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Subject:
From:
Momodou Camara <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Fri, 23 Feb 2001 09:01:49 +0100
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FYI the following was issued by The PDOIS Central Committee.

*************************

PDOIS' Position On The IEC And The By-elction

      Election is a period during which all Gambians can claim equal right
to have a say in determining how the affairs of the country is to be
managed. This is the only time that the poorest of the poor becomes relevant
to those who occupy or seek to occupy the highest offices in the land.
Elections are means to assert the sovereign authority that each Gambian
possesses. This is what shows that sovereignty or power resides or belongs
to the people.

The IEC is the institution which should create the conditions which should
enable the people to speak their minds through their vote without fear.
The IEC should therefore be an Independent institution whose members should
not be vulnerable to any interference by any authority.

The removal of Bishop Tilewa Johnson without any tribunal being set up to
examine any allegation of misconduct compromises the Independence of the
Commission. If the president can remove Bishop Tilewa Johnson what would bar
him from removing Mr.. Roberts or any other member of the commission. How
secure are such people? Even if they wish to do the right thing, it would be
possible only if the president tolerates their action. This is a precedence
which must never be tolerated.

2001 is not 1996/97. In 1996 there was no republican Constitution in force.
Decrees were the order of the day. The AFPRC could dissolve the Provisional
Independent Electoral Commission. Now there is a constitution which limits
the authority of the president. The constitution cannot implement itself. It
is the various stakeholders who must make the constitution to be enforced.
First and foremost, all those who are appointed to head Independent
institutions and who swear to discharge their functions without fear or
favour, affection or ill-will must guard the Independence of the
institutions they control. They should never compromise the integrity of
their institutions if Gambia is to build a democratic society.

The people must also put an end to the culture of silence. They should act
as the owners of the country by putting aside tribal, religious and other
differences and concentrate on the factors which enhance or hinder their
liberty. They should realise that every Gambian is a politician. Each
Gambian has a right to elect or be elected. No body should be unjustifiably
or unreasonably restricted from exercising one's right.

Needless to say, it is the duty of those elected or seeking to be
representatives to recognise that representatives are trustees of the people
's power. They have a duty to utilise the authority of the people to
safeguard standards of governance that would promote the liberties and
prosperity of the people. They have the duty to represent the people. To
misrepresent  them amounts to gross betrayal of public trust and gross
display of irresponsibility. All those who are entrusted with the authority
of the people should utilise it responsibly to promote their welfare.

PDOIS recognises that to allow the president to interfere with the
membership of the IEC would constitute a dangerous precedence. It leaves the
Independence of the IEC to  chance; makes it vulnerable and weakens its
institutional foundation. As far as we are concerned, the Independence of
the IEC cannot be compromised. PDOIS has declared that the removal of the
Chairman of the IEC and a member was unconstitutional. We shall not
participate in any activity of the IEC until the Supreme Court makes its
decision on the unconstitutionality or otherwise of the removal of Bishop
Tilewa Johnson. To participate is to consolidate a precedence and make any
attempt to combat any reoccurence in the future extremely weak. As the old
saying goes ''to avoid it all avoid the first.''. We stand by this
principle. Now that we have a Supreme Law we must see to it that it works or
expose and refuse to compromise with attempts to make its provisions to be
sterile. We have full confidence in the Independence of the Supreme Court so
far and will abide by any decision it deems fit.

Of course, we must say that we would have been more inspired if the members
of the Commission who were removed took up the case with the Supreme Court
in order to assert their Independence from both governing party and
opposition. All the same, even though opposition parties have adopted
different tactics with PDOIS calling on those removed to take up the matter
with one opposition party or a stakeholder stepping in as a matter of last
resort to prevent the issue from being an opposition - ruling party rivalry
the end result is of interest to all parties. We therefore welcome the
initiative of the other parties and hope that the Supreme Court will
continue to give this matter top priority since the whole democratic system
of the country hinges on their decision.

On the by-elections, PDOIS holds that each party has the right to employ the
tactics and policies it deems fit.

PDOIS however would like to observe that the APRC has more than
three-quarters majority in the National Assembly and can amend many
provisions of the constitution without consulting other parties. This is not
a healthy situation. The country needs a more balanced National Assembly so
that the government will not change the constitution as its wishes. All
voters should bear that in mind when they vote. National Assembly elections
should go beyond mere loyalty to political parties. A voter should bear in
mind what is best for the country.

Lastly, PDOIS has long indicated that section 26 of the 1997 constitution
guarantees each Gambian the right to elect and be elected; that no
unreasonable and unjustifiable restriction should be imposed on a person.
The constitution has provided that all decrees and laws must be adapted to
its provisions. Hence any person whose right to stand for election has been
restricted should approach the IEC to stand as a candidate and take the
matter up with the High Court should ones nomination papers be rejected.

The Gambian people own the country. They have the sovereign authority to
determine their manner of government. No one can be their political saviour.
They are the guardians of their own destiny. What they need is information
and knowledge to raise their awareness. They would know who to entrust their
power to. Any enlightened person would know that the representative who
deserves their trust is one who can enlarge their liberty and prosperity.

The freedom of all  Gambians to put their programme before the people should
be recognised. This is the requirement of our times. 'We must answer to this
demand if the people are to truly become the sovereign architects of their
destiny.

Issued by The Central Committee.

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