From: Foroyaa <<A HREF="mailto:[log in to unmask]">[log in to unmask]</A>>
Subject: FOROYAA Burning Issues


> The Presidential Candidate In The Making
> The Independent Electoral Commission has established 18th October 2001 as
> the date for the nomination of presidential candidates.
> Foroyaa has reliably gathered that the APRC, The UDP, The NCP and PDOIS
> have picked nomination forms. The NRP leader has already declared that he
> is going on a campaign.
> The purpose for taking the forms is to satisfy Section 42 subsection (2)
> of the Elections Decree which sates that "A Candidates for election to the
> office of president shall be nominated in the prescribed form of part A of
> schedule 4, by not less than 5000 voters whose names appear in the register
> of voters with at least two hundred voters being drawn from each
> administration area". Between now and the 18th of September 2001 it is
> likely that political parties will be sending those who are interested in
> their candidate being nominated for the presidential elections around to
> get people to fill the forms. Political parties should explain very clearly
> what the nomination papers are all about. It is absolutely essential for
> the IEC to sensitise the public on such nomination papers. Some people are
> claiming that registration of voters is taking place. Others feel that they
> are being tricked to explain who they support before the election. It
> should be clear to people that this is a legal requirement which is
> designed to short list presidential candidates. If one cannot get five
> thousand votes in a presidential election then one would not see the need
> to waste ones time to seek the mandate of the people. In actual fact, two
> mechanisms are utilised to short list candidates. One is money and the
> other is the number of nominators. It goes without say that the more money
> is utilised the more an electoral system becomes undemocratic  and corrupt.
> The best mechanism is to rely on the number of nominators. In the Gambia a
> presidential candidate has to deposit 10,000 dalasis. Section 47 paragraph
> (a) of the constitution states that " A candidate for election to the
> office of president shall, on or before nomination day-
> (a) satisfy the commission that his or her nomination is supported by not
> less than five thousand registered voters consisting of not less than two
> hundred from each administrative area, as signed by their signatures or
> otherwise;"
> Paragraph (b) adds that the candidate shall:
> "deposit with the commission such sum as may be prescribed by the Elections
> Decree or any Act of the National Assembly replacing or amending the
> decree, which shall be returned if he or she receives not less than forty
> per cent of the valid votes cast at the election."
> This provision should be repealed by any government and legislation who
> want to get rid of an election system based on money and privilege.
> 
> 
> IEC Chairman On The Forthcoming Elections
> In an Interview with FOROYAA the chairman of the Independent Electoral
> Commission Mr. Roberts had shed light  on some of the issues surrounding
> the forthcoming presidential elections.
> FOROYAA: Mr. Chairman it is just about 6 weeks to the presidential
> election, how many political parties have picked up forms for presidential
> nomination?
> Chairman: Five political parties - APRC, NCP, NRP, PDOIS and UDP.
> FOROYAA: What are the constitutional and other legal requirements of the
> would be presidential nominees?
> Chairman: The candidate would be checked on the following according to the
> check list:
> (1) Whether all the columns have been filled?
> (2) Whether the deposit has been paid?
> (3) Whether the manifesto of the party is enclosed?
> (4) Whether the statement of assets is enclosed?
> (5) Whether the income tax Clearance Certificate is enclosed?
> (6) Whether proof of vacating office under Section 48 is enclosed?
> (7) Whether certificate from the party is enclosed?
> (8) Has the candidature been objected to.
> (9) If yes, the Commission's decision on the objection.
> (10) Is the candidate qualified to be nominated under the Election Decree
> and constitution?
> (11) Is the candidate disqualified to be a candidate under the Elections
> Decree and the constitution?
> (12) Whether the candidate is sponsored by 5000 voters?
> (13) Whether the sponsors consist of a minimum of 200 from each
> administrative area?
> (14) The candidate must present the list of persons nominating him or her.
> (15) The candidate has to make an undertaking that he or she would have to
> abide by the  campaign  code of conduct  that would be prepared by the IEC.
> FOROYAA: As you may be aware the Supreme court is to make its  decision in
> October on the removal of your predecessor. Should they declare the removal
> as unconstitutional  can you  say if that  will not have effect on the
> conduct of the elections?
> Chairman: As you know, when a matter is before the courts it is subjudice
> to talk about it. So I will not answer that question.
> FOROYAA: Does the commission have an independent legal adviser? If so Would
> it help the commission if such legal adviser talks to the press to explain
> constitutional and legal matters.
> Chairman: The IEC is independent. They are not duty bound to talk to the
> press on legal and constitutional  matters. The IEC being independent seeks
> legal advice from the Judiciary which is also independent.
> FOROYAA: Lastly have you come to a decision on the counting centres. If so
> what is the decision?
> Chairman: Yes the commission is going to meet and decide on the location of
> counting centres. We have an idea of how it is going to be. We have decided
> to set up the location of the counting centres and when they are ready
> there will be an announcement of it.
> FOROYAA: Thank you very much Mr. Chairman.
> Chairman: Thank you, it's a pleasure.
> 
> Can The Supreme Court Order IEC
> To Postpone  Elections?
> The claims and counter claims that the IEC is engaged in consultation with
> the Secretary of state for Justice to determine who is qualified and who is
> not qualified to stand for elections is creating a lot of confusion.
> The IEC should have a legal department which will help the commission in
> dealing with legal matters. All questions of law should be addressed to
> such a department for thorough research before any pronouncement is made by
> the chairman of the commission. It is inappropriate for the members of the
> commission, especially the chairman  to comment on matters that are yet to
> be fully investigated.
> Infact the issue of the counting of votes should teach the commission the
> lesson of doing through research before issuing of statements to the press.
> It is important for the commission to be independent and be seen to be
> independent. All stakeholders can make representations to the commission.
> The legal advisers of the commission can engage in consultation with any
> person or authority who has a legal  issue to raise for the observation of
> the commission. The chairman of the commission is not obliged to seek
> advice from anyone. This is stipulated in section 43 subsection (3) of the
> constitution.
> It states:
> "In the exercise of its functions under the constitution or any other law,
> the commission shall not be subject to the direction or control of any
> other person or authority"
> Furthermore the Elections Decree has made it clear that no Supreme Court
> can order the commission to suspend or hold elections. This is completely
> outside the jurisdiction of the courts.
> Section 49 subsection (1) of the Elections Decree states:
> "A registered voter may object to a nomination paper on all or any of the
> following grounds, but on no other ground:
> (a) that the discription of the candidate is insufficient to identify the
> candidate;
> (b) that the nomination paper does not comply with or was not delivered in
> accordance with the provisions of the constitution or this Decree;
> (c) That it is apparent from the contents of the nomination paper that the
> candidate is not capable of being elected to the office to which his
> nomination paper relates."
> Subsection (4) adds that:
> "Every objection shall be in writting and signed by the person objecting
> and shall specify the ground of objection."
> Subsection (5) adds that:
> "The Returning officer shall, with the least possible delay, decide on the
> validity of an objection and inform the candidate concerned of his decision
> in accordance with section 46 or 47."
> Suffice it to say one does not appeal to the court when objections are
> rejected, one appeals to the commission. In short, subsecction  (5) reads:
> "The decision of a returning Officer on a nomination paper or any objection
> may be appealed against in writting presented to the commission  within two
> days of the decision, and the decision of the the commission on such appeal
> shall be final and shall not be called into question in any court of law."
> The IEC is therefore responsible for accepting a rejected nomination paper.
> The members have heavy responsibility in their hands. They must take action
> that can be defended otherwise history will indict them as saboteurs of the
> democratic order. We hope that those given the responsibility to exercise
> supervision and control of an electoral system would do so without fear or
> favour; affection or illwill in accordance with the dictate of conscience
> and the national interest.
> 
> PDOIS To Launch Presidential Campaign
> The PDOIS is to launch  its presidential campaign this weekend with the
> holding of a procession  in the KMC area to distribute a brochure entitled
> Agenda for  Democracy and Development abreviated as ADD, posters, emblems
> and other civic education  materials on Saturday 8th  September  2001 and a
> rally on Sunday 9th  September  2001.  The Agenda for Democracy and
> Development  is a proposal for  partnership between government  and people
> to promote the people's ownership of power and thus ensure their liberty,
> dignity and prosperty. It was meant to be a contribution to the agenda of
> a genuine coalition  establishd by all opposition parties as recommended by
> the PDOIS  congress held in 2001.
> PDOIS envisaged a coalition which will be formed on the basis of agreement
> by all opposition parties, with a coalition agenda, a campaign team
> comprising equal representatives of all parties, a code of conduct on
> campaign issues and a limited term of one year characterised by civic
> education to make people immune to intimidation and inducement, equal
> access to the national Radio and Television by parties for a whole year to
> put their programmes before the people without insult or promotion of
> sectionalist feeling, the elimination of all constitutional provisions
> which restrict political freedom and the holding of elections after the one
> year term. PDOIS even called for the selection of a presidential candidate
> outside the existing political parties to lead during the transition
> period.
> A discussion on a coalition took place on the 13th August 2001. PDOIS and
> NRP were not present. Only one registered party was present. An alliance
> was formed between UDP and PPP which has launched its presidential campaign
> under the leadership of Mr. Darboe. The NCP and NRP have also launched
> their presidential campaigns. Since the decision of the congress for a one
> year transitional government has not materialised PDOIS has decided to
> launch its partnership for liberty and progress campaign.
> The Information Bureau hereby notifies the members of the party that Halifa
> Sallah has nominated Sidia Jatta as the Presidential Candidate. This has
> been seconded by Amie Sillah. Party members have up to the 8th of September
> 2001 to make alternative nominations. The PDOIS Election Rules hold that
> should one candidate be nominated up to the end of the dead line for
> nomination he/she should automatically be the presidential canduidate.
> On Sunday 9th  September 2001 PDOIS will announce whether Sidia Jatta's
> candidature stands and is endorsed by the party membership or whether there
> will be elections.
> Issued by the Central Committee of PDOIS
> 
> PDOIS' Agenda For Democracy And Development
> The Way forward
> 
> The twenty first century is the era for democracy and development of the
> people. Information is spreading to every hamlet. Human beings are
> beginning to be conscious of their dignity and self worth. No human being
> wants to be excluded or discriminated on the basis of class, national
> origin, gender, race, tribe or language grouping, ethnicity, religion or
> philosophical position. The chains of marginalisation, ignorance, poverty
> and tyranny have  become intolerable. Rulers have no place in today's
> world. Only leaders who recognises and respect the authority of the
> sovereign people can survive in the hearts of the people now yearn  for
> liberty, dignity and prosperity. This country is not owned by its leaders
> but is inherited and owned by the people who have a duty to develop it  for
> other  generations to inherit.     This is the basis of Agenda  for
> Democracy and Development (ADD). History demands that this becomes our
> vision  and  mission.
> The Vision
> To build in partnership a society where people take full ownership of power
> and development and exert their power and creative energies to ensure our
> collective liberty, dignity and prosperity.
> Our Mission
> Our  mission is to  ensure:
> (a) Each for the nation and the nation for all
> (b) Empowerment of the people
> (c) The consolidation of a culture of rights
> (d) That development is by the people and for people
> ( e) That Government is based on the people's consent and run in their
> interest
> (f) Zero tolerance for discrimination on the basis of classes, tribe,
> gender, religion  and other forms of sectionalism
> (g) International respectability through responsive, transparent,
> inexpensive,  accountable, people centred and development oriented
> government.
> (h) That the mouths of the free association of people shall be the eyes and
> ears of the listening and sensitive government.
> 
> 
> Programme
> On Justice And Human rights
> Where rights are not  respected and safeguarded there can be no justice.
> Where there is no justice there can be no peace and development.
> PDOIS shall separate the office of Attorney General from that of the office
> of Secretary of state for Justice.  The Secretary of State for Information
> and Justice will be appointed on the basis of recommendations by human
> rights organisations and Media practitioners and shall ensure that
> international conventions become part of our national laws; work with
> human rights organisations and civil society in general to ensure education
> and protection of human rights.
> PDOIS  stands for constitutional and legal reform and establishment of a
> constitutional court to enforce and interpret declarations
> The Media
> Information is the key to freedom. It gives power  to the people to take
> ownership of their country and ensure its proper governance. One must know
> before one can make informed  choices.
> The media shall promote  civic education, expose maladministration and
> corruption  to ensure public accountability and governance in the people's
> interest.  It will have access to all public servants and information that
> is in the public interest. The media shall be self regulatory in accordance
> with laws that are reasonably justifiable in a democratic society. PDOIS
> shall only reform media laws in consultation and agreement with media
> practitioners.
> On Agriculture, Industry, Employment and Trade
> 2600 million is spent on imports;  42% relating to food . Exports earn us
> 239 million   leaving a trade deficit 2400 million . Self reliance in food
> production would earn Gambian farmers over 1000 million dalasis a year.
> To ensure marketing of agricultural produce PDOIS shall develop partnership
> with a genuine farmers co-operative which will be assisted with funds to
> purchase agricultural produce, provide storage facilities, market it and
> give farmers their legitimate income.  Public and private initiatives will
> be relied on to engage in fishing, processing, construction and other
> services to generate employment,  boost up trade and development.
> No public corperation should be privatised without consultation and
> agreement  with the workers of the enterprise concerned and the trade union
> leaders. Trade union leaders shall be represented in all boards of public
> enterprises.
> On Health and Environmental  Sanitation
> We live in the environment and the environment lives in us. Environmental
> sanitation leads to better health. PDOIS will give priority to a healthy
> environment to conquer malaria and other infections. People shall take
> ownership of their bodies and learn how to have the best state of physical
> and mental health through prevention. Health facilities shall ensure  easy
> access and quality in the delivery  services.
> On Women, Children and Education
> Over 30% of the population are under 15. Half the population are women. The
> survival and protection of women and children are indispensable to the
> survival of any society.  Being  the most disadvantaged, to address their
> problem is to save society generally. PDOIS shall give    cabinet posts to
> women in  consultation   with  the women's movement to ensure
> participation.
>  PDOIS shall ensure the promotion of education to acquire knowledge, skills
> and  values for living in partnership to promote personal, social and
> community development, and empowerment.
> On The Debt Burden
> This year, debt servicing amounts to  417 million dalasi which  is more
> than the health, education and agriculture budget combined. In 1992
> Gambia's debt was  390 million dollars or over 5000 million dalasis. By
> 1999 the debt had increased to 566 million dollar or over  8000 million
> dalasis. Over 80 percent of development budget depends on loans and grants.
>  Government depends on  treasury bills and loans to finance projects. The
> government and private sector employ 11% of the work force.  The productive
> base needs to be expanded to generate income for  projects and services and
> reduce dependency. PDOIS will maintain  an efficient, inexpensive people
> centred government under which political office will earn equivalent income
> with  doctors and other technical personnel. This will earn the country
> solidarity from donors and people to address  debt. .
> On  Local Government and Decentralisation
> Power belongs to the people at all levels.  Every village shall have a
> council elected by the people to consult the people before the spending of
> their village income. The people's priority will be taken into
> consideration in district, divisional and national planning. This will
> ensure partnership with the people to  bring  about  rural development.
> Citizenship
> Every person born in the Gambia shall be a citizen of the Gambia by birth.
> Every one who has been living in the Gambia since 1965 shall be citizen by
> registration.
> Anybody who has lived in the Gambia for at least  7 years shall be entitled
> to naturalise as a citizen.
> On International Relations
> The World bank had contributions amounting to 11 billion dollars up to 1997
> but earned  over 285 billion from its investments. African leaders like
> Abacha had stored  huge sum of money in foreign banks. African states can
> establish an investment bank with billions  deposited by states to finance
> development projects. PDOIS shall seek to establish a well managed
> democratic country that will earn the respect of all countries in Africa
> and the world in general.
> It will seek partnership with all agencies, countries and people on the
> basis of equality and mutual interest. This will foster African unity and
> international relations based on partnership for liberty and progress.
> Down with the culture of silence, ignorance, poverty, sycophancy and
> impunity. Your  vote gives PDOIS the right and duty to speak on your behalf
> nationally and internationally. Your  vote empowers us to lead the country
> or become  PDOIS a major opposition force to  challenge who ever controls
> power on your behalf.  History calls for democracy and development. Its
> verdict is irreversible. This is the way forward.
> You are either part of the problem or be part of the solution. Make your
> choice.
> 
> 

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