FOROYAA BURNING ISSUES NO: 5/2003 16 - 19 January, 2003 CONTENTS: * The Local Councils In Limbo - Is Government Serious About Decentralisation? * Immigration Department Issues Warning * Judge Rebuts Director General Of Prisons * NAMs Scrutinise The Department of State for Tourism And Culture - On The Issue Of The Bumsters * Halifa Sallah's Reaction To The 2003 Budget Speech * LETTERS: Despite AGOA, I was Deported From The US, On Business Trip ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Editorial The Local Councils In Limbo - Is Government Serious About Decentralisation? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Decentralisation was meant to give power to the people in villages to take part in determining who will serve as their leaders and be fully involved in planning and implementing community projects. The constitution tried to make the position of Alkalo elective where there are disputes. The position of chief was also made elective to make them accountable to the people. The first blow against the empowerment of villages was to make Alkalos answerable to the SoS for Local Government and Lands and the chiefs to be answerable to the President. Instead of decentralization of power to determine traditional authority, it is now fully under executive control. Furthermore, the government put the cart before the horse when the Secretary of State for Local government and Lands brought the Local Government Bill without provisions to deal with the finances of the council. Readers would recall the statements made by a PDOIS member of the National Assembly that "the financial provision of the Bill is insufficient to run the local government authorities;" that "the Bill did not establish a financial year for the council that it only stated the following: "Subget to this Act the financial affairs of the council shall be regulated in accordance with the local government finances and audit law to be enacted by the National Assembly." The member for Serrekunda Central indicated that the law was to come in the future after the creation of the council. He called on them to add the provisions of the financial sections under the old Local Government Act until a new Act is enacted. This was ignored. Almost nine months have elapsed without a finance and Audit Bill being brought to the National Assembly. Today councilors are almost dormant because of the lack of information regarding the mode of handling council finances. Councils are still overshadowed by commissioners and the Department of State for Local Government,. It does not want a traditional authority and Local Government system that it cannot control and direct. There is need for change of approach if there is to be a positive way forward. __/ __/ __/ __/ __/ __/ __/ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Immigration Department Issues Warning ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Inspector Baboucarr Jallow, Public Relations Officer of the Immigration Department has indicated that foreigners who feel they cannot pay taxes imposed on them by the Gambia Government should leave the country now. In an interview with this paper, Inspector Jallow said the new fees on Alien ID Card and Residential permit will come into force at the end of this month. He went further to say that his Department is not out to bargain and will therefore enforce the law. "We have said all documents are expired at the end of the year 2002. We have given them, (aliens) time to have their papers regularised until the end of January. After that period we are going to enforce the law. This time, we are saying aliens will be given documents for which they have paid for," he posited. Asked whether the Immigration Department will allow part payment for residential Permit and alien ID Cards, Inspector Jallow responded that his department will not entertain such. "Part payment for Residential Permits and Alien ID Cards are not allowed. We are asking all foreigners that no payment should be done in the streets. Aliens should do their payments in full and at an immigration post, Immigration Department or at the Immigration Headquarters," he said. Asked what the Immigration Department will do to aliens who fail to comply. Inspector Jallow said his Department is anticipating that all foreigners who are peace loving and law abiding will respect the rules and regulations of the country. "Am sure, they (aliens) have been enjoying the peace and tranquility that has been accorded to them in this country. In return, therefore, we are expecting them to cooperate," he said. __/ __/ __/ __/ __/ __/ __/ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Judge Rebuts Director General Of Prisons ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The treason trial of Dumo Saho, Lieutenant Darboe, Lieutenant Jaiteh, Momodou Marenah, Ebrima Barrow and Ebrima Yarboe, on Tuesday took a dramatic twist when the presiding Judge, Ahmed Belgore informed the court that the action of David Colley, Director General of Prisons, to allow security officers from the National Intellengence Agency to take the first accused Ebrima Barrow out of the prison custody without court order constitutes contempt of the court. It could be recalled during the last court proceedings; that Ebrima Barrow, wanted to change his plea of not guilty but this was objected to by the Judge who urged him to seek the advice of a counsel before doing so. It could also be recalled that the first accused was brought to court by a police officer who said he was ordered by one Inspector Amie Sey of the Banjul Police station to bring the accused person to court. Earlier during that proceeding, Ousman Sillah, then counsel for the first accused person had informed the Central Prisons but he was told that his client was taken away by agents of the National Intelligence Agency. During Tuesday's proceeding, David Colley, Director General of Prisons informed the court that it was normal practice for accused persons to be taken away from prison custody by security agents for interrogation, pointing out that this is an administrative practice that has been going on since the colonial era. He went on to say that the accused person was handed over to one inspector P.S.Jobe of the Banjul Police Station. The Judge further put it to Colley that it is wrong for the police to investigate a matter that is already in court. He further pointed out that the accused person was brought to court by a court order. At this juncture, the Judge asked Colley whether he knows that releasing the accused person without court order amounts to contempt of court. The witness responded that he did not know. The Judge further asked Colley whether he, David, would allow any preference if the full force of the law is allowed to investigate contempt on him, but the witness kept mute. At this point, the Director of Public Prosecution, Akimoyae Agim, stood to say that Mr. Colley thought he was doing the right thing, noting that was a mistake made by Colley. In any institution, administrative practices are carried out day by day. I have seen security officers who are acting wrongly without knowing it. Mai N.K. Fatty, who came to the court with the DPP, took everybody by surprise when he stood up. Mai N.K. Fatty, counsel for Ebrima Barrow, told the court that the information given by David Colley is inconsistent with what he was informed by his client. Mr. Fatty told the court that his client has informed him that he was taken away from the prisons at an ungodly hour by one senior official of the NIA Salmina, prosecution witness Francesco Tasso and two military officers armed to the teeth. He told the court that when his client was released at this ungodly hour, he was taken onboard a vehicle sandwich by a senior NIA and PW1. He said his client was tortured and excessively intimidated which was why his worship, the learned Judge, witnessed the summersault of his client, as a result of the intimidation meted out on him. "The court was not told the truth. We should look at the peculiar circumstances. A mistake of this grand nature should not go unpunished. This is not theft, it is treason. The fact brought by the Director General of Prisons is inaccurate and it constitutes a violation of the right of my client. Ignorance of the law is no excuse. The Director General wants to sugarcoat the situation and deceive the court," he said. Making his ruling, the Judge said he is convinced that Colley did not say the truth and is in contempt of court. "He should be ashamed of himself as Director General of Prisons. I do not believe in their administrative practice. It is an administrative ploy. Punishing him will make him a hero of nonentity. A repeat of this practice will not go unpunished," the Judge said. The judge also rejected an application for the proceedings to be heard in camera, noting that the reasons advanced by the learned DPP are not convincing. "There is no doubt that there must be convincing reasons to be advanced by the applicants considering the gravity of the case. Francesco Tasso must be responsible for his act considering the fact that he has taken employment with the NIA. I do not see how him giving evidence will affect the security cover of the state. I see nothing that will endanger him giving evidence in court," the Judge said. All accused persons were present in court. The case continues. __/ __/ __/ __/ __/ __/ __/ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NAMs Scrutinise The Department of State for Tourism And Culture On The Issue Of The Bumsters ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Halifa Sallah, member for Serrekunda Central asked the SoS for Tourism and Culture to indicate to the National Assembly whether any study had been done to identify the causes of the "Bumster" phenomenon and what is being done to provide youths prone to be Bumsters with alternative means of survival? In response, the SoS for Tourism and Culture Yankuba Touray indicated that the Department of State in collaboration with the Department for International Development (DFID and the Association for Small Scale Enterprises in Tourism (ASSET) conducted a study on the Tourism sector in order to integrate the formal sector into the informal sector. SoS Touray went on to indicate that youths unemployment and Poverty are some of the attributes of tourists harassment at the Tourism Development Areas (TDA) and other areas frequented by tourists. The study and questionnaire received from tourists, SoS Touray said, also revealed that the bumsters are the main problems affecting the tourism sector. SoS Touray indicated that government through the NYSS has always provided alternatives to unemployed youths including the bumsters by introducing apprenticeship programmes and tourist guide training scheme. "It is disheartening to know," SoS Touray said. He said that none of the bumsters opted for these training programmes designed to equip them with life skills to contribute positively to government's poverty reduction strategy. However, through the integrated National Youth Policy and Programme of Action (1999 - 2008). Government will continue to provide the enabling environment to reduce youth unemployment and poverty," he said. Halifa argued that the SoS for Tourism indicated that none of the Bumsters opted for these training programmes. He then asked the SoS whether he is aware of a training programme in 1997? In response SoS said exactly what he said; that they have not opted for the training programmes and that he was aware that the Department of State for Tourism and Culture in collaboration with the National youth Service Scheme has conducted a training scheme for tourist guides. Omar Baru Camara, member for Kantora said that he would like the SoS for Tourism to tell them what method of sensitization they used to sensitise these boys to enable them to come and report for these training programmes and whether they have tried to find out why these boys didn't come if they were properly sensitized? In response SoS Yankuba Touray indicated that the Department of State for Tourism and Culture as a prelude to development to tourist guide training scheme has conducted a lot of sensitization programme on our beaches; that in fact the training programme was designed to absolve some of these trainable bumsters to be trained like official tourist guides; that they did not attend. SoS Touray indicated that there are reasons for them not attending; that because the tourist guides scheme is regulated and the way you are going to have resources is programmed. "So they feel that when they joined the tourist guide training scheme the amount of money they are going to receive by following the 'Tubabs" and so on will be far more different because this is a programme tour that is conducted by the tourist guides." Hamat Bah, member for Upper Saloum said that he cannot agree with the SoS; that they were unable to address the bumster phenomenon in this country; that according to his answer one of the problem they have is the issue of bumsters. Mr. Bah then asked SoS Touray whether they have any plans in place to legislate laws that would address the situation in this country as others have done? In response, SoS Touray said that right now the Tourism Offences Bill is suppose to come in the National Assembly; that in fact they were looking for a certificate of urgency so that the bill will be passed in the National Assembly to ensure that laws are in place like any other country to curtail the problem of bumsters. Halifa said he asked the question whether the SoS is aware of any training programme in 1997 where 60 young people who were classified as bumsters were trained to become official tourist guides? In response, SoS Yankuba Touray said he was aware of a training programme in 1997 during which they trained unemployed youths to become official tourist guides. Halifa further asked the SoS whether he is equally aware that more young people who are classified as bumsters applied for that training programme and were rejected by virtue of the limited nature of the training programme? SoS Touray said he was not aware of any. Mr. Touray said that qualification also counts; that they cannot train anyone; that if you do not have the right qualification you will not be selected. Duta Kamaso. Member for Wuli East indicated that based on her experience with the bumster situation it is not only because of unemployment. She asked the SoS for Tourism to indicate how many types of bumsters we have in this country and what were the legal implications regarding these bumsters? In response, SoS Touray said "Mr. Speaker Sir, I have only one type of bumsters and these are the ones that harassed the tourists." Speaker: "May I remind the SoS that you don't have to answer all supplementary questions. Some supplementary questions are not necessary. NAMs Chorused: "No! no! no!" Ramzia Diab, nominated member indicated with all due respect that the National Assembly was a very important body and if SoSs were there to answer questions, they should just get up and answer questions; that the Honourable Speaker, belittling the National Assembly was very embarrassing to us. NAMs chorused again: "Yea! yea! yea!" Halifa Sallah also said that SoSs are to answer questions but one cannot say that they will not answer questions; that SoSs cannot answer what they do not know. Mr. Sidia Jatta also reiterated that if a question is not necessary it should be ruled by the Standing Orders; that the speaker does not need to tell them not to answer questions. NAMs chorused again: "Yea! yea! yea!" __/ __/ __/ __/ __/ __/ __/ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Halifa Sallah's Reaction To The 2003 Budget Speech ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Institutions We have seen the answer given by the Secretary of State on the public institutions we have as far as their profits are concerned and the dividends they are paying to government. And I have seen quite a number of institutions making profits but frankly, Honourable Speaker, no dividends were paid in the past year. And I have not seen any mention of what government is deriving from the institutions as the owner. I hope some issues can be dealt with. But I will go right away to applaud the postal services. It says in page 36, referring to Gamtel: "In the year 2002, after six months of operation, Gamcel results are target as budgeted for the year. During the six months of operation revenue amounted to 255.9 million dalasis exceeding the current budget of 208.6 million dalasis by 47.3 million dalasis. This improvement was largely due to the increased revenue realised in providing access to the many customers connected to the Gamcel network. The expenditure for some period is 206.6 million dalasis." I want the Secretary of State to clarify this. Is it 208.6 dalasis or 206.6 dalasis? Is that an error? If you say 255.9 million, exceeding the budget of 208.6 million. I would like the Secretary of State to indicate what has happened to the funds of the AMRC. He said it is at the Central Bank. What is going to be done about it? Referring to NAWEC, we are talking about a total budget of 440 million dalasis and fuel takes 303 million dalasis. Honourable Speaker, to have real strategic planning for energy. We have ratified an agreement involving many countries in our sub-region. And it is very significant that we start to have strategic planning as far as energy is concerned. Because this is not sustainable. And as I have said when we were ratifying the agreement, dealing with the transmission line, these loans would have to be paid and if NAWEC cannot pay them ultimately, privatisation. This is what we need to bear in mind. And I would say, alternative sources, through sub-regional cooperation, can actually be looked into. There are hydroelectric power; solar and different forms of energy sources. And there is need for some investigation into what the most appropriate form of sustainable energy source for the country is. To come to conclusion Honourable Speaker, the strategic direction of the country needs to be revisited. We cannot continue to live above our means. We need a productive base. And there are two alternatives to building a productive base. Either the public corporation will have strategic direction where they are made to ensure that their profits help in building the productive base of the country, or if the country is to build a private sector, then there must be a strategy helping for that private sector to emerge. And that would require a national initiative, a national conference of some sort to really look into the matter. Otherwise we will end up in a serious crisis, and economic crisis, which will increase the poverty of our people as we are seeing today. Prices are going up; life is becoming more difficult and the agenda is to make that more difficult. Of course to conclude, Honourable Speaker, if one is going to ask a motor mechanic D2500.00 and D5000.00 etc whilst those people are investors in the sense that many of these small-scale producers do not go to banks. They earn big money one day and sit the other days; they lack spares, electricity and are living from hand to mouth. They own resources to invest, to buy tools to buy other things in order to continue to produce. So if you are depriving them of that investment base, of their capacity to save, their capacity to invest. And clearly what has saved this country and any country in Africa is the ingenuity of the people in the informal sector. They are engaged in trade of all sorts and activities of all sorts to be able to survive. And the more we encroach into those areas the more we are going to dismantle the support base of the economy. And we can expect more crisis. Thank you very much. __/ __/ __/ __/ __/ __/ __/ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Despite AGOA, I was Deported From The US, On Business Trip ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dear Editor, I am an avid reader of your column on "The Gambia's Economic Situation." For more than six year now, I have been going to and down to the United States of America on purely business trips. Most of the goods I take to the US are value added goods such as tie and dye and men and women's dresses sewed in the Gambia. I was doing this business for a long time without much problem and I also do in turn import "FJ clothes" (second hand clothes) and many other items of profitable value to The Gambia. But to my surprise, in my this last trip, I was deported and ordered not to go to the US for at least another two years. This surprised me because I thought the Gambia accepted to be part of African Countries that gain access to US market through AGOA, and that Gambians who are already in business in the US would have no problems in transacting their trips or businesses. My question now is, has AGOA imposed new restrictions on people aiming to do business or is it that one needs to be registered anew for one to be qualified to do business in the United States? Please clarify. Thank you in advance. Yours sincerely A reader. Thank you very much for this most valuable question. Many newspapers have written about AGOA but had not clarified how one should become qualified to gain access as an individual business person to AGOA. We would try and get access to information from the US Embassy in Banjul. However, we know that countries such as Benin has sought clarity through Seminars provided by FDA (Foundation for Democracy in Africa) on how African businesses can gain advantage of the African Growth and opportunity Act (AGOA). So the Gambia Government should also approach the FDA to see if they can help to give clarity about what the real opportunities in the US are for African countries. The FDA specialist who went to Benin gave much clarity on how to use AGOA, how to market goods to the United States, the impact of the globalisation, the need for economic competitiveness, and public-private partnership etc. This would indeed give business persons in the Gambians a good idea of how the products they want to sell fit into the World Market. According to Gregory Simkins, the expert who runs the Benin seminar, the program uses AGOA as the jumping off point to create public- private partnership in West African countries and to establish match making between West African and American countries. The African Growth and Opportunity Act was signed into the Trade and Development Act of 2000. the Act also aimed to help African countries open their economies and build free markets by reinforcing reform efforts, and by improving access to US credit and technical expertise, as well as offering economic incentives. According to the report on the seminar in the African News Report provided by the American embassy, these incentives include allowing reformed African countries the most liberal access to US market available to country that do not have a Free Trade Agreement with the United States. The report also says, AGOA authorize the President to grant duty-free treatment for a variety of product including textiles. It also says, for textiles, AGOA offers unlimited quota-free and duty-free access to the US market for apparel made in Africa under certain conditions. The African News Report also mentioned that preferential treatment is granted to 36 African nations deemed eligible to participate in AGOA because of their efforts in economic and political reform. The report also highlighted Amendments to AGOA since President Bush took over which is known as AGOA II. AGOA II is aimed and designed to improve and clarify some of the specific provisions not addressed in the original legislation, substantially expands preferential access of imports from sub-Saharan African countries. According to the report, African export to the United States under AGOA went up appreciably even though percentage figure has been stated. It says, apparel imports from Africa, increased by 28 percent. According to Mark Bellamy, the Principal Deputy Assistant Secretary of State of African Affairs, AGOA related trade has increased substantially. He said textil exports to the US jumped by 700 percent. Simpkins however said AGOA's potential has barely scratched the surface. He said there is a lack of understanding about what can be done to make AGOA work even better. He also said Businesses are not taking advantage of goods that are duty -free. He told the seminar that West African region is better positioned to access the US market because it is closer to the US and that is why it is chosen to participate in the FDA program. He said the products are there and the entrepreneurs are there; that all they need is to be refined. In this respect, what Gambian business persons should do is to wait for the FDA's second phase of its program that would bring technical assistance to the participating countries.. The FDA, according to the report also plans to host a one-day seminar on doing business in Africa for business people interested in US trade and government officials involved in trade policy. The ADDA (Alliance for Democracy and Development in Africa, which is based in the Gambia and led by a Gambian, Dr. Madi Touray can approach the FDA (Foundation for Democracy in Africa) to send an expert to the Gambia even on a one day seminar to give much needed clarity on this most important issue. So as it stands, business people wishing to take advantage of AGOA should see the American Embassy for advice. What is however clear is that AGOA only provides opportunity to people or countries producing home-made products such as textiles in Ghana and Nigeria or even in Senegal and not countries that are programed to re-export products produced in other countries. In a way it is encouraging countries to manufacture their own products so as to gain access to US market. The interesting thing about it however is that it has conditions which has to be met by countries before an African country can be part of countries given the opportunity and that is, a country must not only open their economies, whatever that means but must build what they called "Free Market" and reinforce reform efforts. Now looking at these conditions, the question that readily comes to mind is: How can the Gambia produce a wide range of goods/products to benefit from AGOA? This can be done in two ways. Either the private sector operators engage in investment in the productive sector to produce goods in large quantity and variety, which they acknowledged, they are not in a position to do. Or the state to do the productive sector investment which it is conditioned not to engage in by our creditors, the IMF and the World etc.. And if investment in the productive base is not done, the opportunity offered by AGOA would tantamount to a loss opportunity or an opportunity which is only stipulated in paper and therefore would remain only a dream, a mere dream for Gambian entrepreneurs. This is how matters stand, Mr. Reader. __/ __/ __/ __/ __/ __/ __/ -------------------------------------------------------------------------- Source: FOROYAA (Freedom) NO: 5/2003 16 - 19 January, 2003 ISSN: 0796- 08573 Address: FOROYAA, P.O.Box 2306, Serrekunda, The Gambia, West Africa Telephone: (220) 393177 Fax: (220) 393177 Email address: [log in to unmask] -------------------------------------------------------------------------- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html To contact the List Management, please send an e-mail to: [log in to unmask] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~