney generals had made bad laws and those same laws were later used against them after their dismissal.

This should serve as a good lesson for President Jammeh also. He is president today but he can be voted out tomorrow. It all depends on what the people decide. This is clearly spelt out in section 1 of the constitution:

“The sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive their authority...”


JUNKUNG BAYO & CO. INTERIM IN JUNCTION
An In-depth Report

Justice Abubacarr Tahir of the Banjul High Court last week turned down the state’s request for the miscellaneous applications brought to court by Junkung Bayo, Mustapha James Kujabie and others to be rejected by the court.

Justice Tahir who presided over the miscellaneous applications filed by those who are aggrieved by the decision of the anti-corruption commission set up by President Jammeh to investigate civil servants who served the AFPRC / APRC regime, last week granted an interim injunction for a stay of execution to the applicants pending the outcome of the substantive case filed by the appellants at the High Court.

According to Justice Tahir, the adverse recommendation letter attached to the affidavit filed by the former General Manager of the Central Bank in support of his application requested the applicant (Junkung Bayo) to make payments within fourteen days beginning 21st  March 2005 other wise certain measures will follow.

The respondent (the state) seriously objected to all the applications / summonses brought by the applicants and raised preliminary objection on jurisdiction.

“I have carefully gone through the affidavit in support of the summons and relevant documents and I have also listened very attentively to arguments for and against the applications and accordingly order as follows:

“Order as prayed in the interim, staying the execution of an adverse recommendation by the Assets, Properties and Activities of Public Officers Commission made against the applicant (Junkung Bayo) pending the hearing of the summons before the High Court division,” the trial judge ruled.

The trial judge ruled that the aforesaid ruling applies to the applications / summonses brought before the court by the following persons during the vacation, namely, former Director of Immigration, Tamsir Jassey, former Director of Gambia Tourism Authority, Habib Drammeh, Malick Issa Cham, Foday Barry, former Governor of the Central Bank, Clarke Bajo, former Director of Technical Services, Mustapha Leigh, Alhagie Ibrima Njie, former Permanent Secretary at the Department of State for Finance and Economic Affairs, Karamo Bojang, former Attorney General and Secretary of State for Justice, Pap Cheyassin Secka, Ousman Sowe, former State House Protocol, Mustapha James Kujabie, Edrissa Touray, former Secretary of State for Tourism and APRC National Mobiliser, Yankuba Touray, Mayor Abdoulie Conteh, Amadou Jallow and former Director of the National Intelligence Agency, Abdoulie Kujabie.

“In order to decongest the already congested criminal division of the High Court and since the vacation ends today (the 6th day of April 2005), the applications received during the vacation are hereby returned to the registry for necessary action to be taken at the Civil Division of the High Court where they belong after the vacation. His Lordship, the Honourable Chief Justice will accordingly be notified,” he remarked.

The proceedings were held in chambers and the applicants were represented by Ousainou N. M. Darboe, Antouman Gaye, Amie Bensouda and Amie Joof Conteh whilst the respondent was represented by Mrs. Jawara Alami, Mr. A. Jawara, Emanuel Fagbenle and Mrs. J. Ceesay.

Unconfirmed sources have it that Emmanuel Fagbenle and some of the counsels for the applicants had bitter exchanges.

Pending the outcome of the substantive cases filed by the appellants, the state will be bound by law to restrain from freezing the bank accounts or seizing the assets of the appellants. Any attempt to do anything on the contrary will amount to contempt.



April 10 & 11

Still Waiting for Justice



Below is a press release issued by the Coalition of Human Rights Defenders:



The 10th and 11th of April 2005 marks the 5th anniversary of the “public disturbances” in which many Gambian school children dissatisfied with the slow pace of justice took to the streets in protest of the death of one Ebrima Barry a school boy who allegedly died after being detained and maltreated by some fire officers and the alleged rape of one Binta Kinteh, a schoolgirl, by unidentified persons wearing paramilitary uniform. The demonstrations led to the shooting of students and a journalist and Red Cross volunteer by security officers. In the event 13 unarmed students were shot at 12 of whom were confirmed by the coroner’s report to have been killed by the security forces and countless other students. Such students maimed live with permanent disabilities.

Following the events the government yielded to public pressure and demand by setting up a Commission of Inquiry into the causes and circumstances of the disturbances. The Commission of Inquiry subsequently published its findings and made recommendations only for it to be rejected by the government who quickly enacted the Indemnity Act which in effect gave blanket immunity to perpetrators named in the report.

5 years on, the bereaved families have to live with the permanent loss of their loved and dear ones and those maimed have to live with their disabilities for life while the perpetrators who pulled the triggers and those who gave them the orders to shoot walk the streets freely. Although the government at the time did promise to compensate the relatives of the victims, to our knowledge, this was not done nor did the government make a public apology to the bereaved families but only express regrets concerning the events.

The fallen students still live on in our hearts. Granting blanket immunity to the perpetrators does not help to heal the wounds. Those who carried out this brutal and cowardly act are known and must be brought to book. These crimes cannot go unpunished and justice must not only be done but it must be seen to be done.

May the Souls of the departed students Rest in Perfect Peace.

The Coalition of Human Rights Defenders.



135 PUBLIC OFFICERS BEFORE COMMISSION



By Surakata Danso

The chairman of the anti-Corruption Commission, Justice MA Paul has informed this reporter that the 135 witnesses who appeared before his commission were in one way or the other found liable, including the vice president. Justice Paul made this disclosure in his office on Thursday the 7th day of March 2005 after meeting this reporter who requested for a copy to be provided to the press for pubic consumption. The reporter informed Justice Paul that the report would be useful to the press to clear the air of speculations and counter speculations being rumoured in the public domain. Justice Paul however informed this reporter that the commission had compiled a 4 volume report which was made into several copies and submitted to the president. Justice Paul asserted that the conclusions of the commission on all the witnesses were drawn on the basis of law.

He finally told our reporter that the executive is being advised to publish the report which he thinks would be done. He went on to say that the onus to provide copies for the press with a view to informing the public is left to executive.



Editor: For the benefit of the reader, section 203 of the Constitution requires the president to publish the report of the commission within six months together with his comments and a statement of any action taken, or the reason for not taking action. Where the president refuses to publish the report for reasons of national security or otherwise in the public interest, he shall within six months publish a statement to that effect.

Foroyaa has enquired from the Office of the President whether it is their intention to publish the report. We shall inform the reader as soon we have clear information on this.


AT THE NATIONAL ASSEMBLY
DoSE UNDER THE MICROSCOPE OF THE NATIONAL ASSEMBLY

Part 3

Foroyaa has been publishing the report submitted by the National Assembly Select Committee on Education and Training to the Assembly for approval. Foroyaa continues with the report.

On Teacher Motivation And Attrition

The report of the Select Committee on Education and Training pointed out that that the condition of service of the teaching profession in the regions visited is VERY poor and de-motivating; that some of the senior teachers met during the visit complained of acting in one position for more than five years without being appointed or paid any allowance; that there are some teachers who have been in the same region for ten years or more without being transferred albeit some requesting to do so; that these, the report continued, could be de-motivating for serving teachers and discouraging for potential ones; that all newly trained and appointed teachers complain of non-payment of salaries for three months; that they were grappling with financial problems compounded by the frustration of being left in limbo; that the low wages of unqualified teachers is also a recurring complaint; that these unqualified teachers earn such a meagre amount that they can hardly meet their basic needs (rent
 and food) for sustenance and live in a decent place; that they are not paid any allowance which makes it even more difficult; that the contract teachers are not better off either; that their contracts start in September and end in July and are not paid any allowances; that most of these contract teachers, are retired teachers who have experience and can mentor younger teachers if encouraged. The report further went on to indicate that there are reports of frequent movement of teachers relating to the poor condition of service, hence the high rate of attrition teachers; that some would even leave immediately after completing their training at the Gambia College and the University of The Gambia implying that teaching is used as a stepping-stone.

On Accommodation

The report also indicate that most of the schools visited had no accommodation for teachers and that where it is available, the condition is at the quarters were so poor that one hardly believes that these teachers hardly live in them; that there is an urgent need to rehabilitate these quarters; that teachers were found living in grass huts with their families and some in old classroom blocks; that there are cases, the report went on, where two to three teachers live in a single room. The report continued to say that it has also been found that teachers find it difficult to get accommodation in some communities and so they end up living in rather unbecoming conditions.

On Water

The report shows that where there is inadequate source of water, considerable amount of time is also wasted in fetching water from the village and this impinges on vital instructional hours; that a good example is Ballanghar Lower Basic School.

Summary of Findings in Regions 3 & 4

In delivering the report, the chairperson of the committee Hon. Sulayman Joof, pointed out that the following are the summary of findings:-

1.       Inadequate teacher supply

2.       More trained teachers than untrained ones in the two regions

3.       Very few female teachers

4.       Teachers not reporting to their postings

5.       Lack of specialized teachers for technical and skills subjects

6.       Inadequate or no teaching and learning resources, no core subject text books, teachers’ guide, registers, chalk, etc.

7.       No regular in-service training or professional development courses

8.       Poor quality (binding) of core subject text books at the Lower Basic Schools

9.       Insufficient time allocated to both shifts and subjects in schools operating the double shifts

10.      Most of the school leaders are on acting positions and there is the need for them to be adequately prepared to handle such portfolios.

11.      Teachers on acting positions for long periods are not paid any allowances.

12.      Inadequate ancillary staff with some of them (care takers) on voluntary service for long periods.

13.      A number of schools without night watchman

14.      A lot of schools not fenced

15.      Some subjects excluded from the curriculum due to either inadequate staff or lack of facilities

16.      Double shift is done in some schools due to inadequate classrooms.

17.      Multi- grade teaching is done due to inadequate staff and sometimes low enrolment though teachers involved are not trained to do so.

18.      School dropouts decreasing particularly for girls

19.      Secondary schools not recognised as examination centres.

20.      Acute shortage of facilities for technical and skills training and science laboratories.

21.      Acute shortage of school libraries and resource centres and the existing ones are either not up to standard or no member of staff is trained to manage them.

22.      Though there are enough classrooms, generally, there is still need for more classroom blocks. Poor construction and civil works reflect the lack of effective supervision.

23.      Inadequate toilets across the schools. Some of them are not properly separated as required.

24.      Overcrowding is experienced in just a handful of schools due to inadequate teacher supply of furniture.

25.      Low enrolment rates in some schools in Region 3 due to the limited number of feeder schools/communities.

26.      Very few or no visits from the REOs and SQAD officers.

27.      Inspection and supervision of schools from all levels and regional offices are generally ineffective; and record keeping is rather poor.

28.      Assessment and standards of pupils are relatively moderate; that more could be done because evidence indicated that most schools do not document assessment records and assessment policies are taken for granted, hence, the insufficient evidence of assessment.

29.      Most parents are not involved in their children’s work.

30.      Accommodation is one of the most pressing problems for teachers in these regions.

31.      Late payment of salaries; the centralized mode of payment requiring teachers to travel within the region to receive their salaries.

32.      Low wages of unqualified teachers.

33.      Newly qualified teachers not paid for three months.

34.      UNICEF’s girl friendly schools are better off in terms of availability of resources compared to other schools.

35.      Conditions of service of teachers and their motivation for effective service delivery is a major concern.

On Regions 1 & 2

Moving to the second phase of the report, the chairperson of the committee, Hon. Sulayman Joof, indicated that the teacher supply in the schools visited in Regions 1 and 2 was better compared to the schools visited in Regions 3 and 4; that teachers in these two regions (1&2) reported to their postings on time and there seems to be no significant staffing gap. He further said, the number of female teachers in Regions 1 and 2 is higher than that of Regions 3 and 4; that there is relatively enough teaching staff in all the schools visited and the majority of them are trained and qualified; that the Upper Basic Schools and the Senior Secondary Schools lack female Gambian teachers. He indicated that “Apart from trained/qualified teachers in the schools, Region 2 schools have teacher trainees of different categories i.e. HTC and PTC on the ground which also minimized the problem of teacher shortage. Some of the schools do not even need unqualified teachers. It has been equally reported
 that some schools in Region 1 found it difficult at the beginning of the academic year to get teachers to teach in the double shifts.” The main reason advanced by the Chairperson is that “The remuneration of 50% is not sufficiently encouraging.” The report shows that it has been noticed that a high percentage of the teaching staff of the senior secondary schools are non-Gambians; that given their mode of appointment, which is often contractual, these categories of teachers are found to be very undependable; that they are also found in some cases operating in more than one institution and shifts; that their frequent movements in most cases create a vacuum for the classes affected.

On Ancillary Staff

The report went on to indicate that the schools visited in regions 1 and 2 have ancillary staff who take care of the school environment and other related chores; that the schools visited have paid caretakers and night watchmen but the cooks remain voluntary and only receive a handful of food items from the school feeding programme; that three schools in region 2 are without night watchmen (Bondali BCS, Kassa Kunda and Kampassa UBS); that the SSS and UBS employ secretaries and bursars and government pays the caretakers and night watchmen.

In-service Training/Professional Development

Hon. Joof indicated that “Teachers in all the schools visited reported that they did not attend any in-service course in the previous academic year but attended school based staff development workshops.

On School Leadership

The Chairperson went on to indicate that most of the heads, deputies and senior teachers are substantive holders of their positions. He pointed out that some teachers hold acting positions though only a few of them have served long in such positions. He also said that two upper basic schools in Region 2 have no vice principals and that only the head is a substantive position holder in Kampassa Lower Basic School, for example. He further indicated that these two regions (1 & 2) have less staff on acting positions and that some of them are even serving in those capacities with recognition, as the positions are not internal arrangements. He opined that because quite a number of these schools are big ones and most of the senior staff hold substantive positions, it has been found that they are more effective in their respective roles, though there are teachers whose statuses do not march their position or schools.

On Curriculum And Teaching Resources

The Committee Chairperson further indicated that like the two previous regions, there is an acute shortage of core text books and teachers’ guides; that the main complaint is about the poor quality of binding, resulting in a shorter life span of the books; that the papers easily loosen and detach from the spine; that in some schools, teachers found it extremely difficult to teach successful reading lessons due to limited text books and that in other cases they do not have books due to missing pages. He revealed that a typical example is where a lower basic school administration resorted to paying from their much needed funds for the spine of the books to be sewn; that during reading lessons, students can be seen scrambling for books; that the shortage of the text books cut across all levels in the basic education cycle. The report went on to indicate that “in the UBS and BCS schools where children pay book rental to access core text books, students hardly have a set to themselves
 either because they do not pay or due to the limited number of materials available; that they remain in schools without text books and depend on notes; that in grades seven and ten, children invariably have the required books; that this is because the settlement of such bills is made compulsory at the time or point of registration; that in the SSS, text books are expensive and not affordable by many students. The report went on to indicate that “during their second and third years at the secondary level, some of these children are without the required text books and risk being sent out of class by subject masters; that this could be a contributing factor to the much worrisome and falling standards in schools; that students revealed that in some SSS, some subject masters who are authors of a book would send away children who are without such textbooks in their classes during lessons and sometimes would not give notes on the board in a bid to compel students to buy their textbooks.
 The report went further to show that most classroom walls remain empty in the schools visited in Region 2 due to unavailability of resources and no sign of teaching aid to re-enforce learning unlike schools in Region 1, where some of the schools visited have a lot of teaching aids; that this shows the advantage of access to resources even where the Department of State for Education does not provide the schools with material resources; that generally, however, curriculum and other related materials are inadequate in the lower basic schools in both regions; that either they are not supplied or school funds are not paid for them to be bought; that in the UBS and SSS, such materials are bought by the school because fees collected are kept in the schools.

On Classrooms, Furniture And Toilet Facilities

The Chairperson indicated that “space is relatively adequate”, noting that only one fifth of the lower basic schools (4 out of 20) visited had adequate space while none of the upper basic schools had. He said that though some children are still on the waiting lists for admission to schools at the time of the visits, it appeared that schools could not meet the demand due to limited available space. He added that the indications are that overcrowding is prevalent in quite a large number of these schools due to inadequate furniture and limited space. He revealed that fifteen of the twenty lower basic schools visited, complained of these factors, pointing out that besides the inadequacy, some are in urgent need of repairs. He also revealed that from regions 1 to 4, students were seen sharing the same bench in some schools, which showed that the need for more furniture in these classrooms still prevails. He further stated that four out of five SSS visited were overcrowded due to the high
 demand for places while at the only two government subvented schools visited, (Muslim and Nusrat) lamentations were made on space and furniture.

The report of the select committee on education and training indicated that the schools in Regions 1 and 2 have inadequate toilets considering their role; that most of the schools in these regions do not have proper toilets; that even where the structure is permanent, the sanitary condition leaves much to be desired; that since the roles of the schools increase annually, their present toilet facilities cannot meet the demands; that the condition of most of the toilets seen is deplorable and that some of the toilets are beyond the school perimeters (e.g. Francis BCS and Kampassa LBS); that a good number of the toilet buildings are not separated as required. “In other words’ the Chairperson continued, “the facilities are used indiscriminately which, in one instance,( at Kampassa LBS) two pupils :a boy and a girl scrambled for a toilet and fought over it resulting to the girl being wounded and the team (National Assembly Select Committee on Education and Training) were shown the victim;
 that in Serrekunda LBS acute water shortage is seriously affecting sanitary facilities.



LANG CONTEH APPEARS IN COURT TODAY

Lang Conteh, the former Head of the Foreign Exchange Unit of the Central Bank of The Gambia, who is charged with eight counts of economic crimes under the Economic Crimes (Specified Offences) Decree, is supposed to appear in court today.

Conteh has been incarcerated at the remand wing of the Mile Two Central Prisons for a period of six weeks after his bail application was refused by Honourable Justice Paul of the Banjul High Court.

The trial is supposed to commence today, but Honourable Justice Paul who was assigned to hear the matter by Chief Justice Brobbey, has recused himself from the case after the anti-corruption commission which he presided over made adverse findings against Lang Conteh.

The other Criminal Court judge, Justice Abubacarr Tahir, is on a week’s leave making it impossible for him to preside over the matter today.

Justice Izuako who occasionally presides over criminal matters was also out of the jurisdiction. It is not clear whether she has returned from her sojourn. It is abundantly clear, however, that even if the case is given to another judge, trial will not commence today because it will be re-mentioned and the prosecution and the defence will have to take a new date. It is unusual for cases at the High Court to be mentioned and heard on the same day. The case is not also outlined on the cause list containing the civil and criminal matters that will be either mentioned or heard this week.


SOS Janneh Dialogues with Media
Below is a press release issued by the Gambia Press Union on a discussion the Secretary of State had with media personnel:

A steering committee set up by the Gambia Press Union (GPU) on April 4th, 2005 paid a courtesy call on the secretary of state for Communication, Information and Technology (DOSCIT) Amadou Scattered Janneh, at his offices in Kanifing.

This committee was set up last December following the killing of Deyda Hydara, co-founder and managing editor of The Point to come up with, among others, strategies and a plan of action to help highlight and improve on the threatening conditions in which journalists operate in the country.

At the meeting, D. A. Jawo, GPU administrator and ex-president highlighted the need for dialogue in addressing the security concerns of journalists, the continuous closure of Citizen FM, the amendments to the Criminal Code,  the Newspaper Act and many other issues affecting journalists in The Gambia. Swaebou Conateh, proprietor and editor of the News and Report Magazine harped on the need to improve access to information, particularly coverage at State House as well as access to senior government officials and

departments. Mr. Conateh also seized the opportunity to invite the Secretary of State to a symposium planned by the GPU to commemorate World Press

Freedom Day on May 3.

Madi Ceesay, the newly elected GPU president dilated on the relevance of training for journalists citing that The Gambia is one of the few countries without a school of journalism in the region.

Sam Sarr of Foroyaa emphasized the need for the government to have a media friendly approach in order to create a conducive atmosphere for journalists to practise.

He further stressed the issues of training, printing,

land application, accessibility and amendments to laws affecting media practitioners in The Gambia.

Concerns over the non-GPU membership of media practitioners in the public sector and the ban on the National Printing and Stationery Corporation to print for the private press were also raised.

Describing the meeting as a “new beginning” between the private media and the government, SoS Janneh expressed delight over the improved dialogue between his office and the private media especially the GPU executive.

He promised to liaise with his colleagues in the relevant government departments to help come up with measures to address the concerns raised during the meeting. He also promised to help explore the possibility of the GPU getting a plot of land for an office.

Dr. Saidou Jallow, permanent secretary DOSCIT also prayed for the continued dialogue, confidence and trust between the private media and the government.

Also, present at the meeting were Musa Saidykhan and Ndey Tapha Sosseh first vice-president and secretary general of the GPU respectively, as well as Fatou

Touray and Kaddy Bajo of the media unit of the DOSCIT.


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