Gambia-L, The situation in the country is occupying us. We have just seen some of your comments and have decided to send you some of the things which had been taking place by extracting them from FOROYAA. By tomorrow, we will be able to give you concrete picture of what has taken place. We are still on the ground. --------------------------------------------------------- THE DEATH OF EBRIMA BARRY A Case Study To begin with, this is a comprehensive report on Ebrima Barry's death which I feel should be reported in such a way as to help clarify some of the unfounded and confusing stories relating to his death as carried out by the Daily Observer Newspaper. As the Information Minister of the Gambia College Students' Sub-union who along side other GAMSU (Gambia Students' Union) officials, particularly the vice president of the Union, Mr Alajie S. Darboe, were closely following the result of the death of Ebrima Barry since it happened on 9 March 2000. It is based on this that we had gathered enough information as to what had happened since day one when violence erupted between the deceased and his teacher at Foster's Vocational Training Centre and not the Senior Secondary School. The former is known to many as the new site while the latter is known as the old site (where the deceased was). Below is a breakdown of facts of how everything went on systematically over the whole incident: AT THE SCHOOL On March 13, 2000, a five person delegation from The Gambia College, on behalf of GAMSU, visited the school where the deceased was, where we addressed the students on matters of discipline and obedience, as well as the role of the school administration in handling disciplinary matters and not handing down such cases to the wrong agents in order not to repeat another Ebrima Barry's case happening. After which proceeding we were brought three witness statement forms from the Brikama Police Station by one CID Officer in order to take down the witness statements from among the deceased class mates. All the interviews conducted with the Ebrima's class mates revealed the same story. Three were selected. Thus, one of the witnesses stated that: "It was on Tuesday, March 7, 2000 when I and the late Ebrima were sitting together on the same bench at the back of the class when Mr Paul, the Commerce Teacher, entered the class and instructed us to get seated in-front of the class, which we did. But upon doing so, Ebrima was still instructed to change position to another seat where the sun rays have their reflection. Ebrima insisted on not going to that particular seat and complained of the sun rays reflecting there. "Meanwhile, a heated debate erupted between Ebrima and the teacher which later resulted to the teacher scolding Ebrima. When Ebrima also scolded back, he quickly gave the teacher a hard punch on the face; thus a fight broke out. Then they were separated and Ebrima came back attacking and insulting. He was then calmed down and he went home. "Subsequently, the following day Ebrima was in class when Adjhao, the Senior Master, went to report the matter to the Fire Station from where he appeared with a Fire Officer before the class and went away with Ebrima...." THE SENIOR TEACHER WHO REPORTED THE MATTER TO THE FIRE STATION Mr Adjhao is the senior teacher responsible for the school. He confirmed that he did report the matter to the Fire Station, but with the intention that the officer will only witness the handing down of a suspension letter to Ebrima and escort him out of the school premises and nothing more than that. He further attested that Ebrima came back to the school that very day with the father, the Fire Officer and another old man in a bid to plead on behalf of Ebrima. He said I accepted their apology and assured the father that Ebrima could now come to school after the Tobaski prayer. "This was the last time when I last saw Ebrima until on Thursday when I heard of his death", remarked the sobbing and regretful senior master. MISS CAMARA - EBRIMA'S CLASS TEACHER Miss Camara, what can you say about Ebrima? Miss Camara: "Well, Ebrima was an average student, but could have been more than that if he always applied himself. Above all, Ebrima was very watchful in class and did actively take part in class discussions but at time he would just listen rather than participate. Ebrima is also very regular in school", concluded the saddened and sympathetic looking class teacher. THE DECEASED FATHER - ALIEU BARRY On that same day, we visited the deceased's father by the name Alieu Barry and he had this to say:- The deceased's father swore sternly in order to authenticate what he knew about the sad story he narrated before us. "I will not say what I do not know about this incident, nor will I exaggerate the story on that ground that they killed my son". "I was never aware of Ebrima having such a problem at the school with his teacher. I only came to know about this on Wednesday, March 8 at the market when he Ebrima and a Fire Officer appeared before me. I was then told by the Fire Officer to go along with them to the Fire Station upon the orders of his boss. Upon arrival, I was told that my son had no discipline; that he fought with his teachers and therefore was suspended from school. Then I said to the Fire Officer to escort me back to the school to plead with the master concerned over the issue. "In school, I pleaded and apologised on Ebrima's behalf for him to be forgiven of which I succeeded in doing at the end and I was assured that he would be accepted back in school, but only after the Tobaski prayer. "However, I went back to the Fire Station to put to them that I had now settled the matter with the senior master. But surprisingly,I was told that Ebrima had to stay with them and be disciplined. "In fact, we will shave his hair without putting water", one among them remarked, said the father. So, I thought may be they were only threatening him in order for him not to misbehave in school any more. Thus I left Ebrima with them and went to the market. "Later in the evening, on the same day, I reached home only to be informed that Ebrima was reported to have been in the Brikama Health Centre where it was claimed that he would not be attended to by a nurse without me being present. So off I quickly went to the Health Centre and found Ebrima bending over the stomach complaining of severe general body pain. He was then prescribed medication and asked to report the following day. "Throughout the night, he could not sleep. He had a sleepless night. And during that night, I asked Ebrima what went wrong. "I was beaten mercilessly, shaved and water poured on me"." I enquired from Ebrima's father whether he was given cement to eat and carry bags of cement from one place to the other, as alleged, but the father denied of such happening to him. "The following morning, Thursday 9 March, I left for the market. But upon arrival at the market, I was told to go back home because Ebrima's condition had aggravated. On my way back home, I met an escorting vehicle on the way taking Ebrima to the Health Centre and they stopped me. Upon getting into the vehicle, I found Ebrima lying dead, but did not disclose it to the people there. Quietly, we arrived at the Health Centre where the doctor performed a test on him after which Ebrima was declared dead. Thus the dead body was referred to the RVH for post-mortem. AT THE COLLEGE LEVEL - Their Reaction Upon hearing the news, we all felt bad about it. The tragedy was like a sad and shocking state of affair that lured the bodies of the entire students. We were all sympathetic over the death of a colleague and we felt that as a family immediate and quick action needed to be taken against those responsible for this barbaric and inhumane act. "They must be brought to justice, for justice knows neither citizen nor policeman and justice delayed is justice denied totally", remarked one student. Apparently, we knew that investigations were on but we also knew for certain that no arrest in connection with the death had been effected, which really frustrated and got into our nerves. Also, we did perceive that the word justice is one of the misused words in our day which is battered beyond recognition, distorted and mutilated and above all justice at times as applied in our midst is ridiculed by members of the law enforcement agents. Thus, all these factors put together prompted and warranted us, as a family, to cry out louder for justice to prevail and to take to the streets of Brikama way down to the Commissioner's Office peacefully in our large numbers on Wednesday, March 22. This was also in line with the raping of a 13-year old school girl from Brikamaba Junior Secondary School who represented her school in the Inter-Schools Sports Competition two weeks ago by an unknown paramilitary officer. During the march, we went as a body to extend our condolence to the bereaved family and on our way back to the College, we had an ordeal with the Brikama Fire and Ambulance Service men where they (the officers) started the stoning which later turned to raining down of stones from both ends and in the process one of the fire ambulances' windscreen was smashed to pieces. Soon after this encounter we (the students) had a closed door meeting in the Principal's Office which was filled with a high powered delegation from the Department of State for Education. Among them was the Permanent Secretary and some security personnel from almost all its branches. They included Landing Badjie (13 Badjie) - the Commander of the Serious Crime Unit; intelligence officers from the President's Office; police detectives and CID personnel; the Commissioner, Western Division; the Chief of Kombo Central and the Principal Education Officer for Region 2. During the meeting, 13 Badjie said "I do not blame you (the students) much since you should have been informed of the latest development as to how far we have gone into the issue, and I am not here to tell you sweet words but the hard fact and not because the situation at hand is tense." We were advised and assured of justice taking its right course. Besides, I was given a copy of the post-mortem (autopsy) report that proves beyond all reasonable doubt that the post-mortem report is not empty as allegedly reported by Pa Nderry Mbai of the Daily Observer. It evidently shows signs of torture of the deceased. Attached is a photocopy of the autopsy report. "On the instructions of the Coroner of BRIKAMA the undersigned on this day carried out a Post-Mortem examination within the mortuary of this institution on the body of EBRIMA BARRY which was identified in my presence by the following persons: "1. Saikou Barry - uncle of Brikama Perseverance; "2. Kebba Barry - Brother of Brikama Perseverance. "Present at the identification was 1ST CC 448 KALILU BOJANG - BRIKAMA POLICE STATION. "My findings are as follows:- "EXTERNAL EXAMINATION "The body is that of an average build African male of 25 years. It is well preserved and well nourished. No trace and evidence of beat in the external examination were found. "INTERNAL EXAMINATION "At the opening the thoracic cavity any abnormalities of the heart vessel greats and mediastinum were found. All the structures were found in the normal anatomic position. "Into the trachea and bronchial lumen were found aereate secretion. In the inspection and examination of the lungs were found that both were increased in size and weight and edema were present. The right lung showed a bigger area of the infarct located in the middle lobe and in the base with severe harmorrhage necrosis. "ABDOMINAL CAVITY "LIVER - Increased in size and weight with fatty liver appearance. "SPLEEN - Normal "PANCREAS - Normal "INTESTINE - Normal "KIDNEYS - Normal "REST - Normal. "CRANIAL CAVITIES "The scalp is normal, all the skull bones are normal. No fracture are seen. The suture line of skull were very carefully examined. The brain was normal only showed mild edema and congestion. No abnormalities that has relationship with trauma was found. "CONCLUSIONS "CAUSE OF DEATH- "Infarct of the right lung located in the middle lobe and base with severe harmorrhagic necrosis. Severe edema of both lungs. "Acute respiratory insufficience "Hepatic estaetosis "Note: Any relationshiped lesion with trauma and beat were found in the autopsy and in the post-mortem examination. It called attention the lung finding in the post-mortem examination. "DR RAFAEL RIZO "HISTOPATHOLOGIST "RVH." ---------------------------------------------------------- 13 March 2000. Secretary of State for Education, Department of State for Education, Bedford Place Building, BANJUL. DISCIPLINE IN SCHOOLS - On The Death Of Ebrima Barry Events of far-reaching significance for the educational system in the country has compelled us to address this letter to you. It has been reported by Ebrima Barry's mother that before he died he claimed that three officers of the Fire and Ambulance Services Department arrested him and forced him to arrange over forty bags of cement. He was then undressed and water was allegedly poured on him. According to the mother, the child was flogged, kicked and hit on the head after his hair was shaved. Cement is said to have been poured on his head and put in his mouth. How a school boy who is accused of infringing school rules or proper conduct could find himself in the hands of officers of a Fire and Ambulance Services Department raises fundamental questions. It signifies that coercion is increasingly being resorted to as a means of dealing with problems of school children. The cruel and inhumane punishment which Ebrima has been allegedly subjected to constitutes a gross violation of Section 21 of the Constitution which states in no uncertain terms that no person shall be subjected to torture or inhuman or degrading punishment or other treatment. It goes without saying that section 19 of the Constitution asserts that "Every person shall have the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprive d of his or her liberty except on such grounds and in accordance with such procedures as are established by law." It is very clear from the information received that Ebrima was deprived of liberty unlawfully and arbitrarily. He was not held in detention in conformity with any law. He was deprived of liberty, but was not treated with humanity and respect for his inherent dignity as a human person. To make a school boy to arrange over forty bags of cement, shave his head and flog him constitute torture, cruel, inhuman and degrading punishment. What led the Fire officers to partake in such a brutal exercise? Is it because of the fact that the school system has found it convenient to involve officers, as alleged, in ensuring discipline in schools? The reports we have received from both the father of the young man and the school indicate that the officers were initially asked to intervene to try to calm tension between the child and a teacher. This issue is, therefore, not a simple question of brutality from members of a security force. It reflects a tendency to give more weight to coercion than counselling in ensuring discipline within the school system. How discipline is to be enforced in the school system is a matter that requires urgent attention. School administrators are increasingly resorting to suspensions, transfers and coercion, as we have seen in Ebrima's case, to address problems associated with challenges to authority in the school system. All these methods reflect a tendency towards disowning the child instead of accepting responsibility for his or her integration into normal school life. In our view, a healthy society is one where people are imbued with a sense of belonging. We all know that young people who are seen as the worst delinquents do go abroad in search of greener pastures and do not hesitate to send the bulk of their earnings to eradicate the poverty of their parents when they do succeed. Many are determined to suffer just so that their parents would be free from suffering. This clearly shows that when people are truly imbued with a sense of belonging, they are, in most cases, willing to sacrifice to ensure that those whom they are a part of do not suffer unnecessarily. If we are to build a healthy society, it means that families, neighbourhoods, schools, children and youth associations and the State must create environments which children will be proud to belong to. The more we create a society where families, neighbourhood, schools disown children, social exclusion will become the order of the day. When people are deprived of a sense of belonging; when they no longer feel that others care for them, they also must become care free. When others do not want to spend time to show them that they are concerned; that they matter; that they are willing to invest in them so that they become their best selves; they also become callous, defiant and indifferent. Every attempt to use force or coercion to ensure conformity leads to greater inconformity and deviance. The ultimate result is to propagate rebellious tendencies within families, neighbourhoods and schools. It is, therefore, absolutely essential to see that the discipline through canes is the discipline of the donkey. Coercion may break the will of a donkey and make it to live as the master wills. Coercion enrages a human being and makes him or her rebellious. He or she may conform just for sometime, but ultimately the end result is always social disorder. What is essential is to understand that a family, a neighbourhood, a school system which promotes a greater sense of belonging tends to have greater influence in shaping the behaviour of its members. Its members are keen in accepting sanctions in order not to be excluded from such a precious company. This is the direction towards which educational institutions should move. Schools are promoters of a way of life, that is, if those who manage them are motivated by a sense of purpose and direction. There is, therefore, need for the educational institutions to be given a re-orientation so that the problems which have surfaced in Brikama will be effaced for good. Those who may have thought that they were disciplining Ebrima were doing so under misconceived notions of how to help a child to develop. What they may have been trying to do was to break his will to resist so that he may conform. Where that conformity is resisted, more force is applied. The end result is always incalculable. It is realised only when the undesirable happens. What is essential now is to draw fundamental lessons from the development so as to avert a reoccurrence. We would like to suggest the convening of a national conference of headmasters, principals and other senior administrators as soon as possible to discuss democratic administration of schools. How to manage institutions without risking such incidents is of fundamental urgency. We hope your Department of State will facilitate such discourse which should go on and on at all levels in the education system and the community, at large, so that the school system will continue to influence the emergence of a Gambian man and woman with a great sense of belonging and responsibility for the community, and serving the greater good in the interest of all. ..................................... Halifa Sallah For: The Editorial Board. ------------------------------------------------------------- THE PHASING OUT OF FORSTER'S TWO GRADE 10 CLASSES On Monday, 27 March 2000, a delegation from the Department of State for Education, led by the Permanent Secretary, Dr Saidou Jallow, held a meeting at the Regional Education Office in Brikama with the proprietor of Forster's Skill Centre, Junior and Senior Secondary Schools, Mr William Forster; the Regional Education Officer, Mr Kakai Sanyang; the Commissioner, Western Division, Mr Kebba Ceesay; the Chief of Central Kombo, Mr Bakary Santang Bojang; the Officer Commanding Western Division; Student leaders from GAMSU and The Gambia College and parents/guardians. The delegation from the Department of State for Education included Mr Baboucarr Bouy, Director of Planning and Mr Pap Sey, Director of Basic Education. The objective of the meeting was to discuss matters relating to the immediate phasing out of the two grade 10 classes at Forster's Junior Secondary School. In his opening remarks, the Permanent Secretary said that at the beginning of the academic year, Mr William Forster was cautioned not to enrol any students to grade 10 in his secondary school because he did not fulfil the educational requirements and criteria to continue operating a senior secondary school in accordance with the Education Act of The Gambia. He further indicated that according to findings from the School Inspectorate Unit, Mr Forster went ahead and registered two grade 10 classes under the name of a skill centre known as Brikama Technical Training Centre (BTTC). According to Dr Jallow, findings also revealed that these classes were using the same outline and specified government grade 10 syllabus, which he said is not similar in any way to that of the syllabus of any skilled centre; that this is a clear manifestation, which also clears all doubts, that what Mr Forster is claiming is untrue and unfounded. The Permanent Secretary further cited provisions in the laws of The Gambia which give the Secretary of State mandate to allow or disallow anybody wanting to operate a school, be it nursery, primary, junior or senior secondary school, but upon conditions that the said person in question has fulfilled all requirements, terms and conditions deemed necessary by the authorities of the Department. Dr Jallow went on to say that "it is the same Education Act that mandated the Secretary of State for Education to announce or effect the closure of any such school found to be non-fulfilling the specified terms and conditions laid by the Department. "Thus, here today, this led or warrant us to conclude that these two grade 10 classes under discussion, said and known to be under Forster's Senior Secondary School be transferred to Mindaw Junior Secondary School and will be continued there as normal grade 10 classes under any government senior secondary school with effect from Monday 3 April 2000". Dr Jallow urged all parents, guardians and students affected by this change to abide by what the Department of State for Education is asking them to do in order to avoid another Ebrima Barry history repeating itself at Forster' s. A parent asked the type of uniforms the students will wear. It was made to him that the students shall continue to wear the uniforms they wore when at Forster's. It was also indicated by the education authorities that teachers will be provided to teach the students. Another parent was also concerned about the mode of payment of school fees. The Permanent Secretary assured him that it is the same trend that is to follow suit regarding the manner and mode of payment of school fees. He made it clear that those students who had paid fees for the first and second terms will only pay third term and those who paid only one term will need to pay the rest. Dr Jallow further clarified that those continuing grades 8 and 9 within Forster's Junior Secondary School and the grades 11 and 12 in the senior secondary school are not affected in any way by this current change. Thus, the aforementioned grades will continue to operate under the name of both the junior and senior secondary schools without any disruption whatsoever in the education of those students until at such a time when these grades will phase out completely. By Lamin Jobe, Minister of Information, Gambia College. ------------------------------------------------------------------ 10 April, 2000. Secretary of State for The Interior, Department of State for The Interior, BANJUL. GAMSU AND THE DEPARTMENT OF STATE FOR THE INTERIOR A Collision Course Or Dialogue? Sentiments do grip a person when confronted with situations that students have been confronted with upon learning the death of Ebrima Barry and the ra ping of the school girl, Binta Manneh. When a vacuum is left by inaction after such developments, emotional reactions are usually the price of such inaction. Suffice it to say, it is the duty of those who manage State affairs to be the ultimate protectors of the rights and vital interests of the people. It is their duty to accord speedy justice in order not to be seen to condone injustice. The Department of State for the Interior is said to have issued a press release indicating that action has been taken to arrest and detain those who are alleged to have tortured Ebrima Barry to death; that the files have been handed over to the Attorney General's Chambers for action. The message, however, lamented that GAMSU still intends to hold a demonstration and warnings were issued that the security forces would not allow any break down in law and order. This gives the impression that GAMSU and the Department of State for the Interior are on a collision course. It is, therefore, necessary for the rest of us not to twiddle our thumbs while the bush fire is being set alight. This letter springs from our cognition of a sense of duty in promoting the defence of rights, as well as the legitimate exercise of duties of both State functionaries and the sovereign people of The Gambia. The contradiction between GAMSU and the Department of State for the interior is not a complex one. The Department of State for the Interior is a government department. GAMSU is a civil society organisation. The Department of State for the Interior is established under the Constitution to provide services to the Gambian people. It has the responsibility to display a high degree of honesty, fairness and impartiality in its dealings with members of the public. As a Department of State, it is required under section 216 of the Constitution "to secure and promote a society founded on the principles of freedom, equality, justice, tolerance, probity and accountability." This is due to the fact that Departments of State are public institutions, and as organs of the government they are bound by section 1 of the constitution which asserts that "the Sovereignty of The Gambia resides in the people of the Gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised." This should be very instructive to every Secretary of State. It should inculcate a sense of understanding that a Department of State is just an instrument for rendering service to the sovereign people of The Gambia, and Secretaries of State should always put the interest of the people at the forefront in making any decisions. When this approach is taken, power will never be exercised for its sake. It will be exercised for the sake of the people. So far the Department of State for the Interior has been collaborating with the students to ensure that the alleged cases of murder and rape are thoroughly investigated. What is now in question is the expression by the students that they will hold a demonstration after the Department of State feels that it has done all within its possibilities to see to it that the grievances of the students are addressed. Apparently, the press release seems to imply that the students are becoming unreasonable for calling for a demonstration even after certain guarantees are given. This raises questions regarding the culture of right. Where does the exercise of rights start and end is a fundamental question of governance. Governance is, in deed, the art of predicting probabilities, identifying priorities and making options that can enlarge the freedoms and welfare of the people. It constitutes the lawful exercise of responsibility with the objective of creating possibilities to solve problems. The objective of the action of every State official is not to enlarge problems, but to minimise and even ameliorate them. This should be the objective of the Department of State for the Interior. If the Department of State for the Interior is to have the desired impact, it must not weigh the actions of the students against what it deems to be reasonable. What it should do is to weigh whether the actions are reasonably justifiable in a democratic society. If this yardstick is established, one would be able to promote dialogue. One would be able to know where actions threaten to exceed the bounds to the legitimate exercise of rights and infringes on the rights of others. Instead of issuing threats, one would be issuing advice that would serve as food for thought. Suffice it to say that the students are learning from the school of life. It is through such developments that they come to understand how citizens exercise their rights, what constitutes the legitimate exercise of rights and what constitutes the infringement of the justifiable and democratic bounds established for the exercise of such rights. A democratic culture is inconceivable without according citizens the freedom to exercise what they have rights to do even if the context is considered by others to be unjustifiable. In short, rights are not gifts. They are possessions. They belong to those who take ownership of them. It is not for others to bar the legitimate exercise of rights, but to convince those who wish to exercise them of the futility of exercising them to achieve a purpose which has already been served if one is of such an opinion. It is more judicious to protect the exercise of rights even if the officials of the State consider it to be unnecessary, as long as those who willed it to be exercised are resolved to exercise it. This is how matters stand with GAMSU. Section 25, subsection (1) (d) of the Constitution asserts that "Every person shall have the right to:- "freedom to assembly and demonstrate peaceably and without arms." Subsection (f) adds that "Every person shall have the right to freedom to petition the executive for redress of grievances and to resort to the courts for the protection of his or her rights." It is, therefore, a constitutional right to address a petition to the executive as well as to demonstrate peaceably without arms. The Public Order Act, therefore, has to be read in conjunction with the supreme law of the land. What is required of the students, if they are to engage in any procession, under section 5 is to make an application for a licence defining the conditions on which the procession is to take place. Needless to say, those who receive such licences to hold a procession are obliged to do so peaceably and not destroy any private or public property. In this light, it is the duty of the Department of State for the Interior to guide the students to have their demonstration legally by abiding by the provisions of the law and even safeguard them to go to the places they want to go, submit the petitions they want to submit and disperse peaceably. It is the duty of the students to teach each other how to conduct themselves in such a way that the rest of society will give them confidence and respect by displaying conduct that is reasonable and justifiable in a democratic society. If students can act in unison with maturity and respect for the rights of others, one would be fair to conclude that a new culture of rights has emerged where people do not only become self-centred but are concerned when the rights of their fellow citizens are violated. If such social conscience and social action which will inject consciousness of the implications of violating the rights of others. This can serve as a check for each citizen to temper his or her action with the hammer of justice before perpetrating any action against others. Justice becomes instituted when the vast majority of people refuse to tolerate acts of injustice. It is not demonstration which constitutes a threat to security. Security can only be threatened if demonstrators go beyond the bounds of what is reasonable and justifiable in a democratic society. When people are not obstructed from exercising their rights, the burden of exercising it responsibly shifts to them. However, when the State bars the lawful exercise of rights, the expression of frustration which may threaten national security becomes its responsibility. The point of convergence, therefore, which accords with justice is for the State not to bar the legitimate exercise of rights and instead counsel for precisely such an expression in a reasonable and democratic way. This is the way to avoid a coalition course between GAMSU and the Department of State for the Interior. We hope the Department of State for the Interior will give regard to the conceptions inherent in this memorandum. ....................................... Halifa Sallah For: The Editorial Board. ------------------------------------ Prior to the delivery of the letter, we received information that the students were being suppressed at the GTTI to bar them from starting their procession. We went to the scene. The details and the actions we call for will be dispatched by tomorrow. 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