REVISITING JAMMEH'S NEVER-ENDING GAGGING OF THE PRIVATE PRESS

When will Jammeh's harassment of the Gambian press end/stop?

I am compelled to ask this question, because when I looked at the front page
of the Monday issue of the Daily Observer, the lead story was yet again
about another proposed law.

This time it is the National Media Commission Draft Bill 1999, whose primary
objective, in my view, is nothing other than another attempt yet again by
Jammeh to further stifle the press in the Gambia.

According to the Daily Observer, the draft bill, which is expected to be
passed or rejected during the current legislative sessions, gives the
proposed media Commission, which is to act as a regulatory body of the
Gambian media, far-reaching powers, including the power to fine and imprison
journalists who fail to comply with the provisions of the Bill.

Interestingly, the members of the proposed Commission, whose
head/chairperson will be appointed by Jammeh himself, are immune or exempt
from civil proceedings, and, worst of all, "no appeal shall lie from a
decision of the Commission."

For more information on the content of this draconian Bill, read the Monday
issue of the Daily Observer.

Meanwhile, I must say that when I went through the whole content of the
draft Bill, my mind went back to what the renowned British barrister,
Geoffrey Robertson, had once said about obstacles to press freedom.

The principal obstacles to press freedom lie, in the words of lawyer
Geoffrey Robertson, "not in prejudiced proprietors, circulation crazed
editors or incompetent journalists, but in a web of a vague legal doctrines
which catch facts and opinions essential for informed scrutiny of social
power."

Interestingly, when Mr Jammeh was recently in the USA, he had claimed that
he was committed to press freedom and yet his government is retaining
laws/Decrees or trying to pass laws which make it impossible for the press
to be what it should be.

How can Jammeh's recent statement and the actions of his government be
reconciled: One one hand, Jammeh says he is committed to press freedom and
on the other hand, his government is trying to set up a National Media
Commission, whose members would be given sweeping powers, powers that would
further restrict or curtail press freedom in the Gambia.

It is the proverbial case, if you know what I mean or you have the
experience of living next door to a colony of mice, of the mouse causing the
wound and gently licking it in order to continue the business of inflicting
greater injury.

Interestingly, shortly after seizing power in July 1994, Jammeh called on
the members of the press to "freely criticise" them anytime we wanted to.

He and the late spokesman of the then ruling military council, Captain
Sadibou Hydara, had told Gambians, on many occasions, that a new era of
progress, democracy, freedom, accountability, transparency and probity had
dawn/begun in the Gambia, now that they were at the helm.

I am sure the late Captain Hydara must be turning in his grave if he truly
believed in his own words. Because since 1994, journalists working for the
private media in the Gambia have been regularly arrested, reportedly
tortured in some cases, and hauled into court on very flimsy charges in
other cases.

Jammeh still continues to show extreme hostility toward the independent
media and, in fact, believe me, if he had his way, he would have banned the
private media outright.

But because he fears international pressures/condemnations, he is forced to
use a number of strategies to harass and intimidate journalists in order to
frighten them.

To buttress my point, I'll cite examples of the numerous harassments the
private press has encountered since Jammeh came to power, so that you can
better understand/appreciate the gravity of the situation, or at least be
familiar with the difficult conditions under which the independent media in
the Gambia operates.

Here it goes:

In fact, on the very first day of the coup, a Daily Observer reporter, Alieu
Badara Njie, was detained for several hours, while on assignment at the
Bakau military barracks. Mr Njie had gone to the barracks to find out what
was happening there, as we were hearing gun shots from our Observer offices,
which are just a stone's throw from the Bakau barracks.

When Mr Njie reported to our offices the next day, he told us that he was
detained for several hours at the Bakau barracks, during the first day of
the coup, and was only released because Captains Sam Sarr and Mamat Cham had
recognised him.

Then came August 1994: Two editors of Foroyaa, Sidia Jatta and Halifa
Sallah were arrested and charged under Decree No 4 with publishing Foroyaa
illegally, on the grounds that their paper was an organ of a banned party.

Sidia and Halifa were discharged by the Magistrate, but were required to pay
D1,000 dalasis cost if my memory serves me right.

In september 1994, a senior reporter of the Daily Observer, Justice Fofanah,
now living in exile in the US, was arrested at the Kairaba Beach Hotel,
while on assignment there, and detained at the Banjul police station for
several hours, before being released and told never to go the Observer
offices again.

The police wanted him to disclose the source of a story he wrote about Ebou
Ndure, former chief of Protocol, but Mr Fofanah had refused to name his
source.

The saddest day for the Daily Observer came on 30 October 1994, when the
Immigration authorities arrested Kenneth Best, then proprietor and editor in
chief of the Daily Observer, in the morning, and deported him to his
war-torn country of Liberia in the afternoon.

In fact, prior to his deportation, Mr Best was picked up by the security
forces on October 21, 1994, and he spent 21 hours in detention in Kartong
before being released.

Best was told by the security forces shortly before his release and I quote:
"Mr Best, from now on, you have to be careful with what you put in your
newspaper"...

Anyway, a few days after Best was deported, Abdoulie Savage, a Daily
Observer reporter now living in exile in the US, was severely tortured by
the military at the Bakau barracks, after I, myself, had assigned him to the
barrack, in order to find out what was happening to the ex-ministers who
were being rounded up on that day and were believed to be detained at the
Bakau barracks.

In fact, Savage was hospitalised for days before recovering from serious
facial wounds.

During the same period, a journalist of The Point newspaper, Ebrima
Sankareh, now living in the US, was also arrested and detained for several
hours. I forgot exactly what Sankareh's alleged crimes were, but he was not
charged in the end.

Then came my turn: In December 1994 the late Captain Hydara had used radio
Gambia, a rally in Bansang and a symposium at the Gambia college to call me
"a liar, a detractor, a misinformer, a Western puppet", among other things.

In March 1995, the government intensified its harassment of the press, after
The Point newspaper had carried a story about a prison riot at the Mile 2
prisons.

Three journalists of The Point, Pap Saine, Alieu Badara Sowe and Brima
Ernest, were taken into custody and later charged with the "publication of
false news with the intent to cause fear and alarm to the public".

After a six-month trial, the three journalists were acquited by the court.
Surprisingly, the next day, Pap Saine's passport was seized by agents of the
National Intelligence Agency (NIA) at the airport, as he was about to travel
to Dakar to attend a meeting there.

Saine was threatened with deportation to Senegal, because the Immigration
officials in the Gambia had alleged that he was Senegalese.

After he was released, a shaken Pap Saine told me that he was only released
because I had sent an emotional/sensational report about the confiscation of
his Gambian passport to the popular BBC Focus On Africa programme which gave
Saine's arrest worldwide publicity.

Pap Saine later showed me documents confirming that he was indeed born in
the Gambia.

As for Brima Ernest, a Sierra Leonean, the Press Union had to get him a US
visa, because he was also threatened with deportation to Sierra Leone, where
he was wanted by the then military government in that country.

In October 1995, the Jammeh regime violated international law by deporting
Cherno Ojuku Ceesay, also a Sierra Leonean, to Sierra Leone, even though the
Jammeh government knew that Cherno was wanted by the Captain Strasser regime
at the time.

Luckily, Cherno was not executed as first feared upon arrival in Freedom. He
was detained for weeks, but subsequently the Strasser regime had to release
him after receiving immense international pressures.

A few days after Cherno was deported, two female staff of the Daily
Observer, the late Lorraine forster and Fatoumatta Jallow were arrested and
detained for several hours, at the NIA headquarters in Banjul.

The two were accused of distributing Captain Ebou Jallow's resignation
letter. Fatoumatta was never charged but Lorraine was subsequently charged
with distributing a "seditious publication" relating to Captain Ebou
Jallow's defection.

Cherno baba Jallow was also arrested by the NIA who had expressed
reservations about his column in the Observer. Cherno, correct me if I am
wrong, but didn't the NIA threaten your parents in Basse because of your
commentaries?

Then came March 1996, when a new campaign against the private media was
started. Baboucarr Gaye, then proprietor of the now defunct New Citizen
newspaper was, in fact, the main victim of this policy, because his paper
was being printed at the Government Printing Department.

During this period, March 1996, the AFPRC also issued Decrees 70 & 71 both
of which have increased the bond required from any any independent newspaper
publisher from D1000 dalasis to D100,000.

In fact, I was among the editors of the four private papers who were taken
to court for several weeks, in order to comply with the provisions of Decree
71. During our trial, there was a complete one week when all the independent
newspapers in the Gambia did not come out.

Before our trial, to be precise in February 1996, then student journalist
Baboucarrr Sankanu was also detained for days after he sent a story to the
BBC about a blaze at the Serekunda Market.

After the presidential and parliamentary elections Jammeh again intensified
his intimidation/muzzling of the private press. In 1997, the cost of
licenses to operate a private radio station was increased from D12,000 to
D25,000.

In July 1997, Alagie Yorro Jallow, then a BBC stringer and Alieu Badara
Sowe, were detained for five days after they wrote a story about a prison
riot in the Gambia.

In October 97, the government banned the popular press review programme on
Citizen FM, because it felt the radio station was only reviewing stories
critical of the regime.

Prior to this, to be precise in May 1997, the Gambian authorities reportedly
prohibited radio Gambia and Gambia TV from broadcasting programmes critical
of female genital mutilation.

In November 1997, Ellicot Seade, the Ghanaian editor in chief of the Daily
Observer was deported to Ghana, for no just reason. A few months before
Seade's deportation, three staff of the Daily Observer, including Court
reporter Moco Macauley, now in exile in the US, were deported to Liberia.

In June 1998, Sule Musa, a Nigeria journalist who was working for the
Observer was surreptitiously deported to his native country of Nigeria.

In February 1998, Citizen FM went off the air for days after its proprietor
Baboucarr Gaye and news editor Ebrima Sillah were arrested and detained for
days before being released. They were later accused, among other things, of
broadcasting an unfounded shake-up story about the NIA.

In August 1998, Theophilus George, Demba Jawo and Baba Galleh Jallow were
detained for days after the Daily Observer had reported the collapse of the
fence at State House.

In September 1998, Citizen FM was closed down by the courts. Baboucarr Gaye
was charged in March 1998, under a law dating back to 1913, called the
Telegraph Act.

The Act states: "if any person establishes a telegraph station without a
license...he shall be liable to a fine of D1,000 dalasis or imprisonment,
with or without hard labour for a term not exceeding 12 months"...

In May 1999, Amadou Samba bought the Daily Observer and just a few days
after the purchased the Observer, Samba sacked Demba Jawo and Theo George.

Baba Galleh Jallow resigned and went to start a newspaper with Alagie Yorro
Jallow. However, after publishing just five issues, the Jallows' newspaper,
The Independent, was ordered to cease publication until they sorted out
their registration.

And before the paper resumed publication after being off the streets for
days, Baba Galleh and Yorro Jalow were kept in custody at one point.

And now the draconian Media Commission Bill is about to raise its ugly head.
Am I not therefore obliged to ask this question: when will Jammeh stop
harassing the private press in the Gambia?

It is very clear that since Jammeh came to power, the independent media in
the Gambia has been facing endless harassments and intimidation from him.

Surely the effects of these harassments, coupled with more overt forms of
repression will only increase self censorship within the ranks of the media.

Rather than risk international condemnation with an outright ban on the
private media, Jammeh's tactic is to frighten the journalists into self
censorship. Because he knows that the media, hedged around by these
repressive laws, will certainly practise extensive self-censorship in order
to steer clear of legal implications.

I must, however, say that despite the numerous harassments/obstacles, the
independent media in the Gambia has continued to do an impressive job even
though its critical comments, in some people's view, are sometimes subtle,
instead of being more forthright.

In conclusion, I have to say that Jammeh should be made to understand that
one of the sacred duties of the media is actually to help the
readers/listeners and the entire public for that matter, to take action when
necessary in the public interest, and to avoid unnecessary mistakes,
hardship, disasters or tragedies.

Therefore, the media is duty-bound to be in the vanguard of justice, truth,
fair play, making sure that whatever is in the public interest is exposed or
reported.

The press, in every democracy, serves as an Early Warning signal(EWS),
warning of danger, be it military, political, economic, social or business.
It is indeed the duty of the media to inform the people of what is happening
and to provide a forum for public discussion of issues that concern and
affect the public.

For Heaven's sake let someone tell Mr Jammeh that the media in the Gambia
has the duty, responsibility, obligation to enlighten the public so that
they (the public) can make the right choices/decisions.

Ebrima Ceesay,
Birmingham, UK.

PS: I received the Foroyaa's posting on the death of Nyerere in codes.
Grateful, if someone could send me the same Foroyaa posting on Nyerere if
there are no codes.

I read George Ayittey's piece on Nyerere, and I must say I was very
disappointed. I, myself, intend to take issue with professor Ayittey if time
permits me.

I don't know about you, but as for me, it doesn't bother anymore even if you
are a Harvard University professor/rector. I have now mature if you know
what I mean. These professors are just human beings like us. Consequently,
they should be challenged or taken to task if they are distorting the facts.

I am speaking from experience, because a leading Western expert/professor of
African Affairs, who is highly respected intellectually, stole some ideas
from my manuscript when I gave it to him to have a read.

I used to elevate this professor, but I am now convinced that he just has
brains like you and I. And as such, he is bound to get it wrong from time to
time.

Yes! Nyerere had his limitations, but the man deserved better than what
Ayittey gave him.

By the way, I am presently looking at Nyerere's political fall out with
Abdou Rahman Babou and the lessons to be learnt. Babou was jailed when
Nyerere occupied the presidency in Tanzania. That should make an interesting
piece.

Let me speak jargon here: I have now got some reliable information on Dr
Sedat Jobe, Gambia's foreign minister, but the good editorial judgement in
me is telling me not to send anything to the L as at now.







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