REASONS FOR THE UDP LED COALITION BOYCOTT OF
THE JANUARY 2002 NATIONAL ASSEMBLY ELECTIONS
BACKGROUND
Elections are a process and an exercise in pluralism by the people. Before
July 1994 The Gambia had, to her credit, six general elections since
Independence on 18th February 1965. Each of these elections reflected, to a
large extent, the wishes of the Gambia people. However, on July 22nd 1994,
junior officers of The Gambia National Army overthrew the democratically
elected government voted in during the 1992 general elections for a five-
year period.
The military Junta suspended the Constitution, dissolved the Parliament and
established an Armed Forces Provisional Ruling Council (AFPRC). The Junta
ruled by decrees during an ostensible two year transition period which was
characterized by total arbitrariness and disregard for legality and the
rule of law. Most of the decrees violated the fundamental rights and
freedoms of the Gambian people who suffered mass arrests, detention,
torture and unexplained disappearances. There were also reports of extra
judicial killings.
ELECTIONS
In 1996 and 1997, the Junta presided over a self-succession Presidential
and National Assembly elections that were neither free nor fair. These
elections, particularly the Presidential elections, were not recognized or
accepted by any established democracies in the world. The military,
professing to be a constitutional government, stayed in power for five
years without any local government elections – rendering, in effect, the
transition incomplete. The situation still remains the same.
The United Democratic Party formed a Coalition with two other parties (the
People’s Progressive Party- PPP and The Gambia People’s Party GPP that were
banned by Decree 89 promulgated by the Junta in 1996), and participated in
the October 18th 2001 presidential elections. The period of the campaign
was marred by violence culminating in the shooting to death of a UDP
supporter in Tallinding by soldiers. Although this incident was the subject
of a BBC radio interview with a British MP who was one of the monitors, the
world failed to realise the negative impact it had on voters especially UDP
SUPPORTERS. It came following public statements by the leadership of both
the ruling APRC and the opposition National Convention Party (NCP) that
even if the Coalition won, the soldiers will not accept defeat. The
shooting incident took place in the most populous area of the country
confirming fears that Jammeh was ready for violence. The report of the
incident was also repeatedly disseminated through the national media with
the avowed intention of intimidating UDP supporters. The incident was
immediately followed by rampant attacks on, and beatings of, UDP supporters
in various parts of the country by ruling party thugs and in some cases
with the tacit support of the security forces. There were also massive
arrests and detention of UDP supporters in the Kanifing Municipality, Jarra
West and Janjangbureh Town.
The presidential election was marred by systematic under-hand frauds
unknown to the opposition political parties and the other stakeholders.
Chief among them was the decision by the Electoral Commission not to allow
those whose names did not appear in the voter register to vote and which
was later changed in the eleventh hour. Thus all those people, who got
their voters cards through a back-door illegal registration, were all
allowed to vote. In fact, a critical look at the posture of the Independent
Electoral Commission (IEC) will confirm that the Commission by assuring the
UDP led Coalition of its change of stance was nothing but a means of luring
the Coalition into agreeing to participate in the election. It is obvious
therefore, why the Commission failed to produce the head register on time.
Party officials got it a few hours before voting started. Thus, no one had
time cross check the head register. All these go to show that the IEC did
not have the desire to organise a credible, free and fair elections. As a
matter of fact, the earlier announcement not to allow those whose names
were not in the register to vote, was made just because of pressure on and
embarrassment felt by the Commission at a meeting with the international
monitors when a senior official of the Coalition produced an identity card
of a Senegalese national who also got a Gambian voters card also produced.
WHY THE UDP LED COALTION BOYCOTTED THE NATIONAL ASSEMBLY ELECTIONS.
(1) THE VOTER REGISTRATION
It takes more to rig an election than what happens on Election Day itself.
There were fraudulent electoral malpractices by the Independent Electoral
Commission and the ruling APRC party in the months preceding the elections.
We, the main opposition party, had observed that over 50,000(fifty
thousand) non-Gambians have been registered across the border mainly from
the Southern Senegalese province of Cassamance. Some of the centers and
satellite villages where registration took place in the Senegalese province
of Cassamance are as follows:
1. FONY SUMBUNDU
2. KAMOYA BADJI KUNDA
3. BALANDOR
4. MANKERE
5. JULULUNG
6. FONI BONA
7. MARAKESH JOLAKUNDA
8. MARO KUNDA
9. GUI-KUN
10. MAYOR
11. KANIAL JOLAKUNDA
12. YABO KUNDA
13. TABALE
14. SUDAN
15. WAFULU
16. WONKO
There was also registration in ARAFAT GRAND YOFF in Dakar of people of
Cassamance origin. The people who coordinated the said registration are
Jerreh Bojang, a native of Manduar but now resident in Dakar together with
Amoro Badjie and Fatou Badjie.
. These are some of the people whom the Independent Electoral Commission
allowed to vote without their names featuring in the head register. There
were also the cross-border voters who were transported and camped in
various locations like The Gambia College, The Commissioners’ residences in
Brikama and residences of local district Chiefs in Kombo Central and Jarra
West. The UDP led Coalition also discovered cases of double registration,
which even though the Commission was notified, no action was taken on the
complaint.
The Independent Electoral Commission made an order of 750,000 voters cards
which was far in excess of the voter population but which was never
disclosed. Despite repeated demands by the UDP led Coalition to inspect the
stock of voters cards ordered, the IEC still refused thus confirming our
belief that the Commission had a sinister motive. Overall, from the
preparation stage to the day of voting, the whole election was controlled
and stage-managed by the ruling APRC with the connivance of the IEC. A
case in point registration was the rejection by the government of counting
on the spot even though the Electoral Commission had earlier agreed to
this. Again the Majority Leader of the previous National Assembly, in an
interview with the BBC, stated that those whose names were not on the
register would in fact be allowed to vote, knew that something sinister was
going to happen. Indeed, a few hours before voting started, the Commission
again changed its position and voters whose names did not appear on the
register were allowed to vote.
REGISTRATION OF RESIDENT FOREIGNERS.
There was also massive registration of foreigners resident in the country.
This was made possible through the random issue by the Immigration
Department, of Gambia National Identity Cards mainly to Senegalese and
Guinea Bissau nationals three months prior to the official registration
exercise.
The registration and identification of eligible voters, was changed by
government from the standard practice of registering people by settlements,
to registering by polling stations. In the 30 years since independence,
village headmen, religious leaders, and extended family headmen (Kabilos)
were required to testify on oath, to the citizenship of people in their
area of residence. This practice, which had stood the test of time, had to
a large extent since independence, proved successful in preventing non-
Gambians from registering as voters. It was changed by the APRC
Government, and replaced by a system of automatic registration of, at a
designated registration centers, of persons who produced a Gambian national
Identity card or an attestation by any five elders. These five elders were
not required to be present at the registration centers for identification
or questioning as to their knowledge of the person they attest to be
qualified.
REGISTRATION AFTER THE CLOSURE OF THE REGISTRATION EXERCISE:-
Section 14 of the Elections Decree 1996 (Decree No.78) enjoins the
Independent Electoral Commission to determine and declare the period within
which it is to carry out general and supplementary registration in a
constituency. Section 15 of the same Decree empowers the IEC to designate
registration centers. The period within which registration takes place as
well as the registration centers must be published in the Gambia Gazette as
required by Section 16 of Decree 78 .The Independent Electoral Commission
notified the general public that it would conduct a general registration of
voters from 21 May to 30th June 2001. On 4th July 2001 after the close of
registration, the Commission carried out illegal and clandestine
registration at various undesignated places including the Army Barracks in
Fajara. A copy of the names and serial numbers of some of those registered
are attached in addendum 1 of this document. When confronted on this
issue, the only untenable explanation given by the Commission was that it
had to accommodate the late registration of soldiers and other people
admitted at the hospital and the Sanatorium. It was discovered however,
that seventy five per cent of those registered during this exercise were
not soldiers but civilians. This discovery has discredited the entire voter
registration exercise.
WHAT HAPPENED AT THE REVISING COURTS
When the Coalition supporters made public their intention to challenge the
registration of thousands of ineligible persons in the Revising Courts, the
IEC immediately raised the objection fee from one dalasis to five dalasis
(a 400% increase) to make it unaffordable to ordinary Gambians. Some of the
Magistrates presiding in the Revising Courts proved very ineffective in the
adjudication of the objections. One particular Magistrate heavily penalised
the objectors and sent several of them to the notorious prison on the
Island of Janjangbureh. Objectors and, in some cases, witnesses were
intimidated and harassed and physically assaulted by the ruling party
thugs. The UDP addressed a letter to the Chief Justice expressing its
undoubted belief that justice will not be dispensed by the particular
Magistrate but no steps were taken to redress the situation.
TRANSFERS: -
The electoral laws of the Gambia require eligible Gambian voters to
register in the Constituency where they are resident or where they were
born. Section 35 of the Elections Decree allows a voter who has ceased to
be resident in the Constituency in which he is registered as a voter, to
apply to the commission for his name to be transfer to the register of the
Constituency in which he has now become resident. The voter must make the
application for the transfer himself and he must have ceased to be resident
in his former Constituency. In the run-up to the National Assembly
Elections, a massive voter transfer was detected from APRC strong holds to
opposition parties’ strong holds. In Niamina East for example, names of
voters who where neither resident nor born in Upper Saloum were transfer to
that Constituency. Similar massive transfers had taken place to Bakau and
Jarra West Constituency.
The transfers were sponsored by the ruling APRC which had the IEC as a
willing accomplice in this electoral malpractice. The IEC itself
acknowledge the unlawful and illegal transfers to Upper Saloum.
Interestingly, the IEC Chairman in response to a question as to where this
so-called transferred voters were originally registered responded that they
were registered in Janjanbureh. He had forgotten that the voter population
in Janjanbureh is not up to 1200 and any serious Commission, which is not
collaborating in the violation of the electoral laws, would have easily
detected this fraud. It is obvious that the Commission conveniently
ignored Section 35 (4) and (5) of the Elections Decree.
The IEC’s reaction to the UDP led Coalition’s revelation of this electoral
fraud came more than ten days after the Coalition’s press conference on
17th December 2001. The commission had to gives itself ample time to make
up figures for Bakau and Jarra West constituencies as well as to clear of
every trace of their complicity in this unprecedented electoral fraud.
FAILURE TO REGISTER GAMBIANS LIVING ABROAD
Section 11 subsection 1 of the Elections Decree No.78 of 1996, makes it
mandatory for the Commission to register Gambians resident in foreign
countries. There are over 75,000 Gambians abroad who were illegally
disenfranchised simply because the overwhelming majority of them do not
support the ruling ARPC government. The unsatisfactory explanation given
by the Commission for this dereliction of mandatory statutory duty - namely
the lack of funds and manpower - is untenable. The AFPRC government, which
promulgated Decree 78, would not have enacted Section 11 (1) if the
necessary funds and manpower will not be available for the registration of
Gambians resident abroad.
DEMARCATION OF CONSTITUENCY BOUNDARIES
Section 50 (1) of the Constitution vests power in the Independent
Electoral Commission to demarcate Constituencies for the purpose of
elections to the National Assembly and section 50 (2) provides that the
Constituencies should contain as nearly equal number of inhabitants as
practicable. An exercise to that effect was undertaken by the Commission,
under the Chairmanship of Reverend Bishop Solomon Telewa Johnson, who was
subsequently removed and replaced by Mr. G.J. Roberts whose re-appointment
raised very controversial constitutional issues.
The Commission certified the final report on the demarcation of
Constituencies and Boundaries and this was published in the extra- ordinary
issue of the Gambia Gazette of 5th January 2001. The Commission in the said
publication notified all and sundry that “ …The boundaries and Wards so
described in the report will therefore, determine the Constituency and ward
boundaries in the next General Elections i.e. Presidential, National
Assembly and Local Government Elections”. The report on the demarcation
created a level political playing field by ensuring that Constituencies, as
far as practicable, have equally weighted electorates and thereby giving
equal weight to each vote. In its bid to move the goal post to suit its
purpose, the ruling APRC government amended the Constitution, rejected the
report and resorted to gerrymandering by maintaining the arbitrary
demarcation done by the military Junta in 1996.
This demarcation done in 1996, allocated the Fonis, the home area of
President Yahya Jammeh with a total population of almost half of Kombo
North, five National Assembly seats, whilst Kombo North was allocated only
one seat. This was part of the rigging process to give the ruling APRC
undue advantage in National Assembly Elections.
INDUCEMENT
During the Presidential campaign, President Yahya Jammeh and other APRC
officials publicly gave out thousands of dalasis, tractors and other gifts
to individuals and /or communities with the singular aim of inducing and
influencing them to vote for him. This was in blatant contravention of the
Electoral Laws which the IEC section 118 a.
PUBLIC SERVICES
Before 22nd July 1994 the Gambia had a professional politically neutral
civil service. However that changed as the systematic politicization of
the civil service was introduced. During the last Elections civil servants
who were not syspathiser to the APRC and even suspects were dismissed. The
public services commission and the personal management office were rendered
redundant since even 22nd July Movement members (youth wing of the APRC)
can dismiss top civil servants at will civil servant sympathetic to the
ruling APRC campaigned openly and some of them were promoted subsequently,
it is common knowledge that parastatal bodies and state cooperation were
formed to contribute to the APRC campaign funds. Those who refused were
dismissed after the elections. The ruling APRC party also used funds mainly
from local government councils and central government vehicles throughout
the campaign.
The systematic formation of ruling party’s Youth Action Group in government
Departments is meant to destroy the neutrality and the efficiency of the
civil service. Promotions and appointments are now based on political
affiliation instead of qualification.
THE UNITED DEMOCRATIC PARTY’S DEMANDS
Every electoral process, particularly the countries in transition there are
often genuine fears and concerns relating to both technical and
administrative areas of potential abuse. One of the key areas that the
(UDP) United Democratic Party had been fighting for is the equitable
composition of the Electoral Commission.
The UDP would like a multi-party approach that will enable all registered
political parties to designate one representative each on the independent
Electoral Commission.
The present arrangement with the President appointing all Commissioners
compromises the independence of the Commission as he can exert undue
influence.
Taking Jammeh’s tract record of intolerance with political opponents and
public servants who do not support his political agenda, the only credible
Electoral Commission is the one that he cannot dictate to. A case in point
is the dismissal of the Right Reverend Telewa Johnson as chairman of the
IEC. The parties that will constitute the Commission will choose among
them a Chairman. It is only the parties that nominate their representatives
that will be empowered to withdraw them and re-nominate a substitute.
2. Registration of voters
The United Democratic Party demands
- that a fresh registration exercise with the standard practice of
identification of eligible voters used during the 1st Republic.
- That all Gambians living and working abroad be registered and given the
opportunity to vote.
- The intervention of the military, the police and the National
Intelligence Agency in
Partisan politics should totally discontinue.
- Arbitrary arrests, detention and the torture of political opponents
should cease in all future campaigns.
- The loose nature of the register could be subject to abuse. The UDP
demands that the Register be properly bounded and made available to all
political parties and stakeholders at least two weeks before elections. The
party feels that this is the only way to guard against adulteration of the
head register with ghost names. It will also guard against the insertion of
names of mercenary voters from mainly neighboring countries like the
Southern Senegalese province of Cassamance and Guinea Bissau whom the
ruling party have been relying on to help them win in the last two
elections.
- The party also demands that all political parties be given equal access
to the National Media at all times and not only during election campaigns.
- The UDP further demands Inter-party consultation be made a permanent
standing committee to discuss not only elections but also all other matters
relating to the effective functioning of the democratic process especially
as it relates to the political parties.
- The UDP demands a non-partisan review of the electoral laws of the
country especially as it relates to areas dealing with deposits individuals
pay to stand for the various elective posts in the Gambia; the duration one
has to spend in the country before he or she can be qualified to stand
especially for the presidential election. Currently the constitution states
that one has to spend at-least five consecutive years in the country before
he or she can stand for the presidential election. The UDP feels that this
disqualifies genuine Gambians that may have other commitments outside the
country from contesting the post of the presidency.
YND
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html
To contact the List Management, please send an e-mail to:
[log in to unmask]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
|
