Haruna,
Consider for a minute, if all the things Halifa have mentioned
that we should have done at Independence did materalized, how would we
picture the Gambian political situation today
I think the arguments.he raised are very profound, and we may
not have realized it then, but with the benefit of hindsight and a
thorough understanding of the political dynamics that evolved, the
historical narrative put us in a better position to right the wrongs of
yesterday. This is the opportunity that people like Halifa, who has
taken the time and discipline to study the historical narrative wants
to impress.
. Clearly, at the time of independence Halifa was very young; and
if I have to assume he was not more than ten years old. Therefore, it
must have taken a lot of conviction, aptitude, vocation and a sense of
purpose, for Halifa to dedicate his time and efforts not only to
understand the political dynamics of that era; not only to interprete
its history but to impact on that history as well. To create a vision:
a country that deliberately construct its entity and survival rooted in
the best instiutions and structures, that affords it citizens to live a
prosperous, free and dignified existence.
The argument, I believe, Halifa is making is that we have to
deliberately construct the instruments that govern our relationship
with one another; as well as the relationship that bind us to the
geographical space that we all call our home. Since we all have biases;
since we all have different interest persuasions; and may profess
different religious and ethnic identities, we should construct the one
thing that we all share in common, our Gambian indentity and our
constitution, from a position of total surrender to the dictates of
what is just; what is right and what is humane. This was never done
from the time of our independence; and this is what we ought to do now.
Rene .
-----Original Message-----
From: Haruna Darbo <[log in to unmask]>
To: [log in to unmask]
Sent: Fri, Mar 5, 2010 12:55 am
Subject: Re: Foroyaa News: The Road to Self Determination and
Independence On the 18 F...
Dad, thanx for sharing. What a way to sell PDOIS-2011. I mean the
history is all good but it seems to me Halifa and PDOIS were and still
are part of that history. To now tell us we got to start over because
the earlier constitutions were not explained to All the people of
Gambia is incredible. I think PDOIS has been explaining the 1970 and
1997 constitutions to "ALL" the people for over a decade now. Look
where that got them. It would seem self evident to me that if PDOIS
translates the current constitution into Mandingo, Fula, Wollof,
Sarahule, Jola, Serer, Aku, and Manjago, that they would get more
mileage out of it than try to explain it in English to ALL the people
of Gambia. That still would not alter Gambia's history. So to say we
have to go back now and do the explaining to all the people would imbue
patriotism in the people to become independent from Britain again is
mind-boggling. We may not have been independent in 1965 or perhaps in
1970, but by God we are now independent of Britain. We are not going
back to prosecute history because it will be another history we will
make. And that may keep us unindependent from Britain. What a waste of
time and intellect. Revisionism is for the faint-hearted. History is a
permutation of events. It is not linearly iterative. Altering one
single regime of events in history(explaining the constitutions to all
the people), if that is possible, will alter the entire history. That
will not necessarily alter the outcome of your history. It merely
alters the permutation of events. People alter their own histories. Not
the events. Explaining constitutions to all the people does not
necessarily yield comprehension or the same comprehensions.
I suggest we work with what we've got and make it better. If you were
to pick Halifa up right now and drop him in the middle of Suomi and
tell him this is your new home from now on, I'm not sure he'll survive
for a week. Life is dynamic. We cannot turn back time because the new
arrivals can't wait for us to do that. So we need to learn to solve our
problems as they are presented to us each day. Learning history is good
for all societies. It is the lessons of history we must use to adapt to
contemporaneous challenges. This is cheap propaganda. Let's begin again
because we needed PDOIS leading us inorder to be certified independent.
Its like saying "follow me to the BIG DINKO and we can climb out the
other slope and be independent of the DINKO. Just the thought of it is
exasperating.
Any criminals and criminalities among us will still survive
constitutions. So I say instead of starting from square one (I don't
know why PDOIS likes going back to drawing boards? Can't they get it
right the first time? And how many times should we be going back to
drawing boards anyway?), confront the malignancies and criminalities
today that reduce your sovereignty to nil. If you can't do that, please
give us our friggin peace.
Vat is zis??? Haruna. I don't want to be recolonized so I can be better
independent. NO. I'm not kona do it.
In a message dated 3/4/2010 3:37:52 A.M. Eastern Standard Time,
[log in to unmask] writes:
The Road to Self Determination and Independence
On the 18 February celebrations
By Halifa Sallah
Independence is not an event. It is not an emotive or
sentimental construct. It is a by product of an evolutionary
epoch making process which spreads over decades of historical
engagements. It constitutes the harmonisation or weaving of
diverse communities and social entities into a complex social
organisation that we call a Nation. It is a vision and a
Mission to affirm the right of a people to self determination in the
civil, political, economic, social and cultural domains.
Independence has two fundamental features.
First and foremost, it aims to affirm and assert the right to
Nationhood, that is, the right of a people to a homeland that
they could collectively call their own; a homeland endowed with
National rights to Sovereignty, Territorial Integrity, and
political Independence and safeguarded by a united, free and
indomitable people or citizenry.
Secondly, it is designed to guarantee the sovereignty of each
citizen and affirm their equal power to determine how their
destiny is to be managed to ensure the fullest realisation and
protection of their civil, political, economic, social and
cultural rights.
Hence as the Nation commemorates 18 February as Independence
Day it is necessary to map out the road which led us to where
we are today, identify the challenges which confront us at this
very moment and indicate where we are to go from here. This is
the task imposed on us by necessity and common sense. We must
fulfill it before we could make any movement forward. This is
the only way we could give meaning to the remembrance of a date
like 18th of February.
History is the teacher of all those who wish to learn from the
past in order to be able to shape the future. It is therefore
important to put the record straight before we could draw the
right lessons that could be relevant to our cause to make our
right to self determination a reality. It is often repeated
that we have been colonised for 400 years. Some claim that
Gambia was reduced from the size of an elephant to that of a
snake. Some claim that a Nation conceived to be improbable has now
proven its viability to the credit of its architects.
History is born out of facts and not fiction. If Gambia was
colonised for 400 years why did Captain Grant sign a treaty with
the King of Kombo in 1816 to establish the settlement of
Banjul? Why would he be compelled to renew the Treaty they
signed with the King of Nuimi to continue to settle at the
James Island in the same year? Why would they seek the
permission of the King of Lower Niani to settle in Maccarthy
Island in 1823? Why would they seek authorisation from the King
of Nuimi to settle on a landscape measuring one square mile at
Barra point in 1826? Why would they seek authorisation from the King of
Wuli to settle at Fatatenda in 1826? Why would they seek
authorisation from the King of Lower Niani to occupy the land
referred to as the Ceded Mile in 1844? If the territory of The
Gambia was under British domination for 400 years why were
armies under the command of indigenous rulers or religious
leaders in control of many areas in between 1850 and 1894. In
short, how could Maba’s forces impose their will on the
inhabitants of Baddibu, Nuimi and Sine Saloum? How could Foday Kaba’s
forces impose their will on Jarra, Kiang Niamina and Foni? How
could Foday Sillah’s forces change the face of Kombo? How could
Alfa Molloh’s forces impose their will on inhabitants of
Jimara, Tumana and Fulladu? Why would the French sign a treaty
with Musa Molloh as late as 1894 to establish a settlement in
Fulladu? Why would the British sign a treaty with him as late
as 1901? It is therefore a falsification of history to claim
that Gambia has been colonised for 400 years.
In fact there was no country or Nation with a territorial
integrity and sovereignty called The Gambia prior to the
establishment of the internal and external boundaries of the
country which began in earnest in 1889 and was finally
completed in 1902. Prior to the external construction of the
boundaries now known as The Gambia and its internal
consolidation, there were different sovereign states and communal
societies which struggled for dominance. These wars undermined the
trade of the settlers. In between 1850 and 1890 the war was so
intense that the imports and exports of the settlers dropped
respectively from 153,000 pounds and 162,000 pounds in 1839 to
69,000 and 79,000 pounds in 1886. This is what compelled the
British settlers to intensify their negotiation with the local
rulers who were ready to collaborate with them in exchange for
military support when ever they were attacked by their
neighbours. They also intensified their negotiation with the
French to have effective control of the territories relevant to their
trade.
History teaches that movement towards colonial domination could
only be possible when sufficient alliances were made with the
weaker rulers against the stronger ones and when more
indigenous people considered it safe to move into the
established British settlements like Banjul. British settlement
in Banjul grew in population as a place of refuge for those
displaced by war and those freed from slavery. As trade and
businesses grew, institutions, laws, administrators and education
grew along with them. Once their settlement in Banjul became
consolidated the British settlers had to define the territory they
wanted to transform into the colony of The Gambia. The settlers
decided to define the external personality or identity of
today’s Gambia on 10 August 1889 by establishing a boundaries
commission comprising French and British Officials. Once the
external identity of the Gambia was drawn the French and
British administrations in Gambia and Senegal combined their
forces to combat those who resisted their attempt to impose
their will to transform their settlements into colonies. Once
Faday Kaba was martyred in 1901 and Musa Molloh contained, the British
colonial administration came up with the Protectorate Ordinance
of 1902 to divide the territory, whose boundaries had been
agreed upon by the two colonial powers, into a colony proper
and a protectorate. All the people who resided in the
demarcated territory became British subjects. Hence there is no
historical evidence to give legitimacy to the claim that Gambia
was colonised for 400 years or was reduced in size from that of
an elephant into a snake. The Gambia was externally considered to be
under colonial rule in 1889 but was effectively put under British
colonial domination in 1902. This is the fact of history and is
incontrovertible.
However, the objective is not to live in the past. The
objective is to draw relevant lessons from the past in order to
use them as raw material to construct the future.
Compatriots. the road to self determination and Independence
was fraught with many struggles, challenges, concessions,
reforms and transformations. The book entitled "The Road to
Self Determination and Independence -The Gambia" which is
waiting for publication will give the interested party the
details.
The relevant lesson to draw is that colonialism was a fetter to
the affirmation and assertion of the civil, political, social,
economic and cultural rights of our people. At the advent of
colonialism our people were reduced to subjects without a home
land. They owed allegiance, obedience and adherence to a
foreign power and state. They were banished for any sign of
disobedience to such power in words or deeds. They had no right
to nationhood, no people’s rights, and no right to self
determination and no human rights.
They had no right to manage the affairs of their country
directly or through chosen representatives. However, they paid
taxes, duties, licenses and fees of diverse nature but did not
have right to public services in equal measure. This alienation
of the people gave rise to disaffection and resistance. The
resistance started with the creation of associations, the
convening of sub regional congresses, the establishment of
newspapers to agitate against colonial domination, the
formation of trade unions, rate payers associations and farmer’s
cooperatives. The demands were both economic and political. The
clarion call of the National Congress of British West Africa
reverberated in the Gambia as Edward Francis Small called on
the people to rely on awareness and organisation to build a
people’s power base that could make the colonial administration
to concede to popular democratic demands. ‘No taxation without
representation’ was the clarion call.
Rate payers called for the establishment of local councils to
manage their money. Farmers’ cooperatives called for farmers’
participation in determining producer prices. Workers’ Unions
called for minimum wages which could guarantee existence above
the poverty line. Newspapers tackled injustices and
maladministration. Allow me to mention in passing that after 45
years of Commemoration of 18th February where are the rate
payers associations which demand services for rates paid? Where
are the trade unions which demand for wages above the poverty
line? Where are the farmers’ cooperatives which demand for fair
producer prices?
It did not take long for the colonial administration to yield
to popular demands. It adjusted wages according to periodic
demands. It established local councils and gradually introduced
the elective principle, as demand intensified, until it became
the dominant way of determining representation in the Urban
Council.
The demand for political representation went from the local to
the National level by calling for reforms of the advisory
bodies, which had no relevant executive or legislative powers,
known as the executive and legislative councils, through the
introduction of the elective principle. By 1947 the colonialist
conceded to the election of one member of the Legislative
Council. Edward Francis Small became such a member. The demand
for the right to have elected representatives to manage
national affairs intensified as political parties emerged after
Small’s victory. This led to multi party contest in the Urban area to
fill seats in the legislative council in 1951.The seats increased
to 14 in 1954 and were hotly contested. The separation of urban
and rural areas in both infrastructural development and
representation to the detriment of the rural dwellers gave rise
to agitation in the rural areas. This agitation is what
propelled the PPP to the political stage with the promise to
redress the marginalisation of the rural areas.
Again let me ask in passing, after 45 years has the uneven
development between rural and urban area been redressed? Have the
differences in administrative structures which placed the people
in the rural areas at the mercy of unwritten laws and arbitrary
justice been redressed? Despite all the promises of ensuring
balanced and proportionate development of the urban and rural
areas all became fairy tales of by gone years.
The liberation of Ghana gave impetus to the struggle for the
liberation of all British colonies in West Africa. In the Gambia
the Constitutional Conference of 1959 gave rise to the 1960
Constitution which gave birth to participation of all the
people in the Gambia in determining representation and a house
of representatives. This introduction of universal suffrage was
the beginning of the process of attaining the right to self
determination and Independence. The protest of the leader of
the PPP against the decision of the colonial authorities in
selecting the leader of the UP as Chief Minister gave rise to
the 1961 Constitutional conference which gave birth to the 1962
Constitution which introduced a second pillar in the quest for self
determination and Independence .
It created the office of Governor as the Commander-in-Chief of
the Gambia, an executive council comprising the Governor as the
President, a premier and Ministers who were to be appointed
from elected members in the House of Representatives. It
created a house of representatives comprising a Speaker, an
Attorney General and 36 elected members and not more than 2
nominated members. The Constitutional evolution took place
without the people having full understanding of what was taking place.
The Gambia was gradually moving to attain the right to self
determination without the people being enlightened to know what that
meant. There were changes of instruments and institutions
without real change of status. Notwithstanding, Nigeria had
been declared Independent in October 1960 and Sierra Leone in
April 1961. Gambia was the last on the queue among the four
British colonies in West Africa to be declared Independent. Its
process towards the declaration of Independence had to be
accelerated. Hence in October 1963 internal self Government was
granted and the position of premier was transformed into that of Prime
Minister. However the Prime Minister was still a British subject
and owed allegiance to the British crown.
The claim that Gambia was seen as an improbable nation which
could not attain Independence is exaggerated. It has no place
in law or fact. In short, since 1902 Gambia had a Governor
representing the British Crown who had effective control of the
colony. Secondly, the Constitutional conferences which led to
the gradual attainment of the right to self determination were
demand driven. Thirdly, the OAU had established that the old
colonial borders would serve as the borders of Independent
African States. Gambia was only improbable in the minds of
those who had no knowledge of international law and regional agreements
at the time. The Gambia had to be declared Independent because
of the wind of change which had already blown over three
British colonies in West Africa .
A Constitutional Conference had to be held in 1964 to prepare
the ground for the 1965 Constitution which is referred to as
the Independence Constitution. This is the Constitution which
has given rise to the day the Nation is commemorating today.
Allow me to refer to some of the provisions of the constitution
to enable you to have the mental food to determine for yourself
whether we did attain the right to self determination and
Independence in 1965 or not.
Section 29 of the 1965 Constitution creates the office of
Governor General. It states categorically that "There shall be
a Governor General who shall be appointed by Her Majesty and
shall hold office during her majesty’s pleasure and who shall
be her majesty’s representative in the Gambia."
The oath for the due execution of the office of governor
general is as follows:
"I name……..,do swear (or solemnly affirm) that I will well and
truly serve Her Majesty Queen Elizabeth the second , her heirs
and successors, in the office of Governor General of The
Gambia.so help me God."
This confirms that the Governor General owed allegiance and
obedience to the British Crown. In fact, the 1965 Constitution gave
her Majesty executive power in the Gambia which could be
exercised on her behalf by the Governor General.
Section 62 states that "The Executive authority in the Gambia
is vested in her Majesty."
Section 32 creates a Parliament. It states that, "There shall
be a Parliament which shall consist of Her Majesty and the
House of Representatives."
Section 60 empowers the Governor General to suspend or dissolve
parliament. It states: "The Governor General may at any time
prorogue or dissolve Parliament."
Section 66 defines the role of the Cabinet as follows:
"The function of the Cabinet shall be to advise the Governor
General in the Government of the Gambia and the Cabinet shall be
collectively responsible to parliament for any advice given to
the Governor General by or under the general authority of the
cabinet and for all things done by or under the authority of
any Minister in the execution of his office."
The judges under section 89 were appointed by the Governor
General. Section 70 categorically states that "The Prime
Minister shall keep the Governor General fully informed
concerning the general conduct of the Government of the Gambia
and shall furnish the Governor General with such information as
he may request with respect to any particular matter relating
to the Government of the Gambia."
Now I may ask: How Independent and Sovereign were we in 1965?
How could national leaders who owed allegiance, obedience and
adherence to a foreign power be conceived to have brought about
the right to self determination of the Gambian People in 1965.
The whole truth is that 1965 was just one more phase in the
struggle to attain the right to self determination and
Independence. It was the decisive phase precisely because the
era for colonial domination had passed and it was left to our
own national will and resolution to determine our own pace for the
attainment of our right to self determination and Independence. The
external personality of the country had been redefined. Gambia
was seen as an Independent Nation everywhere around the globe.
Our leaders had the duty to Construct the instruments,
institutions, administrative and Managerial practices to ensure
that the internal personality of the country did conform to the
external personality of Nationhood, especially when it came to
our membership of the OAU. This was the task of Nation building.
This task had six fundamental features, that is, Juridical,
civil, political, social, economic and cultural. It was
necessary for the political leaders, irrespective of party
affiliation, to expose the defects of the 1965 constitution and
its inadequacies as the Juridical instrument of a sovereign
Nation and Sovereign people who were expected to have attained
the right to self determination.
In short, political leaders should be able to distinguish party
interest from National interest. A law provided for the holding
of a referendum to decide whether the country would continue to
be a constitutional monarchy under the British Crown in
accordance with the 1965 Constitution or become a Republic
under a Republican Constitution. Hence, regardless of their
political differences all political leaders should have made it
their role to explain the content of the 1965 constitution to
the people, clarify why Governor John Paul was still in The
Gambia as Governor General after Independence was supposedly
attained on 18 February 1965 and indicate why the Constitution handed
over to them in 1965, fell short of a genuine Independence
Constitution. They should have enlightened the people to know
that genuine Independence would require sovereignty to reside
in the People; that authority to govern should be derived from
them and them alone and should be exercised with transparency
and accountability to promote their liberty and prosperity. The
lesson is now as clear as noon day.
The making of a modern Nation starts with the making of its
Juridical instrument, its Constitution. It constitutes the
architectural sketch plan for building the nation. Contrary to
the views of elites, that these are not matters for
illiterates, historical science has taught that people could
only take full ownership of a country if they take part in its
making and the first civil act a people could take part in
nation building is the building of its juridical instrument or
constitution. This is why a referendum is held to approve
Constitutions.
In 1965 a referendum was held to determine whether the Gambia
should remain a constitutional Monarchy or become a Republic
without putting the two Constitutional Instruments before the
people to compare. The referendum should have been about
accepting or rejecting a Republican Constitution which would
repeal the 1965 Constitution once approved and put into force.
In short, if the political leaders in the Gambia had made it
their duty to explain what self determination and Independence
meant in 1965, exposed the content of the Constitution to the
people and then projected what a Constitution that reflects their
right to self determination and Independence entailed they would have
seen the need to transform the country from a Constitutional
Monarchy under the British Crown into a Republic with a
Republican Constitution which makes them sovereign. If they
voted for the new Constitution to create the Republic we could
have genuinely commemorated that day as our Independence day.
In 1965, reason was drowned in a sea of euphoria. Myth was
substituted for reality. Party loyalty ruled over National interest.
Consequently, even though we were the last British colony in
West Africa to be granted the right to determine our own
destiny at our own pace, the political leaders kept the people
ignorant and as a result they chose the slowest pace to attain
self determination and Independence. The referendum which was
held in 1965 was designed for Gambians to decide whether they
wanted to remain under the executive authority of the British
Crown or move to a Republic managed by their elected
representatives. The people did not know what was written in the 1965
Constitution. They did not know the content of the proposed
Constitution which would bring about the Republic. The
referendum therefore failed to succeed and the Gambia remained
a Constitutional Monarchy for five years before it became a
Republic on 24th April 1970. This is the price we had to pay
for declaring a country Independent without raising the awareness
of her people. We cannot have an Independent Nation without an
awakened people.
It is important to mention, in passing, that since the people
did not take part in the making of the 1970 Constitution they
remained largely ignorant of its content until its demise in
1994 and its ousting in 1997. Suffice it to say that the
attempts made to involve the people in the making of the
Constitution of the Second Republic in 1995 and 1996 were, at
best, cosmetic. The people did not enjoy freedom of expression
and association under an Armed Forces Ruling Council which
abrogated all political rights. In the same vein, the Council had
authority to overrule the wishes of the people. Hence the 1997
Constitution could only be said to be the best constitution which
could be made under a military regime but falls short of the
best Constitution a sovereign people could make, if there is no
fetter to their freedom of expression and association, in order
to safeguard their right to self determination and
Independence. This is why this 45th anniversary is so
significant. It must be taken as an opportunity to emphasise that the
Genuine Juridical Instrument, which should affirm sovereignty of
the people and ensure the attainment of our right to self
determination and Independence, is yet to be made 45 years
after Independence was declared. It is therefore our duty to
make a resolution to make it in 2011. In order to create a
spring board for such a mission I will launch two books on the
24 April 2010, the "The Road to Self Determination and
Independence, The Gambia" and "The Juridical Foundation of the Third
Republic" to serve as resource material for Nationwide debate on
the nature of the Constitutional instrument we need to assert
and safeguard our right to self determination and Independence.
The building of a Republic is a non partisan Affair. This is
why I continue to emphasise the need to have a transitional
arrangement in 2011 so that we could involve every one in the
construction of the Nation we have never been able to construct
for 45 years.
Many countries like Kenya, South Africa, etc have had the
opportunity to make a new start but have not exploited it to the
maximum. A transitional arrangement is always necessary which would
leave no one behind in making a new start. This requires a
provisional government structure which would be inclusive,
consensual and temporal and whose members would not be part of
the next following Government arrangement. This is important
for every one who relies on some form of alliance or
unconstitutional means to put a government in office. This is
the new start which had not occurred in countries emerging from war
like Liberia and Sierra Leone, DRC and Cote d’Ivoire. This is the
new start that is needed in Sudan, Somalia, Guinea, Niger or
even outside of Africa like Afghanistan .There is no doubt in
my mind that many countries could have a new start as model
Nations if the purpose of a provisional government is well
defined and its mandate restricted to just one term so that it
could bring every one on board in the form of National
Convention at the Local and national level to debate on and
construct the constitution, involve everyone in its review and
adoption, work together to build institutions to safeguard the
rights and general welfare of the people and prepare the ground
for free and fair election which excludes the members of a
transitional Government. This is a way forward for most African
Countries. It is my conviction that it is way forward for the
Gambia in 2011.
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