*Foroyaa Newspaper Burning Issue*
*Issue No. 08/02/2006, 7-10 January, 2006*   *Editorial*

*THE JUDICIARY IN FOCUS***

The debate is on regarding the role of the judiciary in a democratic
society.  Section 25 subsection (1)(f) of the Constitution states very
clearly the powers of the executive and judiciary in relation to the rights
of people in the Gambia.

It states: "Every person shall have the right to freedom to petition the
executive for redress of grievances and to resort to the courts for the
protection of his or her rights" The Executive is expected to be sensitive
to the grievances of the general public.  However where it fails to respond
any person can resort to the courts for protection.  The courts are
therefore the protector of fundamental rights and freedoms.

This is why section 120 subsection (2) vests the judicial power of the
Gambia in the courts.  It adds under 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 provided by this Chapter shall
not be subjected to the control or direction of any other person or
authority"

One may now ask: What should one do when one has grievances against the
courts? The answer is simple, the courts have an administrative structure.

Section 121 of the constitution states that "The Chief Justice shall be the
head of the Judiciary and, subject to the provisions of the Constitution,
shall be responsible for the administration and supervision of the Courts."

Hence grievances can be addressed to the Chief Justice.  What then are
his/her powers. According to section 143 (1).  In the exercise of his or her
responsibilities for the administration of the Courts, the Chief Justice may
issue orders and directions for the proper and efficient operation of the
Courts.

What other actions can he take against a Judge?  According to section 141
subsection (4) the Judges can be removed from office because of infirmity of
body or mind, or misconduct.  To remove a Judge section 141 (5) obliges at
least half the members of the National Assembly issue a notice of a motion
to remove a Judge to the Speaker stating grounds.  When the notice is
received the Speaker would cause a debate to be held and if two thirds of
the members support the motion a tribunal must be set up to investigate the
case.

According to section 141 subsection (8) where a tribunal is established
under this section in respect of any Judge, the Judge shall stand suspended
from office....." The constitution has therefore established safeguards to
discourage misconduct or abuse of power by Judges.  It is hoped that the
members of the Gambian Judiciary will be alert to their role in safeguarding
the open democratic society dedicated to freedom, peace, progress,
prosperity and justice as envisaged by chapter 20 of the constitution.





*Interview With Halifa Sallah*

* *

*ON THE SELECTION OF NADD FLAG BEARER, COUNCIL ELECTTIONS, THE AU SUMMIT IN
BANJUL, ANTOU GAYE'S IMPRISONMENT AND BAIL, THE GROUNDNUT TRADE.*

*FOROYAA:*  The pressure is on for you to explain how far you have gone with
the selection of a flag bearer.  Since the last interview have you made any
progress?

*Halifa:**  *Progress is being made stage by stage.  We cannot come up with
the best possible candidate unless the best possible method is utilized to
arrive at a consensus.  The M.O.U states that we may select a flag bearer by
consensus or through a primary if these is an impasse.

There are no prescriptions on how to arrive at a consensus.  This is why
methods are arrived at through proposals and expression of unanimous
approval.  The first method of selection through asking for nominations had
failed; we are now applying a new method?

*Foroyaa:* What method?

*Halifa:  *We have issued a press release to that effect.  An adhoc
committee has been set up to take all recommendations into consideration in
establishing criteria for the selection of flag bearer.  The nine criteria
recommended by the committee as the yardstick to guage who is better suited
to be the flag bearer has been unanimously approved.  The committee has
spelt out certain conditionalities to be accepted by the candidates for the
selection before doing their assessment.  Consultation is on regarding the
conditionalties.

*Foroyaa:*  Is it not getting late.  Many supporters feel that the
leadership is just procrastinating.  Don't you share this view?

*Halifa:*  I am not sure whether the leadership can be rightly accused of
indecisiveness.  I think the decision is a very difficult one.  The success
or failure of NADD lies in the person we are to select as flag bearer.  Those
who are selected as candidates for the office do not matter.  Anybody can be
proposed.  However those who owe obligation to the nation and to posterity
are the members of the executive committee who will be responsible for
selecting one person among all the candidates for selection:  To select a
person who shall be a spokesperson for all the members of the Executive
Committee and meet the expectations of the vast majority of Gambians
irrespective of party affiliation is not an ordinary task.  It requires
maturity, security and adherence to the dictates of conscience and the
national interest.  I sincerely believe that maximum effort is being made to
establish the best method of selecting a flag bearer. People are free to
suggest alternatives.

*Foroyaa:  *Are you concerned that this time everyone is on board despite
all the rumours of a split.

*Halifa: * I have constantly emphasized as Coordinator, I report what had
been unanimously agreed or what all members the Executive consider to be an
objective and incontestable view.

I cannot make predictions, what I can say is that the process is on.  The
outcome depends on the members of the Executive Committee.  I must say that
the stakeholders are more than the members of the Executive Committee.  Can
you believe that the NADD supporters have formed consultative blocs and have
been demanding for progress report on a regular basis.  The Executive
Committee cannot afford to fail to make progress.  This would earn it the
alienation of the masses because of betrayal of their expectations.

*Foroyaa: * You mean the supporters of NADD do not see the series of meeting
of the Executive as a waste of time?

*Halifa:  *In my view, the exercise in determining the flag bearer is a
blessing in disguise.  The activities surrounding the exercise, especially
the involvement of the masses is a school for democracy. The supporters
originating from all parties have been convening meeting to take the
leadership to task.  Never in the history of Gambian polities had a
leadership been engaged by its mass base in a more persistent and intense
manner as the NADD leadership they criticize freely to compel the leadership
to resolve the problem.  In my view, if the main base can criticize the
leadership openly to urge them to solve a problem, they would certainly
continue to scrutinize that leadership after they assume the responsibility
of managing the affairs of the state. The people are being empowered by the
debate to select a flag bearer.  It is this empowerment, which is the
objective for the political emancipation or liberation of the masses.  NADD
is achieving this before being entrusted with the responsibility of running
the affairs of the country.

*Foroyaa:  *Why is this a blessing in disguise?

*Halifa:*  It is important to emphasize that NADD is a united front.  It is
a transitional instrument to ensure peaceful transfer of power, to empower
the people to select who will manage their affairs in a free and fair
manner. NADD intends to humble Executive power by constitutional and
democratic safeguards. This is why the presidential candidate, if elected
will bind himself/herself to the dictates of collective programme and
leadership.  This humbling process has started with every one being
subjected to the will of all the members in particular or the masses of our
supporters in general.  It is my view that a NADD flag bearer whose
selection is based on criteria established by common consent and approved by
popular demand would never have the power to abuse popular will to impose
tyranny and poverty over the people.  On the other hand if the people are
called upon to decide the awakening masses who are taking part in determing
who will be the flag bearer of NADD will rely on their awareness to prevent
any NADD flag bearer from betraying their aspirations.

*Foroyaa:*  The whole world is interested in knowing whether a split has
occured

*Halifa:  *NADD must be transparent and accountable. There is no need to
depend on rumours. The Executive Committee has resolved to communicate to
the public through the issuing of a press releases on a periodic basis. One
is likely to be issued during the weekend to clear the air.



* *
Gamco And The Groundnut Trade

Some members of the Executive of (FACs) Federation of Agricultural
Cooperative Societies and the Private Buyers Association are accusing Gamco
of frustrating the farming community.  The accusation came in the wake of
the G.G.C. having funding of D35 million to start groundnut marketing.  Members
of the executive of FACs allege that Gamco had failed to give financial
support to FACS as required by their agreement; that they could not
understand why GAMCO is yet to replenish FACS with the value of 1500 tonnes,
transited to depots nation wide, out of the 2840 tonnes; apart from this
2840 tonnes contracted to FACS by Gamco, the federation as at Friday,
27thJan. 2006, made a total credit buying of over 5000 tonnes; that
since there
is no replenishment, the fate of the farmers remains in limbo because FACS
does not have funds and is yet to come to terms with (GGC) Gambia Groundnut
Cooperation, who have funds.

In the same vein, a group of private buying agents, allege that Gamco has
been abnormally terminating their contract agreements with them.  The group
indicated that Gamco had taken back the Cheques allocated to them for crop
buying.  At the same time, a source has, informed this paper that the
current SOS had discovered that Gamco failed to sign the collateral
agreement for the D120 million between them and the Social Security.  Reports
have it that the state is to encourage GAMCO to come into the market in
order to enable the state to make them sign a fresh agreement, including the
D120 million collateral for security.  This, the source said would enable
the current Agriculture SOS to succeed in getting them a loan, when Gamco
ask for D22 million.Gamco has promised to give their reaction. We will
publish we will publish it as soon as they do so.



*The Fate Of Sofanyama Bridge*

The Pakaliba Bridge, commonly known as the 'Sofanyama Bridge', is in a
critical condition.  Divers and commuters along the Soma Basse road find it
difficult to cross the bridge. Passengers disembark their vehicles upon
reaching the bridge to allow their drivers to carefully cross the bridge
while they (the passengers) walk on the foot paths.

The condition of the bridge is so precarious that youths of Pakaliba are
every time seen at the bridge, directing and alarming drivers who are about
to cross the bridge.

When  a Foroyaa  visited the bridge he found members of the Department of
Technical services mending some of the pot holes at the centre of the
bridge. The holes are so big that mending them will take some days.

Our reporter has been trying to speak to the officials of the department of
state for works and infrastructure find out what plans Government has as far
as the Pakaliba (Sofanyama) Bridge is concerned.

According to unofficial sources, the state has plans to construct the Soma
Basse road and that during the construction of this road the Sofanyama
bridge will also be constructed. The official said that the construction of
this road and the bridge will start in the next two months. He did not say
how ever which company is going to take care of the construction.




Trial of NADD Trio Resumes

* *
*By Yaya Dampha*

The trial of two members of the Executive Committee of the National Alliance
for Democracy and Development resumed on Thursday, 2 February 2006 after a
break of more than a month.

When the case was called at nine o'clock, the first defendant, Halifa
Sallah, was not present. The second defendant, Omar Jallow was present.
Lawyer Ousainou Darboe informed the court that Halifa Sallah was on his way
coming, noting that the defendants were not served and they got the
information late on Wednesday.

At this point the trial was adjourned till Monday, 6th February, 2006.

When Mr. Sallah arrived at about 10 am the court was informed of his
arrival. The trial judge, Justice Yamoa, then told Mr. Sallah that he was
late and Mr. Sallah explained that they were not served and he had assumed
that the trial was to start at 10 a.m. The strict judge then told him that
is the reason why she did not issue a bench warrant.

The case of Hamat Bah is scheduled for another date.

The three, Halifa Sallah, Hamat Bah and Omar Jallow, first appeared before
Justice Paul on Friday, 18 November on charges of sedition, false
publication and unlawful retention of an official document. The trial judge,
Justice Paul, remanded them in custody but the trio appealed unsuccessfully
for the case to be transferred to another judge. But they succeeded in their
application for bail. They also filed an appeal in the Supreme Court to turn
down the decision of appeal of the Gambia Court of Appeal. But this may now
be  an academic exercise as Justice Paul has now been transferred to the
Civil Division of the High Court and another judge Justice Yamoah, is now
handling the case.





*BANJUL – BASSE ROAD:*
*A DEATH TRAP*

Previously travelling from Serrekunda to Basse used to take nothing more
than seven hours for an average traveller. But now a days travelling from
Serrekunda to Basse is undoubtedly a rather laborious task, and anyone who
travels the distant within twelve hours must surely count himself or herself
as a very lucky person.

Recently just before the "Tobaski" prayer, at a time when demand for
vehicles travelling to the countryside was high, a group of over sixty
people, all looking for a vehicles to take them to Basse, gathered at the
Bundung Motor Park. Unfortunately for these travellers, at that particular
time there was no other vehicle around to take them to their various
destinations, except big trucks which are not even worth transporting
animals, much more human beings. As a final resort, these groups of
desperate travellers had to embark on this truck where bags and other
luggages were used as seats. After having left the Bundung Motor Park late
in the evening, it was natural that exposure to the cold weather was
inevitable and the dilapidated condition of the road also invited another
unavoidable but unwanted guest, dust.

As such one may ask, why do people have to travel on such vehicles and are
they not putting their lives at risk? Well, according to one man who was
travelling on the truck, there was scarcity of vehicles at that particular
time and failure to embark on such vehicles, would means not travelling to
your destination because it was the only one available at that time. The man
further stated that the reason for scarcity of vehicles was due to the
horrific and dilapidated state of the Trans Gambia Highway and the
deplorable state of the road dissuades many drivers from plying the road. He
concluded by describing the road as a death trap.

Another passenger Alhagie Karamo Conteh said travelling on such vehicle is
regrettable, but there is no other option. According to him travelling from
Serrekunda to Basse in twenty four hours clearly amounts to living in hell
on earth.



**

*DECLINE IN RICE PRODUCTION*

 *By Abdoulie Dibba*

The domestic paddy rice production during the 1980/2005 period declined from
an all time high of 42,700 tonnes in 1980/81, to a near all time low of
13,200 tonnes in 2003/04. These facts were revealed by a report emanating
from a rice study commissioned by ActionAid The Gambia. The study was
conducted in four Divisions in the Gambia. The report revealed that "in the
Gambia like many other Africa countries, the structural adjustment and
economic recovery programmes of the mid-1980s that introduced trade
liberalisation and removal of subsides on farm inputs and guaranteed prices
made local agro-production very expensive for the farmers and consumers
alike, even before WTO agreements on agriculture were implemented." "The
incidence of structural adjustment and economic recovery programmes were
occasioned by a series of economic disruptions which did not only trigger an
unprecedented rate of import of rice into the country but also undermined
the national strife towards a perverse policy of self-sufficiency in rice
production." The report went further to reveal that "the cumulative effect
of worsening terms of trade and over-extension of government's development
and recurrent budgets to stimulate accelerated growth during the 1975/85
decade led to a rapid drawing down of foreign exchange reserves and
increasingly severe budgetary and balance-of-payment strains." "Thus despite
the variety of public investment measures especially in irrigated rice
development under-taken to promote increased production, the country became
dependent on external funds for development including the operation of
STABEX, and food aid to supplement commercial imports of food to meet annual
cereal deficits."

This the report revealed "occasioned a secular trend in the substitution of
rice and to a lesser wheat, in place of traditional food crops of millet,
sorghum and maize and started to play an important role as the most
preferred stable diet." The report revealed, "prior to the 1975/85 decade,
the government adopted and pursued a policy of rice self-sufficiency through
the implementation of two projects." "A Taiwanese Gambian Technical
Assistance Agreement, which initiated systematic small-pump irrigated rice
development, was commissioned in the two distal division of the country in
1960." "An IBRD-IDA- supported Project was commissioned in 1973 to expand
the experience of the former within the same divisions." The report went
further to reveal that "the Technical Assistance Agreement was terminated in
1974 and the IBRD-IDA project was closed in 1976 by which date the two
initiatives developed a total of 1607 ha. of small pump irrigated rice
land." According to the report.

 "The ERP achieved substantial stability of the economy by 1990." "Between
1985 and 2005, the government commissioned five important rice development
projects as part of its ERP stabilization activities and sequential
consolidation of its gains. These projects amounted to a total of US$44.369
million excluding the on-going rice development activities under the renewed
Taiwanese-Gambia Technical Assistance Agreement since 1996." The report
revealed that "the foregoing investment in rice production notwithstanding
domestic paddy rice production during the 1980/2005 period declined from an
all time high of 42,700 tonnes in 1980/81 to a near all time low of 13,200
tonnes in 2003/04." The report said "correspondingly, milled rice imports
soared from 33,680 tonnes in 1980/18 to 73,825 tonnes in 2004/05 whereas
domestic coarse grain production (millet, sorghum and maize) grew from
36,600 to 183, 820 tonnes during the period under review." "The foregoing
relative picture of domestic rice, coarse grain production and rice
importation provides the anchorage for this investigation into rice import
surges in the Gambia."

The report revealed that "Food import surges and their perceived negative
effects on producers is a sensitive economic policy matter." "Depending on
the sensitivity and vulnerability of the affected sector, it also tends to
quickly become political." Internationally the report said, import surges
have been occurring in developing countries for the past two and half
decades or so and many observers relate this phenomenon to the lowering of
tariffs and consequent opening-up of domestic markets with the
implementation of WTO agreements on agriculture." The report indicated that
"while farmers in developed countries receive subsides from their
governments, those in the poor countries do not." "it is inconceivable how a
farmer earning less than US$310 a year (average per capital income in
Gambia) can compete with a farmer enjoying a subsidy of US$20,000 a year
(average subsidy in OECD countries)." The report pointed out that "the
result is that farmers, especially those in the rich countries continue to
export to the developing countries and this means that the farmers in the
developing lose even their own local markets let alone export their produce.

*REASONS FOR THE DECLINE*

*Sarra Kunda Village*

The study revealed that at Sarra Kunda in the North Bank Division, Swamp
rice is cultivated by all the compounds in the village with each cultivating
between 5 to 30 hectares of land annually. Although both men and women
undertake rice production, women spend more time and carry out most of the
field operations with men's input being more important during transplanting.
Rice production technology is mainly manual labour with little or no use of
machine. Rice is generally grown in deep water swamps near the river.
Varieties grown comprise short and long duration varieties such as "Mayor"
and "Yankuba Sabally." The study revealed, "Rice production has witnessed a
declining trend due to reduction in the area under cultivation with
abandonment of certain Zones closed to the river. The highest rice
production periods were in 1958 to 1962 when most households were self
sufficient in the commodity.

*Constraints Encountered.***

The study revealed that a number of constraints were highlighted by the
community as inhibiting rice production and productivity. These include:

1.         High water level/risk, which results in submergence and washing
away seedlings on transplanting. This has led to the abandonment of eight
(8) zones of production by the villagers;

2.         Lack of bunds leading to the spread of streams, which provide the
path for Hippos to invade and destroy rice fields;

3.         Invasion by fishes that eat newly planted rice

4.         Crop loss due to vertebrate pests such as pigs and monkeys;

5.            Difficulties in accessing rice fields due to lack of bridges
or of the presence of bridge collapsing;

6.         Limited access and unavailability of early maturing rice
varieties;

7.         Salinity of rice fields; and

8.         Limited labour availability due to migration.
*Suggestions for Improvement*

In order to improve rice production and productivity in the short, medium,
and long-term, the following have been suggested for improvement:-

1.            Provision of early maturing rice seed varieties;

2.            Provision of farm implements;

3.            Improved access to rice fields (construction of access ways);

4.         Institute adequate pest control mechanism; and

5.            Provision of public agency support with the use of community
labour in improving access to rice fields through bridges.
*Touba Kuta Village*

In Touba Kuta, the study revealed that Rice Production varies depending on
the season. During the wet season, the functional production system is
mainly rain fed swamp rice whereas in the dry season the functional
production system is irrigated swamp rice promoted by the Taiwanese
Agricultural Mission. Between 1964 and 1977, rice production was big. But
with persistent drought conditions, it started to decrease from 1978 onwards
until 2002 when new tidal swampland development brought cultivation
resulting in increased production.
*Constraints Encountered*

The study revealed that the following are the existing constraints in rice
production in Touba Kuta:-

1.         Limited availability of ploughing services;

2.            Difficulties in access and affordability of fertilizers (cost
and availability);

3.         Limited availability of rice threshes; and

4.         Limited labour supply for farm operations in rice perimeters.

Suggestions for Improvement

The main suggestions for improvement by the farmers in the community include
improved access and availability of rice threshing machines to reduce
post-harvest losses and greater access to land preparation machinery.



*IEC DELETION EXERCISE FACES PROBLEM*

*By Yaya Dampha*

The Independent Electoral Commission (IEC) launched a deletion exercise on
the 24 January 2004.  The aim of the exercise is to remove from the register
of voters names of persons who are dead or have ceased to be qualified as
voters, as required by section 35 of the Election Degree.

However four days after the commencement of the exercise the deletion
officers approached FOROYAA and informed us that they were issued with
one-week contract letter of appointment contrary to the two weeks that they
signed prior to the exercise.  This has caused a rift between the deletion
officers and IEC.  Many of them believe that the regional officers were
trying to cut their pay.

According to some deletion officers in URD and CRD before the exercise they
were trained and appointed for a two week contract.  They after claim that
they started the IEC saw that they were going to complete their work within
a week.  This, they claim is why the IEC had changed its mind and now wants
to pay them for one week instead of two.  Some of the deletion officers have
reportedly retained the IEC forms and are demanding two weeks pay.

However it is reported that the NIA in Basse have intervened and arrested
some of the deletion officers, forcing them to surrender their documents or
face possible prosecution.

When contacted the Chief Electoral Officer, Mr. Kawsu Ceesay, said the
problem is with those deletion officers who misconstrued the contract he
said initially the contract was for two weeks, but some of the deletion
officers completed the work in less than one week, while the IEC had sent a
week's appointment letter to the deletion officers in the field and had told
them that those who could not complete their work within one week would be
paid the extra days they have done.  He said already some deletion officers
have submitted their forms and have been paid for one week even though some
of them had worked for less than a week.  Mr. Ceesay said presently in U.R.Dand
C.R.D the N.I.A have intervened and are awaiting the final reports from
their regional offices.

He emphasized that the deletion officers should know that two officers to a
polling station could not take them two weeks and that after they were
posted the regional officers went to meet them in the Villages and told them
that instead of the two weeks that they were earlier on told, they will be
paid for only one week.

The NIA intervention seams to have brought the exercise to a stand still


THE UNHAPPY STREET BEGGERS

*The Disabled Need Skills*

*By Karanlang Jaiteh*

The disabled people street beggars around West Field or Maroun's Supper
Market are very unhappy with some of the people who try to use them as
market commodities, by pretending to be helpers.

When I visited them at West Field, near Maroun's Supper Market, they
stressed their disappointment with some of the people who pretend to be to
their helpers. They took many of their photographs, video Cassettes with so
many fruitless promises, which never turn to their favour but rather to that
of the pretenders. They said, many of these people succeeded by using their
photographs but have now turned their back on them. Some of these people are
Gambians but the vast majority are non Gambians. It has even been indicated
that there is one who is running an organisation on behalf of the disabled,
without registering a single member. He is running the organisation without
allowing the disabled people access to his office. He has no single disabled
working within his office and he is doing everything by himself. The
disabled people are seeking the assistance of the entire country from it's
length and breadth to come up with a supportive agenda which can better help
them to be self sufficient in order to be able to pay their children's
school fees and take care of their personal problems. Some of these disabled
people are Quranic scholars, tailors, etc. They need the help of the people
to organise a business entity for them. They need skills training so that
they can earn a better living than being on the streets begging. Who is
ready to help the disabled people at heart? By how? How soon and when? They
want to be productive as they too have a share in nation building.