Foroyaa Newspaper Burning Issue Issue No. 60/2004, 29 July-01 August, 2004 EDITORIAL BAFROW – 3 Million-Model Village The President went to inaugurate the project of a Non-governmental Organization as part of the July 22nd Celebrations. The project is at Mandinaba in Kombo East, Western Division. The project is said to cost 3 Million Dalasis. If one considers the 90.5 Million Dalasis cash recovered by the Asset Management and Recovery Corporation, one would envisage the possibility of building 30 model villages of that nature. If what is spent on the Presidential Tour and the July 22nd Celebration are taken into consideration one would know that an enemy of development is the extravagance of leaders. A developing country requires a leadership that will engage in financial discipline. The budget of a country must be designed to promote development goals. In the 2003 Budget, FOROYAA pointed out the allocation of 40 Million Dalasis to finance below the line expenses. This constituted nothing but mismanagement of public finances. The Auditing of the accounts of government and the presentation of reports could have been the way to identify wastage. This country has tremendous potential for development. The fact that the total assets of the Social Security is over 1000 Million Dalasis confirms the potential for public productive investment. The display of models should therefore draw our minds to the misused opportunities. If limited funds are used in productive ways development is achieved without growing indebtedness. Yes, Countries can take loans. However they should be invested in a balanced way to boost up production and provide services. However if loans are taken without building the productive base, debts will increase without the means to pay them. This will lead to an increase in taxation and the utilization of revenue for services to repay loans. This is why the government has to pay 1500 Million Dalasis out of a budget of 2200 Million Dalasis. Halifa On Tombong Jatta’s Prediction of Leadership Crisis for the Alliance Foroyaa: Is there an impending leadership crisis for the Alliance? Halifa: The Alliance is not designed to have one person or party to lead it. It is designed to draw opposition parties to agree on a set of principles, policies and programmes that will guide their selection of candidates and the fulfillment of a transitional mandate. One expects that all parties and Gambians will inherit a governance environment that will enable each Gambian to know that sovereignty resides in him/her; that he/she is equal to all others in the country; that leaders do not bring resources from the sky but take it from their tax money and sweat to bring development; that leaders prove their success by being accountable and committed in making the right policies to bring about programmes. It is envisaged that at the end of the transition programmes there will be proper financial management and professionalism in the public service, as merit instead of party affiliation becomes the basis for occupying public offices. It is envisaged that at the end of the transition programme that the transitional president will step aside and encourage a genuine multiparty contest between the various political parties on the basis of their principles, policies programmes and practices. The public media will be open to encourage these principles, policies, programmes and practices to be disseminated. Foroyaa: Could there be a crisis in selecting the Presidential Candidate? Halifa: If five parties accept on ground rules to select a presidential candidate there should be no crisis. As a Coordinator I know full well that without ground rules to govern the affairs of an organization the law of the jungle, impunity will prevail. It is the establishment of the ground rules which determines whether an Alliance has a future or not. If the ground rules are absent one can predict a crisis in selecting candidates. If they fail to agree on ground rules then an Alliance dies before any discussion of leadership. I am sure Tombong knows very well that I would be the first to detach myself from a process that is not credible. I have an integrity to maintain. Both of us are members of the African Parliament. During the inaugural session there was lobbying everywhere for positions. The West African Region had a meeting to select their delegates. One anticipates a selection crisis because of the different interests. I chaired a meeting of the candidates to the Vice Presidency for the African Parliament. By the time I finished delivering my report not a single post remained unfilled by consensus. I think this was a more complicated affair. In my view, the objectives of the Alliance are clear. It is to empower the people so that after a transitional programme is implemented with genuine constitutional and legal reforms such as the restoration of the second round of voting, chieftaincy elections, autonomous councils, security of tenure of public servants and freedom not to be judged by political affiliation etc. The individuals and parties could freely seek the mandate of the people without inducement or intimidation. In my view, once the people genuinely agree with the programmes of the Alliance there can be no crisis in determining who are best suited to implement the transitional mandate. On the other hand, any one who goes against the interest of the Alliance is likely to be isolated. The Alliance becomes bigger than any party or personality once the people take ownership of it. Janjanbureh And Bansang In Water Crisis The two major towns in CRD, Bansang and Janjanbureh or George Town, lack water supply from NAWEC. This situation started as far back as 4 months ago, when NAWEC disconnected all the street taps in both towns. The people of Bansang and George Town draw drinking water from the river. According to sources, council owes NAWEC over 1 million which they said should be paid to NAWEC. When contacted the officer in charge of NAWEC confirmed the story but did not make comments and instead referred this reporter to Banjul for more information. River water is unhygienic for human consumption, and without tap water the people have no alternative but to fetch water from the river. However the local government authorities said negotiations are on the way to settle the arrears with NAWEC. They said the government owes the council more than what the council owes to NAWEC and indicated that this is beyond the council’s mandate. They indicated that Janjanbureh Area Council owes the smallest amount to NAWEC; they even indicated that arrangements were made for the department to pay the arrears through the ministry. The council authorities also blame the two communities for failing to pay their dues. They said the percentage the communities should contribute yearly has not been realized for years. The authorities went on to say that the tax collected from Janjanbureh alone could not sustain council’s two-month salaries. When contacted by this reporter to shed light on the issue affecting the people of the division especially water supply from NAWEC, the Local Government Officer (LGO) of Janjanbureh Area Council referred him to the authorities in Banjul, who according to the LGO were in a better position to clarify matters. However, insiders at the council told this reporter that they cannot concentrate only on Janjanbureh and Bansang water supply issue because there are many villages in CRD that also need the council’s attention. The source went on to say that those villages are not benefiting from any of the council’s development projects and they are also paying tax as others. The sources indicated that there are two villages in the Niaminas who want wells for their animals but the council cannot get funds. Saiba Darboe, the Alkalo of Bansang, blamed the communities for failing to pay their taxes to the council. He pointed out that Bansang alone owes the council over D35, 000.00 that is yet to be paid. In another development, more than D200, 000.00 is expected to be used to celebrate the 10th anniversary of the July 22nd takeover from divisional to district levels. Celebrations are taking place in Fulladu West and East, Niamina East and West, janjanbureh and Niamina Dankunku, but the people I spoke to in both towns indicated that the money to be used for these celebrations could have been paid to NAWEC to restore their water supplies. AT THE NATIONAL ASSEMBLY FOROYAA maintains that with knowledgeable National Assembly Members, coupled with a responsive and accountable executive, the people would truly become sovereign. The people need to know how their Representatives are performing. This column is reserved for National Assembly Proceedings and interviews with National Assembly Members. Sidia’s Contribution To Debate on The Amendment of the Local Government Act “The Executive Want To Promote Monarchy But That Is Impossible!!!” Says Sidia Mr. Speaker, we are here to enhance the independence for which we have fought for. If we failed to do that, then we will become traitors to those who have put us here. It is very clear and no one needs to talk. If one looks at the document, you know that we are really having retrogression. It has been said here over and over that when we think of amending a particular clause, the fundamental objective is to improve it and not to have retrogression. But in this amendment, we are abrogating the authority of the people and putting in that place, the authority of a person. How can that be considered in an Assembly of this nature? In this Assembly, we are supposed to uphold the sovereignty and authority of the people. Clause 6-paragraph © page 5, indicates that the tribunal is equated with the authority of the president! The tribunal is composed of individuals, judges who are entrusted with the responsibility of investigating the veracity or otherwise of accusation against the chairperson or mayor. Now, that thing is taken out and replaced by an individual who is not going to investigate but that somebody is just coming to report to him/her. Then he/she takes a decision and says take him/her out. This is not what we want! And this is not what decentralization and autonomy of local council means! You see, historically, this particular Act existed under colonial domination and the president of the First Republic used that authority once and dismissed everybody in Banjul City Council including the Mayor and in his place, he appointed an individual to take control of the whole Banjul City Council. And that is what we are advocating here. Don’t forget that we are an independent sovereign people and it is stipulated in section 1 of the constitution that, that sovereignty resides in the people and whoever exercises that sovereignty must do so in the name and on behalf of those people. Now we are abrogating to ourselves that sovereignty. We, whose duty is to defend that sovereignty are assuming that sovereignty ourselves and then abrogating the authority of the people. Mr. Speaker, the essence of decentralization is for the people to assume the responsibility of managing their affairs at their local level. When we were discussing the original Bill here, I said that it was even ridiculous for us to have agreed to say that the criteria for being a candidate or a member of that particular council you must speak English. This means that what the constitution has given the people with the right hand, we have taken away with the left hand because who speaks English at that level? And again, we are taking away from them what the constitution has already given them as quoted by the Minority Leader. Mr. Speaker, I am amazed that there is a want on the side of the executive to promote monarchism in the context of a sovereign republic, which is impossible! In words it may be, but in practice it is impossible. I know this amendment will be passed here but that’s one thing, and the sovereign will of the people will remain with them. And as long as we remain alive in this republic we will make it our duty to enlighten the people to assume their responsibility of managing their own affairs. That’s what we must do and not to come here and negate their sovereignty which is just entrusted to us. If you read the last bit of it, clause 17 you will notice, Mr. Speaker, that the secretary of state becomes so powerful that he/she can even go to the council and address them and tell them “what you are doing is wrong, you have to do this or else I close down the council.” You are talking of an elected institution like a council and an unelected person who is not even a member of that particular institution, can go to them by virtue of the fact that he/she is an SoS of that particular department and tell them, “Well I have realised that what you have been doing is incorrect, you have to change it and follow this, otherwise I will do this.” And if they don’t do that, he suspends the person or the whole team. What is the essence of electing them? Imagine the context in which a council is dominated by an opposition party. It is just simply nullifying it even where as there is nothing wrong. This is what the constitution foresees and made a provision as it is read here by Minority Leader. There is nothing more important; nothing that we will make here that supercedes the fundamental provision of the constitution. We must be mindful of the fact that any law we make here, which is in conflict with the constitution is null and void. That’s why they keep on bringing bills back to us. More that 50 heads together here critically look at bills and after that critical observation, they come back to us and say, “No, you have not properly used your heads.” We dealt with bills, how many of them have come back to us? About two so far and this one will also come back to us because no situation is permanent. Everything is in a state of motion. Everything is acting upon everything. That is one thing we should always bear in mind. That everything is acting upon everything. That every act in fact is also a reaction. Mr.. Speaker, it will become more interesting when we come to deal with it clause by clause because the butchering has gone so far that its only by examining the amendment clause by clause that we will be able to point out what is wrong and what we need to change again. Letters To The Editor To Speak The Whole Truth Burns Their Tongues The ultimate result of greed for power is mental malady which leads one to resort to all kinds of indecent acts which could bring even the highest office of a nation into disrepute which our constitution has warn against. The present leadership of dear Gambia has manifested these in both words and deeds. It has shown that it possessed multiple tongues in one mouth, which are capable of making conflicting statements on the same issue at different times and places. Its words are like fire and water to each other in most cases. Such a leadership is not fit to preside over the affairs of a sovereign people. One tongue tells the people that he is not a Mansa or a monarch, that he is a servant and a worker of the people and the other tells them that Allah has put him over them regardless of their wishes and will continue to rule them whether they like it or not; that he will deprive anyone of them of his/her share of what belongs to all, because according to him what belongs to all is now his own. Nobody does anything. Everything is done by him but this is only when it is good. Everything wrong is caused by the people. Yet another tongue tells them that if they did not vote for him he will not be able to bring development to them. The other tells them that whether they vote for him or not he will continue to rule and will bring development to them because he has faith and a clean heart. Whilst the other says no, he will not do that because even God Himself punishes some and rewards others depending on their relation to Him. One tongue tells them that they have prospered because of him and are even being envied by other nations who do ask for him to be given to them just for some months for him to develop their countries for them; that those people are still wondering how he has managed to better the lives of the Gambians to such an extent within a short period of ten years from 22nd July 1994; that they have clean water and electricity because of his generosity. “Yes I gave you good roads, hospitals and schools. The West is still wondering how I get the money, but I got it from Allah’s world bank.” I will make this country the most developed country in the next ten years. Yes we will build planes. The other tongue says yes you are suffering but that is not my fault. It is your own faults. You Gambians are so lazy. You are wicked to each other. You raise the prices of goods yourselves just to make people suffer. You don’t pay water and electricity bills, that is why you are not getting them continuously. But I will give water and electricity to all of you very soon. I will turn your country into a city-state. Right now I am not giving you 24 hours water and electricity because many of you illegally connects to the supply without my knowledge. That is why I have to disconnect your water and electricity and gave you frequent water shortage and electricity blackout and unless you or your area councils pay me this is how I am going to be treating you. But before it was the black cat getting into the generator and what not, that was why I have to take over the energy portfolio myself. I will mechanize agriculture in this country very soon that is why I bought hundreds of tractors for you. But no the tractors, cannot be free for you even though you complained of the charges as high. It is expensive to maintain the tractors. One fore wheel costs more than fifteen thousand dalasis. A bag of fertilizer you complained is expensive but now I have made it three hundred and fifty dalasis for you. One tongue tells the people that he is tolerant and not tribalist because he knows the consequences of inciting tribalism whilst the other tells them that there is no opposition here; that what we have here is tribalism and grudgery; that 98% of those who opposed his party are from one tribe who think they are the only owners of this country. The conflicting statements are coming from the same mouth. Believe me if you present this statements to a psychiatrist for his opinion do not expect to get any diagnose other than schizophrenia. They are the ones who will tell you that they can carry a mountain or would stand in the middle of the road and try to stop a running truck with their chest. Others may wonder about what is wrong with this head and how to put it to order but the Gambian people did not. They know that all illnesses have a cure. They know this illness and the cure they already have. You don’t see they have administered the start doses at Jarra West and Bakau by- elections. It is a gradual process. The last dose shall be given in 2006 when the course of treatment shall be completed and the illness cured forever. For now what should be noted is that inciting tribal hatred for political ends will not work in this country. Gambian people are above that level. They know that those who rely on inciting tribal hatred for their political ends uses the same old tactics of tyrants everywhere, which is divide and rule the ruin. Already we have an enlightened force in this country, which shall shatter any such evil designs against the people to keep them ignorant and poor. The earlier the leadership metamorphosis it’s multiple tongues into one that appreciates the truth the better. For all of us, for sooner than later the truth will prevail regardless of its wishes. F. Trawalley Baddibu Salikenni THE PAUL COMMISSION SoS Singhateh Testifying before Justice Paul’s Commission on Monday, Secretary of State Edward Singhateh testified that he owed fifty five thousand (D55, 000.00) to Jammeh Kunda Enterprise. SoS Singhateh said the loan is in respect of building materials he borrowed from the aforesaid outfit to beautify a plot of land at Kotu allocated to him by the state. SoS Singhateh said he has fourteen sheep and twenty-four goats. He noted that his monthly salary is in the range of eight to nine thousand dalasis. He said he has never applied for a piece of land for residential purpose. SoS Singhateh told the commission that he was discussing with President Jammeh in his office in 1995 about how land allocation has been before July 1994. He said it was during that discussion that he told the president how he has not been allocated land despite the fact that he had made several applications. He said it was during the course of the discussion that President Jammeh informed him that he has been allocated a plot of land at Kotu whilst he was at the gendarmerie. He said it was in the presence of Bala Garba Jahumpa that President Jammeh gave him the plot of land at Kotu. He said an embargo was placed on the allocation of land due to the land commission. He pointed out that at least five hundred thousand dalasis (D500, 000.00) has been spent on the construction of the incomplete building in his plot. He said President Jammeh has contributed financially towards the construction of the aforesaid building. However he did not state how much the president contributed. Continuing his testimony, SoS Singhateh pointed out that his wife’s father who is a contractor is building the house in his plot, noting that his in-law is giving him labour and financial assistance. Testifying further, SoS Singhateh pointed out that his wife Aji Sinyan has been allocated a piece of land in 2002. He said the Bijilo property has not been developed by his wife. SoS Singhateh said he together with his wife and brother have each acquired farmland in Memme measuring three to five hectres. He said he purchased barbed wire to fence his farm and his wife’s farm at Memme whilst his brother fenced his farm on is own. He said his farm at Memme is officially leased to him. SoS Singhateh testified that he has a plot of land at Basse Mansajang . He averred that the aforesaid property was given to him by the then commissioner of URD. He said he has not developed the said land. Continuing his testimony, the latter pointed out that he gave the Alkalo of Sitakoto five thousand to six thousand dalasis as compensation for the farmland the latter gave him. He said he does not have a title deed for the said farmland. He said he has planted cashew trees in his Sitakoto farm, and spent five thousand dalasis on implements for the area. He said he has not financially benefited from his farmlands. He added that none of his children has a plot of land and that no one is holding any property in trust for him. SoS Singhateh told the commission that he has a new DVD player costing £59, whilst noting that he has two TV sets and a video. He told the commission that his wife Aji Sinyan has to temporarily closed down a tailoring shop she operated at her family compound in Sam jack. He said Aji Sinyan got a loan from her sister in Atlanta to buy two second hand machines. He said Aji has to close the shop because it was operating at a loss. He said he spent fifty thousand dalasis on ornaments, jewelry for his wife and the painting of their house during the past ten years. He said he has been given two vehicles as gifts, whilst noting that he has never purchased a vehicle. He said the Nissan Terrano, which is currently being used by his brother, belongs to him (SoS Singhateh). Asked whether he has a property at the Golf Course in Fajara, SoS Singhateh responded in the negative. He testified that he has never assisted anybody to get contract from the government. He noted that he has travelled to over fifty countries, whilst stating that no imprest was given to him as Secretary of State. He told the commission that he spends the balance of his per-diem on his farm and school fees. He said he has no overseas account, whilst pointing out that he has no credit card. He said his son has an account at Trust Bank, but he did not say how much is in the account. He said he has an outstanding balance of twenty thousand dalasis that has to be settled. SoS Momodou Sallah For is part, the Secretary of State for Tourism and culture, SoS Momodou Yandeh Malleh Sallah said he was appointed Secretary of State on 22nd November 2002, whilst adding that between July 1994 to August 1995, he worked at the Assets Management and Recovery Corporation (AMRC) before overseeing a World Bank project. He testified that his monthly salary and allowance added together is in the range of eleven thousand and twelve thousand five hundred dalasis. He told the commission that he has not been allotted land by government nor has any member of his family been allotted land during the period under review. He told the commission that he has not got any property from the social security and housing finance corporation, nor has he purchased any property from TAF Holding. He added that he has not benefited from the properties handled by the Assets Management and Recovery Corporation. He pointed out that he has revoked several contracts during the period he has served as Secretary of State, but did not award contracts to any person or institution. SoS Sallah said he has a leasehold property at Kotu in the Tourism Development Area. He said part of his leased property has started generating rent income for him and hopes work on the other part of the property would finish soon. He said the said property is allocated to him by the Tourism Development Board. He testified that sixty thousand dollars is already spent on this project in addition to the funds he provided to his wife. He testified that he sold his wife’s property at Kanifing South to pay the debt he owed the Commercial and Development Bank and inherited by the AMRC. He said the loan was given to him by the Gambia Commercial and Development Bank and inherited by the AMRC. He said he applied for an ocean view at the Brufut heights, but was offered a rear view. He said his nephew Malleh Sallah paid three hundred and twenty-five thousand dalasis for him (SoS Sallah) to acquire his property. He said he has a debt of three hundred and twenty-five thousand dalasis owed to Malleh Sallah. He said Malleh Sallah also applied for a land at the Brufut heights and was offered rear view. SoS Sallah said his land at the Brufut heights has not been developed. SoS Sallah said he has no landed property in the name of his seedlings. He further testified that he has a farmland in Sukuta measuring 164 metres by 194 metres. He said he acquired the farmland eighteen years ago as a freehold, but leased it in 1996. He said he wanted to transfer ownership of this property to his sister. He said when he was appointed Minister in 2002, he assumed that the said transfer was finished and so he did not include it in his declaration. He said it was not long when he knew that the transfer was not finished and so he decided to re-possess it. He said he has not developed the said plot, but he had paid two thousand four hundred dalasis to the lands office for permission to erect a fence at the site. He said he has not generated any income from the land. He said he has two generators, one of which he purchased at a cost price of twenty-one thousand dalasis in 2003, and that he has purchased the other one in 1991 at a cost price of two thousand dalasis. He said he has donated fifteen thousand dalasis to APRC for the July 22nd celebration. He said he had disposed off his Pajero and Chevi. He told the commission that he had a foreign exchange account prior to becoming a Secretary of State, but he has to close it because his salary as secretary of State could not help him maintain the hundred thousand dollars minimum deposit required to sustain the account, and more over he was spending huge sums of money on his project. He told the commission that he earned one million two hundred thousand dalasis as rent from his project and that his family income for this year is one million three hundred thousand dalasis and a projected tax of eight hundred and ninety-nine thousand dalasis. Sulayman Mboob For his part, the Secretary of State for Agriculture, Sulayman Mboob, informed the commission that he has a compound in Ghana worth 7 million dalasis. He also told the commission that he owns a house in London worth six million dalasis. He said he has a farm in Banjulunding. He said he has not purchased any furniture since he became secretary of state whilst noting that he bought all his vehicles prior to his appointment as secretary of state. He pointed out that his wife is currently operating a shop at Kairaba Avenue. He said his wife has been in business for the past ten years. Secretary of state Mboob said that he has not deposited anything into his foreign account after his present appointment apart from his monthly emoluments from the UN. He pointed out that his foreign account has not been in the red since he assumed his present appointment. He noted that he had only one official trip after his appointment. According to him, the aforesaid trip was funded by the US government to the tune of 2000 dollars. He said he has not been involved in the awarding of government contracts. Sitting of 27th July, 2004 Hawa Sisay Sabally On Tuesday, Hawa Kuru Sisay Sabally appeared before the commission with her attorney, R. Mendy. In her testimony, she told the commission that the personnel management office and the ministry of justice has records of her monthly emoluments while she was solicitor general. She said she had no other source of income while she was at the ministry of justice. Sisay Sabally noted that she had applied for land but she had not been allotted land. She said she hasn’t bought any land. She pointed out that no one has given her land, whilst noting that she is expecting inheritance from her dad’s estate. When asked about her husband’s property, Sisay Sabally said that her husband has not given her permission to disclose his assets. She told the commission that she has not invested in any property, whilst noting that she is not involved in farming. She told the commission that she purchased her car in 1999 at a cost of about D250,000. She said she took the loan from the Arab Gambia Islamic Bank and she is still servicing the loan. She said the bank paid the cheque directly to CFAO the dealers of the car. Sisay Sabally told the commission that she has a savings account at the Standard Chartered Bank and current accounts at the Arab Gambia Islamic Bank, the Trust Bank and the First International Bank. She said she had made several overseas trips while she was serving as Attorney General. She said some of these trips were funded by the British Embassy, UNFPA and UNDP. She said she had never received imprest. She said documentary evidence of some of these trips could be found at the Department of State of Justice. She said on 17th February 1998, she and three of her colleagues wrote a letter to the Secretary General demanding their terminal benefits. She said she was paid part of her terminal benefits, whilst noting that government still owe her money. She said he did not help anybody to get a contract, whilst noting that the Ministry of Justice does not deal with contracts. She said she gave out handing over note when she was appointed Secretary of State, but she did not received handing over notes. She said she was unable to give out handing over notes because the security officers did not give her time to do so, and she was also eager to leave. In his testimony, the Secretary General, Office of the President, Mr. Alieu Ngum, said his monthly emolument, as an Ambassador in Riyadh and Brussels was Twenty-one thousand and Thirty Thousand Dalasis respectively. He said his annual emolument after he returned from diplomatic circle is One Hundred and Sixty Eight Thousand Dalasis. He said he holds Joint Shares with his wife at Standard Chartered Bank and Gambia National Insurance Corporation. However, he was quick to point out that they only received dividend from Standard Chartered. He said he had applied for a land more than five times, but since July 1994 to date he has not been allotted any plot. He said he acquired his Cape Point property in 1989, but finish development on the property in 1993. He said his wife’s compound in Kotu East is already developed. He said he purchased his lease plot in Manjai Kunda, but the plot has not been developed. He said his wife’s plot has not been developed, but the property in Bijilo has been fenced. He said he spent Fifty Thousand Dalasis to fence the plot at Bijilo. He said he purchased his vehicle in Belgium in 2002, and by virtue of his position at the time, the vehicle came duty free. He said he bought the vehicle from his savings and money from his wife. He said his Trust Bank Current and Savings Accounts existed before July 1994, whilst his Standard Chartered Bank Savings came into being in 2003. He said the joint Account with his wife started in 1995. He said he did not deposit anything into his foreign account since he ceased to be a diplomat. He said he once took government loan to buy a car, whilst noting that he has finished serving the debt. He said he is currently servicing a loan of One Hundred Thousand Dalasis, which he took from government in 1990. He said the loan is deducted directly from his salary. He pointed out that he has made official trips and was paid per diems. He said his four children are outside the Gambia and their Education is funded by their mother. He said he has not helped anybody to secure government contracts. He told the Commission that he is not a member of any tender board responsible for the awarding of contracts, but as Permanent Secretary at the Department of State for Finance, recommendations of the tender board passed through him before it reached the Secretary of State. He said he did not carry imprest on official trips. He said he had surcharged people when he was serving a Permanent Secretary. Focus On CEDAW The Initial, Second And Third Reports Of The Gambia Under the present article, a distinction is made between de facto and de jure discrimination. Considering the social and cultural set up of The Gambia, there may be instances where even though the law does not create or cause any impediment for women, the social and cultural environment may not be conducive for the achievement of equality. Here government is called upon to take positive steps to ensure genuine de facto equality. To illustrate this provision, let us consider the political participation of women in The Gambia. The laws of The Gambia do not have any provisions which hinder women’s participation in politics. However, the social set up in the Gambia is such that women are not encouraged to be in the forefront of politics, even though the bulk of the people who are eligible to vote are women. It is interesting to note that women would rather vote for men than other women. This however is explainable, traditionally; society views men as the natural leaders, while women are supposed to give support to their men in the background. It is an obligation on the Government to take positive steps to rectify the imbalance until such a time the general public would have achieved the required knowledge of gender awareness. Presently, there are only three females in the cabinet compared to ten men. Up to December 2001 there was only one nominated female member in the National Assembly out of forty-nine members. However since the recently concluded National Assembly Elections (January 2002) significant strides have been made in this respect. Three out of the five nominated members are women. This should be viewed as a temporary special measure being put in place to correct the present imbalance until such a time that the general populace acquires the requisite gender awareness. Despite this effort however, government realizes that more effort should be made towards educating the electorate and dismantling the traditional views and perceptions that militate against women’s effective participation in the political arena, thus the establishment of the National Council for Civic Education (Comment: What is the reality on the ground between intention and reality). Political parties will be encouraged to adopt some form of affirmative action or quota system whereby female members are selected to contest election. In 1996, the ruling party filed an only female candidate. In 2002, it filed three, the opposition (PDOIS) one and one independent, which was a positive growth even though minimal. For the first time in Gambian politics, five women were bold enough to contest for seats in the National Assembly. One was elected unopposed, two won and two lost to a male candidate. It is hoped that this development will signal the dawn of a new era in women’s political participation in The Gambia. Article 5: Action by government to modify cultural patterns that discriminate against women This article stipulates that state parties endeavour to help men and women to overcome predetermined, sexually stereotyped role behaviour and perceived concepts of inferiority or superiority of either sex. This is indeed the most difficult task for state parties as it presupposes the eradication of harmful traditional and cultural practices. This is an area that greatly affects the progress to equality and the full participation of women in society. It provides thus: “State parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are base on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women; (b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.” This is an area that has remained unchanged. The laws of The Gambia still recognize the application of customary law without any modification. Customary law is applicable in The Gambia by virtue of section 5 (1) of the law of England Application Act; Islamic Law is also applicable by both the Mohammedan Law (Recognition) Act and the District Tribunal Act. Paragraph (e) of section 7 of the 1997 constitution provides that “Customary law is part of the laws of The Gambia in so far as it concerns members of the community to which it applies.” There is indeed no doubt that in The Gambia there are many religions and traditional practices which are discriminatory against women. Some of them are not only discriminatory but are also harmful to the health of women. An example of such a traditional practice is that of female circumcision. This practice is discriminatory because it is traditionally believed that a circumcised woman offers most gratification to her husband than the one who is not. The health hazards associated with such a practice are tremendous. To date there is no legislation against such a practice. Apart from customary law, Islamic laws relating to marriage, divorce and inheritance, which governs the lives of over 90% of the population, are discriminatory against women. Attempts that have been made to alleviate the situation have so far remained futile. In 1987, the law reform commission prepared a comprehensive proposal relating to Muslims i.e. The Mohammedan Marriage formation and dissolution Bill, which was submitted to the Attorney General’s office for consideration, but to date no reaction has been made to it. This Bill contained several innovations, which were geared towards the improvement of the lives of Muslim women, but it seems that little or no attention has been paid to it. For instance, the Bill sought to codify the rights of women under Sharia Law so that they will be aware of their rights and entitlements during marriage and whilst going through a divorce process. The Women’s Bureau and other pressure groups have been advocating for the presentation of this Bill to the National Assembly. It is also important that the general population is enlightened on the provisions of the Bill, as it would seem that most of the opposition to the proposal is borne out of ignorance. Baba Jobe’s Properties In Jarra Are Also frozen Reports reaching Foroyaa intimated that properties of the former majority leader Baba K. Jobe were on last Saturday seized by state agents who went to his hometown in Jarra. According to reliable sources, the UN has ordered member states to freeze properties of those identified as associates of Charles Taylor, former president of Liberia among which Mr. Baba K. Jobe was mentioned. State security went to Jarra and ordered Baba Jobe’s family (mother and brothers) to vacate the compound at Karantaba, Jarra West. According to Fanding Jobe alias (Dada) out of the three buildings in that compound, only one is Baba Jobe’s building because that compound is a family compound. He said the other two belong to him, Fanding Jobe (Dada) and Ebrima Jobe. An inventory was taken of Mr. Jobe’s building and the Pajero that his mother was using was also taken. Bansang Hospital Gets New Executive One of the demands of the strikers in Bansang Hospital the replacement of the Chief Executive Dr. Musa Philly Jobarteh is said to have been met. The two days strike which was intended to get rid of the mal-administration of the hospital has now ended. The man tipped to place Dr. Jobarteh is said to be one Mr. Ngum, who is the PRO of RVTH. This is yet to be officially confirmed. According to a representative of the strikers, they had a meeting with the SoS for Health Dr. Yankuba Gassama and the Deputy Permanent Secretary for Health. They said that the SoS appealed to them to extend the two weeks ultimatum date to Monday 2nd August when the new chief Executive will take over from the present one. They however told this reporter that all their concerns are now ‘85% solved’, but further indicated that from Monday 2nd August 2004, if no new Chief Executive is at work, the strike will continue. According to a spokesperson of the strikers, Mr. Sheriff Badjie, the SoS also pointed out that his mission to the hospital was a peaceful one and for the interest of both parties and staff of the hospital. Regarding the accountant, they said that the SoS told them that he would be demoted to grade 7 because he was given rapid promotion. They also indicated that a principal accountant will be appointed. According to them, the SoS told them that 4 gardeners were employed in the hospital when there was no garden in the hospital and all those names were on the pay roll of the hospital. Sources told me that the doctor to replace Dr. Jobarteh is expected in Bansang on Friday for handing over and Monday on 2nd August he will be in office. Lack Of Drainage Threaten The Serrekunda-Mandinaba Highway Foroyaa indicated earlier that there is need for strategic planning in road construction which goes along with the building of a drainage system where needed, to avoid the blockage of waterways which causes threats to highways. During the rains on Sunday, the Serrekunda-Mandinaba Highway, which is under construction, had suffered serious damage as the water struggled to find its ay to the pond at Lamin Village. Foroyaa got in touch with the Director of Technical services, Mr. Mustapha Leigh who acknowledged the need for drainage particularly at that point. Mr. Leigh pointed out that nature has dictated the need for drainage without which the highway will be sacrificed. He asserted that the expert Mr. Studi is already in town and work on the drainage is already in progress. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l To contact the List Management, please send an e-mail to: [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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~