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 a
llegiance 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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