Foroyaa Newspaper Burning Issue
Issue No. 63/2007, 1 – 3 June 2007
Editorial
CENTRALISATION OF POWER
Part 2
In the last issue, Foroyaa traced the history of the monarchical policy of
appointing and removing chiefs by the executive who, in the colonial period,
was the Governor. Unfortunately, the first republic did not engage in legal
reform to bring colonial statutes into conformity with the Republican
Constitution of 1970.The practice of involving male compound heads in the
election of
chiefs was adopted whenever the seat became vacant. However the power to
remove chiefs at will remained in the hands of the president. When the
Constitutional Review Commission reviewed and made its recommendation for
the
introduction of universal suffrage in the election of chief within 90 days
after the
seat becomes vacant, the then AFPRC regime which clung to some innovative
proposal just to appear to be more progressive in inclination accepted the
Constitutional reform. However, once it began to understand the impact of
electing
chiefs by universal suffrage, it utilised its majority in the National
Assembly to amend the 1997 Constitution. Section 58 of the Constitution
which was
amended in 2001 used to read as follows:
“(1) Subject to the provisions of the constitution and any Act of the
National Assembly, the Independent Electoral Commission shall be
responsible for
the conduct and supervision of elections to the office of District Chief.”
Hence the IEC conducted the Sami Chieftaincy election after which the
constitution was amended.
Subsection (2) states: “All persons who are ordinarily resident within the
chieftaincy district in which an election is to be held for the office of
District Chief and who are registered as voters for National Assembly
elections
within the constituency in which such chieftaincy district or any part of
it
is situated shall be entitled to vote in an election of the District Chief.”
Subsection (3) stipulates: “The election of the District Chief shall be by
secret ballot.”
Subsection (4) indicates: “A candidate for election as District Chief shall
be nominated by not less than one hundred and fifty registered voters.”
Subsection (5) clearly states that: “An election to fill a vacancy in the
office of District Chief shall be held within one hundred and twenty days
of
the date the vacancy occurred.”
The amended version now reads:
“The President shall appoint a District Seyfo in consultation with the
Secretary of State responsible for Local Government.”
The centralisation of power in the hands of the executive was further
consolidated under the Local Government Act which even created institutions
that
are more monarchical than the ones which existed under the colonial period.
In
short the Gambia had never had a paramount chief but the Local Government
(Amendment) Act now creates the basis for appointing paramount chiefs. Are
we
heading towards the citadel of republicanism or monarchism?
TREASON TRIAL FORMER NAM ENDS TESTIMONY IN TWT
By Bubacarr K. Sowe
Ex-National Assembly Member for Niani Constituency, Demba Dem, on Wednesday
May 30, ended his testimony before Justice Yeboah at the High Court in the
treason trial of the four civilian suspects accused of involvement in the
March
2006 alleged coup plot.
Dem was giving evidence in a trial within a trial (voir dire) to examine
the
voluntariness or otherwise of his statement and those of two of his
co-accused persons, Tamsir Jasseh and Omar Faal (Keita).
Dem told the court that a signature on one of the statements given to him
is
his, adding that he can read every letter in the signature.
Additionally, more statements were given to him but he denied that those
signatures on the statements are his. Dem said that he is seeing those
documents
for the first time and he never signed them. On the one that he agreed to
have signed, Dem said that he was forced and threatened to do so.
Under cross-examination by the prosecutor Emmanuel Fagbenle, Dem said that
he did not know Lamin Cham before and had never met him before the 30 of
March, 2006. Asked by the prosecutor whether he wanted to tell the
investigative
panel at the National Intelligence Agency (NIA) anything, Dem replied that
there was nothing he wanted to tell them, stressing that he only told the
panel
that there is nothing he knew about a coup d’etat.
Questioned about what he told Lamin Cham, Dem answered that he told him
there is nothing he knew about an alleged coup plot. At the panel, Dem
said, he
told Hydara that he was attending a workshop at the Jenoi Farmers Training
Centre in Jarra. He agreed with the prosecution that he knows Alieu Jobe,
the
sixth accused person, but denied knowing one Fatou Jobe. He added that he
knew
Alieu since childhood, and that they were together at The Gambia College.
Dem narrated that he did not bring any witness at the panel to attest that
he was in Jarra. He also said that he does not have any written fact to
corroborate the fact that he was in Jarra. Asked if he knew Alagie Gaye and
Ousman
Badjie, he said that he knew Gaye but did not know Badjie.
He denied visiting Sokone village. Asked by the prosecutor as to when he
did
meet Cham, he said that it was on March 30, 2006, but he could not recall
the time. He testified that Cham never beat, or insulted him. He denied
writing
his statement. Dem was asked how long he was at the Mile II Prison before
being taken to the NIA, he responded that it was three hours, adding that
he
did not know how long he was at the NIA. He said that Alieu Jobe never told
him
he made a statement.
Dem was again quizzed to tell how many soldiers were beating him, he said
they were three with another one who poured a bucket of water on him. He
agreed that his clothes were tendered in court and that it is a knife that
wounded
his shoulder and the rubber whips injured his legs, adding that blood was
oozing from the wounds.
Dem was asked if he and Cham are all natives of Niani Nyakoi, he said he is
from Nyakoi but not Cham. Asked if he is having any document to contradict
the signatures on the statements, Dem responded that all his documents are
taken away from him.
However, the prosecution will file its written address to the court on June
5 and the defence to reply to that by filing a written address on June 12.
The trial continues next week.
NIA DIAMOND CASE TO RESUME
By Fabakary B. Ceesay
The protracted legal battle involving the state and six ex-officers of the
National Intelligence Agency (NIA) is scheduled to resume, after a long
adjournment of almost seven (7) months without proceeding. This was due to
the fact
that the then presiding Magistrate, Kebba Sanyang, had been appointed to
the
portfolio of Secretary of State for Justice. The case has now been
transferred to Principal Magistrate Moses Richard of Kanifing Magistrates
Court.
On Tuesday 29 May, the state counsel, A.S Umaru, appeared before Magistrate
Richards. The state counsel applied for an adjournment to enable the
defence
counsels and the state witness (PW9) to be in court. Magistrate Richards
then
adjourned the case till 4 June 2007 for the prosecution to call their
witness. He said that he wanted a speedy trial in this case that has taken a
long
time.
Magistrate Richards, however, is not new to this case as he was the
previous
presiding magistrate before it was assigned to Sanyang due to his (Richard’
s) transfer to Bundung Magistrates Court.
Readers would recall that, Lamin Drammeh, Basiru Jabang, Lamin Sanneh,
Kajali Jawara, Fabakary Barrow and Salimina Drammeh, were dragged to court
by the
state on three counts. The counts include theft, abuse of office and
criminal
trespass. They were accused of robbing two German nationals of their
properties, which include, two mobile phones, eight (8) pieces of Diamond
and cash am
ounting to 206, 000 US dollars, some time in 2003.
WORLD NO TOBACCO DAY CELEBRATED
By Sarjo Camara-Singhateh
“200,000 workers die each year from secondary smoke exposure at the work
place.” This was revealed by the WHO country Representative when The Gambia
joined the International Community in celebrating World No-Tobacco Day on
30 May
2007. The commemoration took place in Latrikunda Upper Basic School the
school, which was selected by the WHO country office as a tobacco free
school.
The WHO Representative read a statement on behalf of the WHO Regional
Director for Africa, Dr. Sambo, which noted that 650 million people will
eventually
be killed by tobacco. He said if current smoking patterns continue, tobacco
will kill some 10 million people each year by 2020, with 70% of these
deaths
occurring in the developing countries. He said half of all children
worldwide
are exposed to tobacco smoke, particularly in the home.
“According to estimates, at least 200, 000 workers die each year from
secondary smoke exposure at the workplace,” he noted. He said a clear
scientific
consensus grounded on many studies has now been reached: Exposure to
tobacco
smoke cause serious and deadly illnesses among adults and children. He said
Tobacco smoke contains more than 4, 000 known chemicals, of which more than
50
are carcinogens. Second-hand smoke also cause seven forms of heart diseases
and many respiratory and cardiovascular illnesses, most of them deadly. He
noted that exposure to second-hand smoke also carries economic costs for
individuals, companies and the society at large. He pointed out that the
WHO is
pleased to note that there are indications that The Gambia will accede to
the WHO
Framework Convention on Tobacco Control soon.
In his statement the Secretary of State for Health and Social Welfare Dr.
Tamsir Mbowe, said the theme for this year’s celebration is fitting, that
is, “
smoke free inside” and create and enjoy a 100% smoke free environment. He
said in May 2003, member states of UN adopted the Frame Work Convention on
Tobacco Control and the Gambia Government is a signatory to this
convention.
On his part, Mr. Lamin F. M Jaiteh, speaking on behalf of the Director,
Region 1, said as a school, they are privileged to inform, educate and
mould
children to be responsible citizens tomorrow. He said they are ready to
exploit
the sciences behind tobacco use to protect their children from its hazards.
“I am laying emphasis on the school and the home but not losing sight of
the
fact that tobacco control is every body’s business. We all have a
responsibility. I can assure you that we are fully ready to work with
health and any
other partner to create and enjoy this year’s slogan “smoke-free inside”
in
all our schools and beyond,” he concluded.
Baboucarr Dibbasy, a student of Latrikunda Upper Basic School, called on
the
government to ratify the Framework Convention on Tobacco Control. He said
Education and Health need to declare their premises smoke free. He further
stated that they have heard from experts that tobacco, whether smoked,
chewed or
snuffed is a great danger to the health. “It is also a great concern that
we
the young people are the main targets of the tobacco companies. They make
tobacco look “glamorous, tasty, cool and satisfying in their media
campaigns
only to encourage us to smoke. It is high time we say a big “No” to these
false
allegations.”
Adam Jimba Jobe spoke on behalf of the Secretary of State for Basic and
Secondary Education. The ceremony was chaired by Dr. Mariatou Jallow, the
Director of Health Services. It is wrapped up with the unveiling of the WHO
placard
donated to the Latrikunda Upper Basic School.
The Department of State for Education declared their premises smoke free.
SDF PROMOTES MICRO FINANCE DEVELOPMENT
By Isatou Bittaye
The Social Development Fund, on Tuesday 29 May, launched the
Entrepreneurship Promotion and Micro-Finance Development Project at the
Kairaba Beach Hotel.
The project came prior to a grant of UA 8 million to the Government of The
Gambia to help in reducing socio-economic imbalances in the country by
increasing social and economic opportunities for the poor and vulnerable
groups by
diversifying income generation sources, and improving access to financial
services.
The project will run for five years and has a country-wide reach. In
launching the project the Permanent Secretary, Department of State for
Finance and
Economic Affairs, Mr. Baboucarr Jallow, said the Government in its efforts
at
addressing poverty and related social problems launched and prioritised a
Strategy for Poverty Alleviation (SPA) in 1994 as a policy instrument to
foster
equitable growth by improving the socio-economic condition of the poor. Mr.
Jallow said the strategy involves a decentralized and participatory
approach
with the view to empowering the poor, particularly women, the youth and the
vulnerable, to initiate, undertake and sustain poverty reduction
interventions
through three funding schemes which are social services, micro-finance and
capacity building. Mr. Jallow indicated that it was in pursuit of these
objectives, that the Social Development Fund (SDF) was established in 1998
with
preparatory funding from the UNDP and seed money from the ADB. He noted
that SDF
used a participatory community demand-driven approach as its main
intervention strategy. Mr. Jallow further said that SDF had been largely
successful in
achieving the objectives of the poverty reduction project as verified by
the
project completion, and evidenced by the general awareness of its
operations
country-wide, the Beneficiary Assessment Study, and the Impact Assessment
cum-baseline study carried out by Government and SDF. He said that the
Government
in recognition of its performance under the poverty reduction project
identified the expansion and strengthening of the SDF as a central point of
the
poverty reduction strategy paper. He said that government has decided to
shift
emphasis from the provision of social services as an end, to considering it
as
a means of enhancing the productive capabilities of communities in our
fight
against poverty. He indicated that this is to say that social services
delivery will now be considered as one of the means through which poverty
can be
reduced. Mr. Jallow said that by this project it is hoped that poverty
reduction at micro level will be mainstreamed into the general national
efforts at
economic development, the achievement of the MDGs and the goals of Vision
2020.
Permanent Secretary Jallow stated that the key element of poverty in all its
forms is lack of income, noting that a fundamental change in focus will be
towards wealth creation by incorporating business principles, emphasizing
accountability and measurable results in social service delivery. ADB in
particular, a successful implementation of this project will take them a
long way.
He thanked ADB for their support and official launching of the project. In
giving a brief account of the project background, Sunita Pitamber, said the
objectives of the project is to contribute to poverty reduction, support,
diversification of rural income generation sources, provide increased access
to
financial services, and build the capacity of NBFIs.
Mr. Alasana Gitteh, Fund Manager, SDF presented on the project
implementation and the launching ceremony was closed by the Chairman of
SDF, George
Thomas.
FGM IS NOT ISLAMIC
Says Madam Edele Thebaud
By Isatou Bittaye
Madam Edele Thebaud, the UNICEF representative to The Gambia, has said that
Female Genital Cutting or Mutilation is not necessarily Islamic, despite
the
efforts of those supporting the practice who do their best to present it as
Islamic, and they now know that FGM is not necessarily Islamic. Madma Edele
made this statement while opening a two day sub-regional consultative
meeting
on FGM at Jerma Beach Hotel, organised by The Gambia Family Planning
Association (GFPA).
She said FGM predates Islam and that there are Muslims who do not practice
it while there are non-Muslims who practice it. Madam Edele said Female
Genital Cutting is a global concern, not only is it practiced among
communities in
Africa and the Middle East, but also among migrant communities throughout
the
World. She indicated that UNICEF viewed the practice as a form of violence
against the child, noting that it is both physically and emotionally
painful
and may lead to infection including the possibility of contracting HIV/AIDS.
She noted that FGM traumatises the girl child and leads to scarification of
the tissue, which has long-term medical consequences for the victim, later
in
life. Madam Edele indicated that studies have clearly demonstrated a link
between FGM and delayed child birth leading to complications in child birth
which sometimes leads to the death of the mother, the child or both of them.
She added that every year, globally, some three million girls and women are
subjected to FGM, a dangerous and potentially life threatening procedure
that
causes pain and suffering. She said that the practice violates girls’ and
women’s basic human rights, denying them their physical integrity and their
right to freedom from violence and discrimination.
Madam Thebaud further said UNICEF advocates for the protection of the
Rights
of Children and Women including their Right to be protected from violence,
abuse and exploitation as well as from traditional practices such as FGM
and
early marriage which is determined to be harmful and not in the best
interest
of the child. She noted that UNICEF is committed to the eradication of the
practice within the shortest possible time frame and it believes that FGM
is
tradition and culturally sensitive, as such the approach to its eradication
has
to be holistic, culturally sensitive, non-judgmental, non-directive,
non-condemnatory and, multi-pronged. She concluded that if they are to
achieve their
stated goal of FGC abandonment in one generation, then they have to adopt
holistic, multi-pronged and multi-dimensional strategies; build stronger
partnership and use research findings, as well as, monitoring and
evaluating more
strategically.
Speaking earlier on, GFPA President, Mr. Abass A.S Cham, said that the
meeting will accord opportunities for them to explore gender rights on
sexual and
reproductive health, such as, Female Genital Mutilation.
Mr. Cham indicated that the objective of the meeting is to share
information
on new and promising research program development in tackling FGM. He added
that it also aimed to review and develop strategies for policy and
programming within the federation and develop an agenda for strengthening
efforts at
the Monitoring and Evaluation at regional levels to address FGM. Mr. Cham
urged
the participants to address FGM within the sub-region and expressed hope
that the meeting would lay strategies in addressing the practice.
In presenting the Global overview on FGM, Ms Naana Otoo-Oyertey from the
IPPF Central Office, indicated that in Africa a large number of countries
have
introduced specific legislation to address FGM. She noted that Benin,
Burkina
Faso, Central African Republic, Cote d’lvoire, Djibouti, Egypt, Kenya,
Eritrea, Ethiopia, Ghana, Niger, Guinea Conakry, Senegal, Tanzania and Togo
have
introduced specific legislations to address FGM and also many European
countries, U.S, Canada and Australia as well. Ms. Naana said that in the
prevention
of FGM, there should be a national legislation, raising awareness and
promoting dialogue, integration into on going programmes, coordination
actions,
empowerment, and rights based focus, such as child protection, voice of
young
people and creating an enabling environment that promote dialogue and
analysis.
She added that there is need to make sexual rights and sexuality more
visible
in the campaign to end FGM.
TRIBUTE TO THE LATE MASS CHAM PROMINENT BIRD-WATCHER IN THE GAMBIA
Mass Cham please rest in perfect peace, your body and soul may be gone but
your memoirs still linger in our minds. You are a legend in the Gambian
Tourism Industry when it comes to Bird watching. You have recorded your
name on the
positive white pages of Gambian Tourism and you will never be forgotten.
Mass Cham was born on the 22nd November 1955, passed away on the 13th June
2006, was brought up and schooled in Banjul.
He attended Malfa Primary School in Banjul and later to St.Augustine’s High
School.
He started work with the Gambia Ports Authority in Banjul but never liked
the job because of his vision for Birds and Tourism. He was encouraged by
his
mother, who was a prominent figure in the Banjul Tourist market, and a
specialist in tie and dye. She has trained many Gambians in tie and dye and
many
remain to enjoy the fruits of her labour. Thanks Mum. Mass Cham has done a
great
deal of work with Clive Barlow in identifying so many species of Birds in
the Gambia. He has traced so many birds that migrated to the Gambia for
breeding and basking. He has trained so many Gambian youths in Bird
watching, who
are now caring for their loved ones.
He has given lectures here in the Gambia and abroad. He was a member of the
Royal Society of Bird Watchers in England. Before his demise, he had
travelled annually to the United Kingdom on Bird fairs to give lectures and
interact
with the members of the Bird watching clubs worldwide. What a reputation.
How
can anyone miss out those valuable contributions to the Gambian Economy?
Mass Cham has campaigned for the recognition of the Banjul wetlands and now
something is being done on that land mark reservation in Banjul. Mass Cham
has worked closely with the National Environment Agency (NEA) and the
Department of State for Parks and Wildlife in Abuko. Mass Cham has been
operating from
a centre, in the Heart of Senegambia Hotel, thanks to Mr. Dirk Darthe, Alh.
Alieu Secka and the entire management at the time. No one could have missed
him on your way to the
rooms at the time he operated at the Senegambia hotel. He had escorted so
many guests on bird watching trips, who kept coming back to the Gambia
again
and again.
How much money has been ploughed into the Gambian
Economy because of Mass Cham? How many Guests have Mass Cham encouraged to
be visiting the Gambia and are still coming to the Gambia?
Mass Cham has also cared for the Birds, treated their injuries well and
finally released them into the wild. As his sister recalled, once Mass came
home
with an owl that had an injury on the wing. He called his mother to show
her
this bird, but the mother was scared of the owl because of the eyes. After
treatment, he released the owl into the wild. This shows the amount of love
and
care he had for birds.
Mass Cham has not amassed wealth in cash or kind because of his belief in
sharing every little thing he had. He had so much love for children and had
entertained them so well that the children wept so dearly for the lost of a
great man in his capacity.
Mass Cham, you will never be forgotten by us in the Tourism industry in the
Gambia and those beyond our borders, May your soul rest in Peace.
Amen
By Ousman G.A. Kebbeh, Producer and presenter, West Coast Radio
JOURNALIST LAMIN FATTY’S TRIAL
Detailed Report On Counsel’s Address
By Fabakary B. Ceesay
Lamin S. Camara, the defence counsel in the long drawn out trial of Lamin
Fatty, a journalist with The Independent Newspaper while addressing the
court
on Tuesday 29 May, faulted the prosecution for not proving their case
beyond
reasonable doubt to convict the accused person, noting that they had failed
woefully and miserably. In his address, Camara said the prosecution has
called
three (3) witnesses to support their case.
Specificity of charge
He submitted that, while PW1, Samba Bah is the person to whom the false
publication has been attributed, this was not stated in the charge sheet;
that
infact no name is stated in the charge sheet.
Fatty Not The Author
He stated that Samba Bah in his testimony in July 2006, made it clear that
he was angered by the publication not Lamin Fatty. Camara indicated that
Samba
Bah said he spoke to one Makalo who told him that the editor was out but
that they would write a rejoinder, on Monday 27 March. Camara submitted
that the
testimony of Samba Bah was inconsistent, noting that he (Samba Bah) had
never spoke to the accused person while he also said that he knew that the
accused person who wrote the story was Lamin M. Fatty.
He further submitted that Samba Bah did not say that the accused person
(Lamin Fatty) published the story; that in fact he (Samba Bah) indicated
that he
was told that the editor or manager was responsible. Camara noted that
Samba
Bah also said he never lodged a complaint to the police but was called by
them to make a statement. At this point Mr. Camara drew the attention of
the
court to the two editions of The Independent tendered by the prosecution.
They
are Exhibits A and A1. Exhibit A is The Independent-dated 24-26 March 2006,
with the caption “23 Coup Plotters Arrested.” Exhibit A-1 is The
Independent
-dated 27-30 March 2006, with the story “I am not arrested,” said Camara.
Where Fatty’s Statements Properly Taken?
Mr. Camara submitted that in his testimony on 2 August 2006 PW2, Lamin
Cham,
police officer attached to the Serious Crime Unit in Banjul, stated that he
took the cautionary statement of the accused person on the 28 April 2006. He
reminded the court that Lamin Cham told the court that an independent
witness
was present but during cross examination, he said that there was no
independent witness present. Camara also drew the attention of the court to
the
evidence of Lamin Cham that the statement was read out to the accused on
the 11 May
2006, in the presence of the independent witness, Bakary Ceesay. Camara
said
sarcastically that even though, Bakary was an illiterate, he wrote his name
in capital letters and clearly signed it.
Mr. Camara drew the attention of the court to the testimony of Malamin
Ceesay investigating officer on the 12 April 2007, during cross
examination, that
the role of a reporter is to produce the story. He asserted that sometimes
the witness was elusive and sometimes truthful during cross-examination. He
reminded the court that Malamin Ceesay testified that he could not tell how
many
times he met the accused person even though the accused person was detained
under instructions. He reminded the court that even though the witness also
told the court that he could not remember how long the accused person was
detained, that he cannot remember when the statement was obtained and where
it
was taken.
Camara noted that Malamin Ceesay could not tell the court who took the
accused to the NIA custody even though the accused was at first under his
custody.
He also pointed out that the witness indicated that it was Samba Bah who
told him that it is the accused person who published the story in Exhibit A
dated 24-26 March 2006. He then submitted: “Samba Bah’s own statement does
not
have any thing like that. I submit that the name Lamin Fatty was not in
that
statement.”
Fatty Not The Publisher
Counsel L.S Camara asserted that Samba Bah told the court that it was his
brother Yorro Bah, who called to inform him that his name was published
among
those that were arrested in connection to the March 21 Coup attempt in The
Independent Newspaper. Camara noted that Samba Bah never said it was Lamin
Fatty
who published the story. Camara indicated that PW3 (ASP Ceesay’s) statement
contradicted that of PW2 (Lamin Cham) that the accused person’s cautionary
statement was obtained in the presence of an independent witness. Camara
emphasised that ASP Ceesay admitted that The Independent dated 24 to 26
March 2006
was published by the Independent Media Company Limited and that it was
printed by Eagle Printing Services. “PW3 admitted that it was not
published by
the accused person,” said Camara. Camara submitted that the alleged false
publication was contained in The Independent which is the publisher of the
newspaper. He reminded the court that ASP Ceesay acknowledged that there was
no name
to the rejoinder (“I Am Not Arrested”) in the newspaper.
Going further, L. S Camara noted that the defence opened their case on the
21 May, 2007 and that the accused person explained the role of the editor
and
the functions of the editor in the newspaper industry. He said that the
accused person stated that he never published The Independent Newspaper
dated 24
to 26 March 2006, but he was only a mere reporter for the newspaper. “He
made
it clear that he reported the government’s press release in connection with
the foiled coup and that he never mentioned the names of the arrested
persons.
He said that he was detained for 63 days before he was finally charged and
bailed. The evidence of the accused person remained uncontroverted as to
who
published The Independent Newspaper. The accused person said that the
newspaper was published by The Independent Media Company which published
the story.
That corroborated to that of ASP Ceesay’s statement.” At this point, Mr.
Camara asked the rhetorical question: Has the prosecution proved their case
beyond reasonable doubt? He answered emphatically in the negative. Camara
stressed
that it is not only the publication that can be sued but also the
publisher.
He said the law is very clear, noting that the main layer had not been
proven by the prosecution. He then submitted, “There is no publisher before
the
court.” He submitted that “person” in charge is a legal entity which could
be
an individual or a company or other corporate body that can sue or be sued.
He cited the case of Baba Jobe, Baba Kanteh and the Youth Development
Enterprises Limited and said that is a “classical example.”
Camara noted that the prosecution did not show that Lamin Fatty is the
editor or the manager of the Company.
He now proceeded to use the dictionary to give the definitions of some
words
in order to back his position that Lamin Fatty is not the publisher of the
alleged false publication. He opened a dictionary and read the definition
of a
reporter thus: “A reporter is a person who reports news for a newspaper
company or a broadcasting company.” He said that a reporter sometimes gives
an
account of something or conveys information about an incident. He added
that a
publisher is a company that publishes newspapers or books. He said that an
editor is a person in charge of a newspaper, a magazine or a book. He said
that
a newspaper is a printed publication issued daily or weekly containing
news,
articles and advertisements. He submitted it is amply and abundantly clear
that the accused person is neither an editor nor a publisher. In his
evidence
in chief under cross examination he said that he was a reporter and merely
reports an incident. Therefore, the charge against the accused person
should
not be sustained by the court in any way, sort or form,” Camara said. He
noted
that the publication was carried in The Independent.
No mens rea
At this point, Mr. Camara read out the law under which Lamin Fatty is
charged: “Any person who wilfully, negligently or recklessly, or having no
reason
to believe that it is true, publishes or broadcasts any information or news
which is false in any material particular is guilty of an offence…” He
then
submitted:
“The prosecution must prove that the publication was done either willfully,
or negligently or recklessly or having no reason to believe that is the
truth. These words are not in conjunction with each other but in the
alternative,”
said Camara. Camara argued that during cross-examination, ASP Ceesay
indicated that a Samba Bah was arrested in connection to the March 21 2006
alleged
foiled coup, but that it was not the Samba Bah, the former SoS. He pointed
out
given that it is the same name (Samba Bah), there is reason to believe that
it is Samba Bah, former SoS.
Fatty Not A Party
He dismissed the submission of the prosecution that Lamin Fatty was a party
to the purported crime. He maintained that the prosecution could not rely
on
section 23 of the Criminal Code because he has not committed a crime. He
stated: “I urge this court to acquit and discharge Lamin Fatty. The accused
person did not publish The Independent Newspaper. It is the editor who
issued the
rejoinder and not Lamin Fatty.”
Charge Must be Clear
Mr. Camara now noted that “23 Coup Plotters” was reported by “Lamin M.
Fatty
” while what the court has here is “Lamin Fatty.” He argued that the charge
has to be clear and must describe the full nature of the accused person, to
know the offence and to put him in a better position to prepare his
defence.
The charge is uncertain and I humbly and respectfully urge this honorable
court to discharge the accused person,” Camara concluded.
Mr. Lamin Fatty has been on trial against the IGP since 12 June 2006
charged
with false publication. The newspaper he worked for was shut down and he
was
detained for 63 days before being released and appearing in court.
ONE HUNDRED PEACE KEEPRES LEAVE FOR DARFUR, SUDAN
By Yaya Dampha
On Friday 1 June 2007, one hundred police officers from The Gambia Police
Force are to join other African Peace Keepers in the troubled region of
Darfur
in the Republic of Sudan.
According to the Police Public Relations Officers, Superintendent Famara
Jobarteh, the Gambia Police contingent is to be led by Chief Superintendent
Landing Kinteh as the commander. He said this is the first time that The
Gambia
is sending a hundred Police Officers as Part of the AU (African Union)
Force
in Darfur. Jobarteh told the reporter that earlier on in February, 67
police
officers completed their mission in Darfur and another 27 officers returned
in
May.
He said the contingent is expected to be in Darfur for a period of one
year.
He said he has confidence in the team and their able commander, Kinteh,
whom
he described as an exemplary commander. The team is expected back next May.
FOCUS ON POLITICS
JULY 1981 POLITICAL CRISIS
WAS IT FEDERATION OR CONFEDERATION AGREEMENT BEFORE INTERVENTION?
With Suwaibou Touray
We have been focusing on politics in general and Gambian politics in
particular. This is why we have started to analyze the political evolution
of The
Gambia from pre-colonial to post-independence era. In the last issue we have
analyzed the coming of Sir Dawda and the exiting of Kukoi Samba Sanyang
after a
serious blood bath. We have stopped where we quoted Mr. Sam Jones, editor of
the Outlook Newspaper as saying, “Sir Dawda by now knows that his enemies
know nothing about him as much as his friends do.” Let us continue from
where we
have stopped.
By this period, the population of The Gambia according to statistics stood
at 700, 000 people. Jawara who had refused vehemently since 1964 not to
have
any such collaboration with the Republic of Senegal because of the fear
that
the little Gambia may be swallowed up by its neighbour, now invites
President
Abdou Diouf for what the rumour said was to establish a federation of the
two
states.
Many began to speculate that the Senegalese did not come for nothing; that
they did not come because they cherished the good neighbourliness of the
Gambia or that it was the sheer love that President Abdou Diouf had for The
Gambian President etc. speculations became rife especially within the cycles
of the
Opposition that Jawara had infact sold the tiny Republic to Senegal just
for the sheer love of leadership.
What must be understood is that by this time, the Gambia was still not seen
to be stable. Rumours of Kukoi’s return were rife and guns abandoned by
Kukoi’
s combatants were being discovered by people around the month of October,
two to three months after the crisis.
For example, by 28 October, the day the schools reopened from summer
holidays, the children of Crab Island School discovered a gun believed to
be a rebel’
s gun at a classroom corner. The police were called to investigate and
according to Outlook, the gun was said to be on guard position. The police
investigator released the trigger, bang! It went off, a live bullet.
KUKOI RENEWED HIS THREAT TO RETURN
As you can imagine, this had created renewed alarm. But this was not all
Kukoi was also interviewed by a foreign media where he refused to divulge
how he
escaped from The Gambia. He however asserted that that would remain a
secret
because as he said it would be by the same way he would one day return to
The Gambia to finally achieve his goal, ie, the overthrow of Jawara’s
Government.
President Jawara was however busy consolidating his grip. He was not taking
any chances. This was why even though the NCP leader, Honourable Sheriff M.
Dibba and two of his colleagues had resorted to the supreme court for
redress
by summoning the IGP to release them from detention; Even though the court
which did not allow any audience and held in camera eventually granted
their
request, they were re-arrested immediately after their release and taken to
the Bakau Depot for their continued detention.
It was about this period when for security reasons, something must be done
about Mustapha Danso. Some said they have heard information that the
President
had pushed the court order to hang Danso to be the responsibility of the
Attorney General M L. Saho, to make the decision to execute Danso at the
gallows. But M.L. Saho, the Attorney General vehemently denied the rumour
saying he
too is a human being. But shortly after this, a Gazzette was published to
that effect. That was the time radio Gambia announced the death of Danso
thus
confirming radio Senegal’s broadcast of his hanging.
Tension continued to rise. The Attorney General had to take another
resolution in the house on November 10th 1981, to tighten what records
called “the
bolts” in the prevailing laws of The Gambia regarding the special Courts
Act.
The resolution tended to widen the powers of the courts by empowering them
to
try all cases of whatever nature brought before them without any
reservations.
According to reports, many people were scared stiff of the return of
Kukoi,
to The Gambia; that they felt that rigorous investigations should be made
to
unravel the many hidden things and bring them to light. According to
reports, there are many innocent people who were in detention but equally
many
guilty people who were at large pretending to have been loyalists to the
president. At this stage, many were still frightened to even step out of
their
compounds. People had to continuously be informed of the curfew, that
anyone found
flouting it would be severely dealt with. According to Outlook, when people
are caught they were given what is called a “good hiding.”
As you can see, the fear of Kukoi coming back and the determination to root
out all signs so that nothing of the sort happens again must have driven
Jawara to agree lastly to the idea of a confederation at about mid
November. It
was also said that Jawara initial acceptance for a federation was discour
aged
at cabinet level. President Diouf and his wife touched down at the Yundum
International Airport and received a tumultuous welcome from thousands of
both
Jawara and his Diouf’s supporters. This was not surprising since it was
this
man who restored Jawara to power. The two Presidents immediately headed to
a
rally at the then Marcarthy Square and gave speeches alluding to the
setting
up of a confederation whose details were not mentioned. It was these
speeches
according to critics which clearly showed the ulterior motive behind the
Senegalese Intervention. The two presidents then boarded the M.V Lady
Chilel and
toured the provinces. And on the 14th of November, they simultaneously
declared the two Republics as the confederated states of the Senegambia at
a close
border provincial town of Farafenni:.
According to Outlook, the belief was that the confederation was to solve
once and for all the problems of the Gambia being unable to take care of
its own
security.
Secondly, it was felt that Senegal pushed The Gambia into a confederation
knowing fully well how desperate the Government was at that material time
or
that Jawara was so desperate for Diouf’s help that he accepted the
arrangement
without reservation.
So the question was should The Gambia venture into a confederation without
a
referendum to seek for the consent of the people on the issue?
According to reports outside The Gambia the Senegalese Daily, Le Soleil,
asked President Jawara whether in his opinion there was no need for a
referendum
by the two countries because of the sovereignty of each country which was
interfered with, Sir Dawda in response maintained that there was no need
for a
referendum on the issue. He however was quick to say that he was going to
Dakar for further discussion and the signing of what he called “important
documents” with President Abdou Diouf. Reports further indicated that
Jawara
compensated Senegal seven million dalasi for their intervention in The
Gambia. It
is speculated that Senegal lost over 200 troops in the crisis which needs
compensation to their families.
By November 23, Jawara told journalists in a Press Conference that The
Gambia is a Sovereign State, that the only difference is that certain
alterations
were made for the better security of The Gambian state; that a formal
unification of certain functions of the two countries, shall be spelt by
the
declaration of the new confederated state, but that it was expected that
new
institutions combining the main functions of the two countries into a
single unit
are being worked out.
He finally said the Permanent President of the confederation was Abdou
Diouf
and the Permanent Vice President was Alhagie Sir Dawda Kairaba Jawara.
See next issue for more on the aftermath of July 30th.
Issue No. 64/2007, 4 – 5 June 2007
Editorial
Will Gambia’s Democracy Make Itself Heard?
The struggle against colonialism and for the establishment of independent
African states is, in the main, complete. Fifty three states have
constituted
themselves into independent states that form the African Union.
Africa now faces an uphill but surmountable task, the strife for liberty,
prosperity and dignity. Impoverishment, misery, diseases and a host of
concomitant problems with economic implications are impeding the economic
development
of African States.
Furthermore the strife for democracy is gaining momentum. At least, almost
every African leader takes pride in calling himself a proponent of
democracy
and shuns dictatorship. Free and periodic elections, imperfect as they may
be,
irrespective of their lack of credibility in many instances, have made
coups
d’etat a thing of the past. They have not, however, made self perpetuating
rule a thing of the past. They have not eradicated impunity in some of the
African states where constitutions and the rule of law have been treated
with
disregard.
What has happened in Niger is a shining example that other African states
should learn from. African states have established constitutions that
provide
for three arms of government – the executive, the judiciary and the
legislature. These three institutions are to serve as checks and balances
to avert
abuse of power and ensure that democracy works. In practice, in many
African
states, the executive assumes too much power while a timid judiciary and
rubber
stamp legislature watch on.
In Niger, when parliamentarians accused the government of complicity in a
corruption scandal involving the embezzlement of education funds which led
to
the detention of two former education ministers last year, they invited the
prime minister to attend a parliamentary investigation into the affair.
When
the prime minister refused to attend the parliamentary investigation, the
parliamentarians cast a vote of no confidence on the prime minister. And
what did
Prime Minister Hama Amadou have to say? “Niger’s democracy has made itself
heard.” The example of Niger is a clear testimony that the institutions can
work if those who run them are committed to their functioning.
In other words, Section 112 paragraph (b) of the constitution states:
“...... and shall discharge their duties and functions in the interest of
the nation as a whole and in doing so shall be influenced by the dictates
of
conscience and the national interest.”
Furthermore, section 120 subsection (3) of the constitution states: “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 in this Chapter, shall not be
subject to the control or direction of any other person or authority.
To conclude, will Gambia’s democracy make itself heard?
NATIONAL ASSEMBLY MEMBERS SIT TODAY
By Bubabcarr K. Sowe
National Assembly members will today, Monday, commence sittings in their
second meeting of the 2007 legislative session.
According to the revised agenda of today’s sitting, several papers, reports
and bills will be tabled for debate.
Among them are reports on the 36th Commonwealth Parliamentary Association
(CPA) Executive Committee Meeting, from April 16 to 21, in Cyprus and the
116th
Inter-Parliamentary Union (IPU) General Assembly in Bali, Indonesia held on
April 29 to May 4.
There will also be a report of the National Assembly Environment Select
Committee’s delegation to the Marine Biodiversity Conference for West
Africa in
Praia, Cape Verde from April 17 to 20 and a follow up meeting in Dakar,
Senegal held from May 7 to 9.
A motion on the ratification of the Bilateral Agreement or Memorandum of
Understanding between the Gambia and the Bolivarian Republic of Venezuela
is
also expected to be tabled before the NAMs.
Parliamentarians are expected to ratify the Islamic Development Bank loan
for participation in financing the provision of 100 water points for the
Gambia.
Another loan from the International fund for Agricultural Development for
the rural finance project is also expected to be ratified.
Other reports to be presented to deputies include a report on the
Pan-African Parliament, a report on the ECOWAS Parliament and a report on
the joint
regional consultation on strategies for accelerating the ratification of
the AU
Protocol on the Rights of Women across Africa, held in Tunisia from April 2
to 4. A report of the Independent Electoral Commission (IEC) is also among
the
reports expected to be debated at the National Assembly.
Other motions before the National Assembly are the ratification of the
Convention of the African Telecommunication Union (ATU) and the
ratification of
the WHO Framework on Tobacco control.
However, it is not certain whether some of the bills on the revised agenda
may be passed. The bills are: Fisheries Bill 2007, Water Resources Bill
2007,
Labour Bill 2007, Competition Bill 2007, Telecommunication Bill 2007,
Honourable Members Pension and Gratuity (Amendment) Bill 2007.
FATOU JAW MANNEH’S TRIAL
Witness Ends Cross Examination
By Fabakary B. Ceesay
The NIA officer, (name withheld) testifying in the sedition trial of
Journalist Fatou Jaw Manneh, on Friday 1 June ended his cross examination
by the
defence, at the Kanifing Magistrates Court presided by Magistrate Buba
Jawo. The
witness told the court that he was not present when the accused person was
being interrogated by NIA officers. He added that the accused person never
requested for a lawyer from him when she was making her statements. He
stated
that the words “till I consult a lawyer” on the accused person’s statement
was
struck out by him upon her own request. The witness asserted that he did
not
ask the accused to put that in the statement but that it was he (the
witness) who authorised her to strike out those words by herself, because
he was the
one writing. The witness indicated that he knows that the accused person
has
a right to a lawyer but he did not know whether she had a lawyer at the
time
of taking the statements.
At this point, Lawyer Jobarteh put it to him: “I am putting it to you that
you were present when all the statements were (being) taken.” The witness
replied in the positive. He later admitted that there was no lawyer for her
at
that time. The witness added that there was no member of the accused person’
s
family present when her statements were taken, but that an independent
witness
was present. He added that the independent witness is not her family
member.
The witness said that the accused person was in detention. He said that he
had no knowledge of any riot or breach of the peace in connection to the
article since it was published. The witness indicated that the article was
not
published in a registered newspaper in The Gambia, like The Point, Foroyaa
and
others but that it was published in a paper owned by a Gambian. He added
that
the interview was done in USA and that the accused person was also in the
USA
at the time of the interview. He noted that he is not sure whether the
interviewer was also in the USA at that time. “Is there any indication as
to who
did the interview,” asked counsel Jobarteh. The witness said, “The name of
the journalist was not mentioned but that the paper that granted the
interview
is The Independent...” Counsel Jobarteh asked him to read out the portion
where it is indicated that the interview was granted by the Independent
Newspaper. He read as thus “Fatou’s fierce Zeal with the pen could still
be gleaned
from her dispatches to The Independent.” Jobarteh asked the witness whether
that statement meant that The Independent published the interview. At this
juncture, the state counsel, E.O Fagbenle objected that it is not the
newspaper
that is on trial and that the question is not relevant and urged the court
to
disallow it. He cited the Evidence Act to support his claims. Defence
counsel, Jobarteh said that the objection lacks merit. He said, “The
witness stated
or used the word ‘The Independent’ as the publisher of the article. The
witness read a sentence from the article which bears the word The
Independent,
noting that the witness is not worthy to be believed and he is showing that
he
is not the least credible as a witness. “I believe that question is proper
and that the objection is unmeritorious,” said Jobarteh. He relied on the
same
Evidence Act to back his assertion. Magistrate Jawo overruled the DPP’s
objection and allowed the question. The witness later stated that it may
not
necessarily mean that The Independent published the interview because he
read it
from the internet. He added that there is certainty that The Independent
newspaper published the interview. “Does the word ‘Independent’ in the
sentence
mean, a newspaper, a printing company, a publisher or any company of the
sort?
” asked Jobarteh. The witness responded: “It is a newspaper.” The witness
later said that there is no indication to show that the word “Independent,”
means a newspaper. The state counsel told the court that their second
witness
will testify in the next proceeding. The case was adjourned till 5 June.
133 WOULD-BE MIGRANTS RETURN HOME133 WOULD-BE MIGRANTS RETURN HOME
By Fabakary B. Ceesay
One hundred and thirty three (133) would-be migrants have decided to throw
in the towel and return home after their attempt to sail-in a make-shift
boat
to Spain, failed.
Five of the returnees who spoke to this reporter on condition of anonymity,
said they boarded a boat in The Gambia. They said that eight captains were
on
board the boat. The returnees noted that they were equipped with four
engines with about one hundred containers each containing twenty litres of
fuel,
sardines and loaves of bread. They added that they took along about ten bags
of
rice, ten bags of ‘garri’, several 20 litre containers of cooking oil
and ingredients. They added that they took along some containers of water.
They said that they sailed for five days and five nights before entering
Moroccan waters. According to them, they were pushed back by strong waves
which
nearly sunk their boat. They reported that some of the passengers in the
boat
were panic stricken; that some of the passengers were on the verge of
jumping into the water; that they were restrained and later tied with
ropes.
Continuing their narration, they said they unanimously agreed to skewer the
direction of the boat and look for safety. They explained that they headed
for
Nouakchott and anchored at the beachside where the police rounded them and
later
put them under custody. They noted that they were treated well by the
Mauritanian authorities, especially the police who supplied them with food
and water.
Explaining further, they said they spent two days with the Mauritanian
police before being transported in a bus to the border town of Rosso from
where
they found their way to The Gambia.
EPA WILL HARM GAMBIAN ECONOMY
By Lamin Damfa
The full implementation of the Economic Partnership Agreement ( EPA) by
2008, will mean that The Gambia will lose duty revenue estimated at
US$40.719
million per annum representing a significant loss of 91%, said Lamin Damfa,
a
Senior Staff at the Ministry of Trade.
Damfa made this statement at a recent workshop organised by NaYAFS at the
Baobab resort. He said with the coming into force of the Economic
Partnership
Agreement, imports from the European Union to The Gambia will increase by a
significant margin averaging 25%, while imports from ECOWAS and the rest
will
decrease substantially by 62% and 64% respectively.
He said EPA may result to costly trade diversion from the European Union.
According to him, the Economic Partnership Agreement would dampen efforts
to
promote intra-ECOWAS trade.
Damfa said, “The welfare losses in the primary sectors of Agriculture,
Forestry and Fishing as a result of import diversification would be
significant,
considering their contribution to the livelihood of the majority of the
poor
Gambian households.”
FGM CONSULTATIVE MEETING ENDS
By Isatou Bittaye
A two day sub-regional consultative meeting on Female Genital Mutilation
(FGM) ended on Thursday 31 May at the Jerma Beach Hotel. The meeting was
organised by the International Planned Parenthood Federation (IPPF) and
hosted by
The Gambia Family Planning Association (GFPA). The objectives of the
meeting
were to share information on new and promising approaches at the national
and
global levels on effective programming on FGM, to explore how to integrate
rights-based programming into work on FGM. It also aimed at developing
strategies for policy and strengthening programmes and services within the
Federation.
In presenting the strategy on FGM, IPPF representative, Ms. Naana
Otoo-Oyertey, indicated that the objective in addressing FGM is to ensure
the potential
use of international laws that governments have signed in the Africa Union
Health Ministries Commitments-Maputo Protocol. She added that there should
be
data collection at many IPPF member association clinics and youth action
movements. FGM, she said, should be seen as part of an integrated Sexual
and
Reproduction Health and Gender Based Violence approach.
She said there should be a range of programmes, approaches and a strategic
work with men as gate keepers. Nana indicated that the challenges in FGM
are
due to lack of specific national laws on FGM, difficult local taboo,
religious/traditional justification for FGM and lack of coordination. She
added that
the practice is endemic among many ethnic communities. She indicated that
the
need for more rigorous evidence to support advocacy and awareness raising
and
difficult political environment are also challenges in addressing FGM. Ms.
Nana indicated that the key area for strategic development includes research
and documentation, working with religious leaders and the media as well as
regulatory measures for member association clinics, integrated SRH/GBV
approach,
consortiums, working with a range of stakeholders, young people, men and
women and resource development.
In his closing remarks, GFPA Deputy Executive Director, Mr. Muctarr Jammeh,
said FGM is a critical area of concern in terms of GBV and sexual rights.
He
added that in addressing FGM there is need for partnership, networking and
collaboration. Mr. Jammeh indicated that in addressing the practice of FGM,
people have to be culturally sensitive because FGM is multi-faceted. He
noted
that no single organisation or institution can do it alone. He said the
international community also needs to do something to fulfill the task of
and
abandoning FGM in Africa, in particular, and the World, in general. Mr.
Jammeh
urged the participants to continue the struggle against Female Genital
Mutilation.
He concluded by thanking the organizers, IPPF, CSOs and all participants.
The meeting was attended by representatives from Liberia, Sierra Leone,
Guinea
Bissau and the host country (The Gambia).
Presntations were also made by Mr. Salifu Jassey; the UNICEF child
protection specialist, Mr. Njundu Drammeh; the Child Protection Alliance and
the
President and the Executive Director of GAMCOTRAP, Dr. Isatou Touray. The
programme ended with group discussions.
FOCUS ON POLITICS
JULY 1981 POLITICAL CRISIS
OPPOSITION LEADERS INCARCERATED, WITH ELECTIONS LOOMING
With Suwaibou Touray
We have been focusing on politics, in general, and Gambian politics, in
particular. This is why we have started to analyze the political evolution
of The
Gambia from pre-colonial to post independent era.
In the last issue we have shown how the Government of Sir Dawda Kairaba
Jawara was grappling with the security concerns of this republic up to the
stage
of going into a confederation with Senegal, the details of which were not
thoroughly worked out.
We have stopped where we said the permanent President of the confederation
was Abdou Diouf and the permanent Vice President was Alhagie Sir Dawda
Kairaba
Jawara.
The first thing that many began to ask about the arrangement was whether
there was any equality between the two states when the position of
President of
the confederation is permanently reserved for the president of Senegal.
What
this meant was that no Gambian could become the President of the
Senegambian
Confederation. This did not go down well with many genuine intellectuals at
the time.
By 1982, the country was embroiled in two difficult situations. There were
over a thousand detainees, whose cases were pending after the 1981 crisis,
including the incarceration of the leaders of the opposition. The country
was
also faced with a general election at a time when there was a state of
Emergency and fear of insecurity.
So by November 1981, the special Emergency Court had started the sitting.
The first detainee to face justice was a woman by the name Rokie Touray.
She
appeared before Justice I.R. Aboagye on a two count charges i.e; going
armed in
public and (2) inciting mutiny. She pleaded guilty and was sentenced to two
years imprisonment on each count to run concurrently.
By 3 December 1982, people who were considered as Kukoi’s co-conspirators,
such as Taffa Camara, Mbemba Camara, Simon Talibo Sanneh, Momodou Baldeh,
Alieu Sallah, Momodou Sonko and Mass Corr appeared before the assistant
Chief
Justice, I. R. Aboagye. Mr. Alieu Sallah, a civilian, alone faced seven
counts
including treason and murder.
At the end of their trial, Aboagye’s court found Taffa Camara and Co guilty
of treason and sentenced them to death, which manner was to be prescribed
by
the Attorney General and Minister of Justice. Some detainees were released
by the courts for want of evidence, such as one Abdoulie Ceesay, whilst
others
were sentenced to 15 years, 10 years and so on.
On February 2 1982, Karamo Kujabi, Sainey Carama, Buba Touray, Fafanding
Camara and Ebou Sonko were all sentenced to death. They were, however,
permitted
to appeal at The Gambia Court of Appeal within 30 days. A famous musician,
one Ruben Allen was also sentenced to death but could also appeal. Alieu
Sallah and others had appealed their cases at the Court of Appeal. Simon
Talibo
Sanneh, Mbemba Camara and others also appealed their death convictions.
The trend of trial results was indeed unfavourable to the detainees. This
was why it was not uncommon to see detainees and their spouses collapsing
in
court to the extent of being refered for hospitalization. The scene could
only
be described as pathetic.
The leader and deputy leader of the main opposition party, the NCP,
Honourable Sheriff M. Dibba and Mr. Gibou Jagne, respectively, and others
were
however detained for over nine months without trial, after their
re-arrested by the
police. With Election just few weeks to go, no one could see any sign of
campaign fever. Jawara was only seen to be interested in being returned as
the
seating president and who was not much concerned as to whether it was
legitimately done in the eyes of the people or not.
For example, while a cross section of the people were expressing
disappointment that nothing has been done to even incriminate Dibba in
court so as to
have a clear verdict on his alleged involvement in the abortive coup, the
Government gave a deaf ear and continued to keep Dibba in what they called
custodial detention. Dibba was held in detention for more than nine months,
even
though a lot of criticisms were levelled against the government for not
expediting the trials, especially that of Dibba, so that he could
participate in
the elections. The authorities refused to budge.
With anxiety and frustration increasing within the opposition cycle, the
president called a Press Conference only to announce the date of the
election by
April 1982. When pressed further, he said conditions would be created to
accord contesting candidates the opportunity of moving around their various
constituencies.
He also took the opportunity to attack the press for what he called the “
one
sided reporting. On the issue of corruption, the President warned that any
Minister found wanting in the discharge of his duties would be brought to
justice and be dealt with according to law, without fear or favour.
Surprisingly
a new bill was swiftly introduced in parliament to amend the 1970
constitution. The bill sought the amendment of certain provisions in order
to provide
for direct elections to the office of the president on the terms of
universal
adult suffrage, instead of the president being elected on the basis of the
number of seats a party has in parliament.
The P.P.P members, who were almost the only members in the house with the
detention of Dibba and Gibou Jagne, approved it without any problems. They
argued that The Gambia was facing reconstruction and Senegambia challenges;
that
the President was ready to go ahead with the objectives that had already
been
set, and as they said, he wanted the full consent of the nation to do so.
This was, however, surprising to observers because many thought that the
best
and legitimate way to get the consent of the whole nation was to have a
referendum on the confederation where the sovereignty of the country was
interfered
with.’ Was the election going to be free and fair under a state of
Emergency?
’ became the concern of many opposition candidates. For example,
Regulations
12 and 19 of the Emergency Powers, 1981 reads thus ‘until such time as the
president may by order published in the Gazette, announce, no person shall
hold any public meeting or organize any procession or take part in any such
meeting or procession in any part of The Gambia.
(2) Any Person who
(a) Holds any meetings;
(b) Organizes any such procession or
(c) Takes part in any such meeting or procession is guilty of an offence.
The fine of which could be D1000 or five years imprisonment or both. (This
was
a lot of money at the time.)
(1) No person shall do any act or speak or write or publish anything
likely:-
(a) To be prejudicial to public safety or the maintenance of public order
or
disturb the public peace;
(b) To bring into hatred or contempt or incite disaffection against the
Government of The Gambia as by law established;
(c) To undermine the authority of the state or the public confidence in the
Government of The Gambia as by law established;
(d) To raise discontent or disaffection among members of the public; or
(e)To promote feeling of ill- will or hostility among the various sections
of the community of the races resident in The Gambia.
Any person guilty of this section is liable to a fine of D1000 or not less
than five years imprisonment or both’.
The question was, ‘Could the opposition say or do anything under such
draconian laws?’
See next issue, as we go into issues relating to the 1982 general elections.
GAMWORKS Holds AGM
By Pateh Baldeh
GAMWORKS, on Tuesday 29 May 2007, held their Annual General Meeting at the
Paradise Suites Hotel at which the Chairman of the Agency, the Right
Reverend
Dr. Solomon Tilewa Johnson presented a report which highlighted some of the
achievements of the Agency during the year under review.
In presenting his report, the Chairman of the Agency, Rt. Rev. Dr. Solomon
Tilewa Johnson, noted that the Agency was privileged to host the 16th
General
Assembly of AFRICATIP and the completion of the Poverty Alleviation and
Capacity Building Project (PACABP).
Rev. Johnson indicated that during the year 2006, the building and
construction sector recorded the highest growth (40%) as a result of
construction
activities in roads and other public works implemented by the central
government,
on the one hand, and the efforts of GAMWORKS and private housing
construction on the other. Mr. Johnson also talked about the communication
strategies
such as the GAW newsletter, calendars, T-Shirts and caps, the radio, TV and
the
print media which were effectively employed to sensitise development
partners and the general public.
The agency, he said, has maintained a high calibre of dedicated
professional
staff and local training and continuous professional development were
facilitated. He also said the two major projects for which the agency was
acting as
project implementation agent, namely the Poverty Alleviation and Capacity
Building Project (PACABP) and the Second Public Works Project (SPWP) have
closed. He therefore used the occasion to thank the Director General and
his staff
for a job well done.
For his part, the Director General of the Agency, Dr. Ebrima Cham, said the
year under review had been a very busy and challenging year for the Agency.
He said, they have been able to deliver to the satisfaction of their
clients
and beneficiaries despite the many challenges and constraints. Mr. Cham
also
said the most important sub-project implemented was the upgrading of the
Bakoteh Dumpsite. He went on to say that the place which was a very
unpleasant
eyesore has been turned into an environmentally friendly land filled site.
This,
he said, has made the residents of both Bakoteh and Manjai Kunda and the
general public to express great satisfaction on the outcome. He said the
challenge now for KMC is to put in place an effective management system in
order to
ensure that the dumpsite does not revert to its original condition. He
called
on the government to mobilise resources so that Tambana can be developed
into a land filled area, ready in time for the closure of the Bakoteh
Dumpsite
in a few years time. He also said the rehabilitation of the Basse
Mini-Stadium
is now completed. He told participants that due to lack of funds the
construction of the GAMWORKS office building was not possible. The Director
General
also revealed that the rehabilitation of Westfield to Sukuta Road was added
to the delegated management contract between GIPFZA and Gamworks.
The Director General of Gamworks called on government and local councils to
finance projects from government coffers and budgets of councils which will
reduce the over-dependence on the Agency or donor financed projects.
He also said the Pro-invest arm of the European Union has agreed to provide
up to 100,000 Euros to finance 67% of the cost of training programmes for
AFRICATIP in the second half of 2007.
Mr. Cham continued to say that the agency relies on their clients and
beneficiaries fulfilling their financial commitments to the Agency. He gave
an
example of The Gambissara community under the PACAB Project, who are yet to
fulfill their counterpart contributions to the water supply project
implemented
under supplemented credit. Further on in his report, the Agency’s boss said
that regarding the health centres projects implemented two years ago under
the
PHPNP the Agency still has an outstanding invoice of US$173.374 now
US$49,047
with the Department of State for Health and Social Welfare, despite the
Department of State agreeing to a payment plan and making many promises.
He said the agency is no longer accepting guarantees and bonds from
insurance companies; that contractors are now required to supply them with
advanced
payment and performance guarantees from commercial banks. Cham said he did
mention last year that they were having difficulty in recovering guarantees
given by insurance companies to some of their terminated contractors. As a
result
they instituted legal action against the company. Unfortunately, he said,
there has been much delay in the judicial process and over D4 million in
claims
still outstanding. He also revealed that meanwhile the terminated
contractors from the PHPNP Project had resorted to legal action against the
Agency in
which, one is proceeding in the high court, whilst two cases have been
transferred to the Alternative Dispute Resolution (ADR) mechanism.
He finally called on the government authorities to encourage and
collaborate
with the agency and the sectors on ongoing future banks projects in The
Gambia in order to help improve the performance of the Islamic Development
Bank
(ISDB), as very fruitful discussion was held with the country team when he
visited ISDB Headquarters in February 2007 with the DOSFEA.
Mr. Cham concluded by thanking all the staff of the agency for their hard
work and dedication. He commended the Board for their unflinching support
and
direction. He also thanked the Government, development partners and all
their
clients for their support and confidence in GAMWORKS. He assured all and
sundry that his Agency will continue to deliver quality projects on behalf
of The
Gambia Government and their clients, under his leadership. The meeting was
attended by members from TANGO, The Gambia Bar Association, the Gambia
Chamber
of Commence and Industry (GCCI) The Gambia Association of Local Government
Authorities (GALGA) and the National Youth Council (NYC).
EDUCATION REGIONAL DIRECTOR SPEAKS
By Abdoulie Dibba
Reports reaching Foroyaa from Teachers in Region Two (2) claim that there
is
real discrimination at the Regional Headquarters. According to the
teachers,
who complained to this reporter, they were selected by their various heads
of schools to serve the double shift which entitled them to 50% of their
salary as allowance for teaching in the afternoon shift. But they expressed
surprise that the official at the Regional Office informed them that they
are not
to serve as double shift teachers and were therefore not paid.
The teachers also alleged that the contracted teachers who are appointed
should not be at the Regional Headquarters but, instead, be in the schools
to
share their experience with teachers. They also alleged that while teachers
are
denied their double shift payment, staff at the Regional Headquarters are
receiving their double shift payments.
When this reporter visited the Region Two Offices, he sought the comment of
the Directress.
According to her, she is disappointed that the concerned teachers decided
to
approach the media instead of following the rules and procedure at their
disposal. She said that the first place to call for any dissatisfied
teacher(s)
should be their cluster monitor and that if the problem is not solved,
then,
they should come to the Regional Headquarters and finally to their union if
the regional office failed to solve the problem. The fact that they failed
to
follow this procedure, she said, meant that their complaints are not
genuine.
Regarding double shift, the directress said that not all the schools in
Region Two are supposed to operate a double shift system. She said there is
a
mechanism that determines the schools which are supposed to operate a
double
shift system and this is based on the total enrolment and the number of
teachers
and classrooms available in a particular school.
Regarding payment of double shift teachers, the directress asserted that no
single teacher in Region Two is owed. “We have no arrears for double shift
teachers. If they deny this let them come to the office”, she challenged.
Regarding the contracted teachers, she said that ‘‘in as much as we want
them to be in classrooms to share their experience, we would also retain
some
at Regional Offices to harness their experience for the development of the
human resource.” As regard the payment of double shift to staff at the
regional
headquarters, the directress said that even though they work up to 18:00hrs
(6:00pm) or 19:00hrs (7:00pm), they were not receiving the double shift
allowance until recently and even with that, not all of them are receiving
it.
She concluded by saying that “we cannot pay them what they have not worked
for,
that’s cheating.”
OVER 5,000 CASAMANCE REFUGEES
GET FOOD AID
By Bubacarr K. Sowe
An estimated 5500 Casamance refugees scattered in almost 47 villages in the
Fonis, Western Region, are being provided with food aid by the United
Nations
World Food Programme (WFP), said WFP Representative in The Gambia, Malcolm
Robert Duthie.
Speaking to Foroyaa on Friday, Mr. Duthie said since October 2006,
following
the outbreak of fresh fighting between the Senegalese government troops and
the rebel groups in Casamance, the WFP has been continuously providing food
aid to fleeing refugees from the conflict.
This project which was approved for The Gambia to the tune of US$863, 771
is
to cover WFP’s support for both the refugees and the host families through
an initiative in The Gambia called “Food for World for Community
Development
(FFWCD).
According to Duthie the refugees in the last eight months, have been
receiving a ration of Rice, Pulses, Vegetable oil, Corn, soya blend and
iodized salt
to cover their basic daily energy requirements. “A total of 700 metric
tonnes of foodstuff has been provided so far. As from June this year, around
6,
000 Gambian host families will also be receiving some food in payment for
work,”
the WFP representative said.
Duthie also said that the full assistance programme is planned to continue
until the harvest season in October, covering the lean period in these
areas
and taking into account the food security status of the area. The FFWCD
activities which started from May will benefit host family members, in The
Gambia
while preventing serious food insecurity from occurring as food stocks have
ran out and communities are still under stress from the continuing demands
of
refugees.
The WFP head has lauded the extraordinary generosity of Gambian villagers,
noting that they had to bear with the situation before even WFP’s first
food
aid had arrived, which shows that for most households, it was a complete
depletion of food through sharing. Duthie revealed that a recent WFP funded
nutrition study tended to vindicate the approach as it showed no major
malnutrition
problems.
WFP’s Head of Programme in The Gambia, Shioko Momose said that the numbers
of refuges are expected to rise due to escalation in fighting in the recent
weeks. Momose said that the WFP is working with sister organizations such
as
the United Nation High Commission for Refugees (UNHCR) which is involved in
the
protection and registration of the refugee, and the United Nations Children
Fund (UNICEF) which is working on issues such as sanitation. She said that
UNICEF is providing funds to neighbouring health centres such as the WEC
Clinic
in Sibanor in order for refugees to access free health care.
According to the WFP, food distribution is done on ten distribution points
across the Fonis in partnership with The Gambia Red Cross society and
non-governmental organisation and that the WFP is grateful to The Gambia
government
for its cooperation on the plight of refugees.
Gambia Back into Contention for N/Cup Place
By Modou Nyang
The Scorpions drew 2-2 with the Cyli National of Guinea forcing themselves
back into contention for a place in next year’s African Cup of Nations
thereby
throwing group 8 wide open after a similar score line in Praia a day
before.
The Guineans started the game brightly by attempting to scare the visitors
in the first minute but the Scorpions who have their backs to the wall
after
suffering a humiliating defeat to the Guineans earlier in March, responded
in
like manner and were even denied a penalty in the process.
And as the Scorpions were beginning to take hold of the game the Guineans
surprised keeper Musa Bajaha only 10 minutes into the game with a powerful
drive that deflected off the Scorpions defence and into the net. But they
refused
to bow down and in the 8th minute of the second half Edrissa Sonko combined
beautifully to fire in the Gambia’s equalizer.
But the jubilations were short lived as the Guineans took lead from a spot
that hit the post before being played back into the net. And as Guinea
thought
that they have completed a double against the Scorpions, substitute Modou
Jange headed in to level the score line.
The Scorpions could have even snatched a famous victory had fellow
substitute Assan Jatta properly laid the ball for the rushing Jange to do
another
simple tap in to the Guinean goal.
The Scorpions now has 4 points from four matches. They sit third in the
group with Algeria in top position with 8 points, Guinea second with 5 and
Cape
Verde fourth with 4 points.
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