Public Agenda (Accra)

Gambia: No Hiding Place for Yahya Jammeh Over Human Rights Abuses

Ama Achiaa Amankwah & Megan Gex

27 July 2009

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Accra — Human rights activists have called on government to show more commitment to seek justice for the 44 Ghanaians who were allegedly killed in The Gambia.

They are disappointed that the bilateral agreements were concluded by the Ghana and The Gambia governments without recourse to the families of the victims.

"It is a travesty of justice that of all the 44 Ghanaians, whose names the UN-ECOWAS team established were duly recorded in Gambian police stations, only six have been acknowledged by both governments to deserve compensation and disregarding the only known Ghanaian survivor who has until to date received no assistance from government," stated Nana Oye Lithur, Regional Coordinator of Commonwealth Human Rights Initiative (CHRI).

Speaking at a forum in Accra, Nana Oye lamented that without any consultation with interested civil society groups or the families of the victims, the government went ahead to make conclusions with the Gambian government.

The forum was under the auspices of the Media Foundation for West Africa (MFWA), CHRI and Amnesty International to throw the searchlight on the human rights situation and deteriorating freedom of expression in the Gambia, on the occasion of the country's freedom day -July 22, 2009.

The memorandum of understanding signed between the Ghana and Gambia governments during a ministerial meeting on the Report of the Joint UN-ECOWAS fact finding mission in Sirte, Libya, on 2nd July, 2009, concluded that the Gambian government is not directly or indirectly implicit in the deaths or disappearances of the Ghanaians, but nevertheless, it agreed to make contributions to the families of the Ghanaians found dead in its territory in conformity with African traditional values.

The Gambian government also pledged to pursue all available means to arrest and prosecute all those involved in the deaths and disappearances of the Ghanaians concerned and ECOWAS citizens.

According to Nana Oye, the CHRI began further investigation into the arrest and reported murders of the 44 Ghanaians in 2006, by officially filing a complaint with the African Commission on Human and People's Rights and also the United Nations Human Rights Council.

Subsequently, she noted that an expert fact finding committee which was set up to investigate the incident on 14th August, 2008, finalized its investigations and submitted its final report to the UN and ECOWAS on 3rd April, 2009, and was then submitted to respective government during a meeting in Abuja on May 11, 2009.

"The panel however concluded that the government of The Gambia is responsible for the protection of the human rights of all persons in its territory, and therefore liable for the incident, regardless of whether the violations were committed de jure or de facto. This means that The Gambia government was not entirely exonerated from being held accountable for whatever happened to the victims," she emphasized.

She was disappointed that numerous attempts by CHRI to contact the Ministry of Foreign Affairs to make the report public have not yielded results.

Nana Oye reiterated that the details of the report will contribute immensely in aiding the relatives through their healing process as they mourn the loss of their loved ones.

Lithur stated that CHRI will take legal action if the report is not issued to the public. "The Gambia threatens the rest of West Africa," said Lithur. "We need to prosecute the perpetrators and protect fundamental human rights inside and out."

In recognition of The Gambia's Freedom Day, the Media Foundation of West Africa (MFWA) held a public forum to discuss the atrocities President Yahya Hammen has inflicted inside his country, at the Ghana International Press Center on Wednesday.

Together with the Commonwealth Human Rights Initiative, the Ghana Chapter of Amnesty International and the Ghana Journalist Association, the MFWA commemorated the Yahya's violent past and discussed the current brutality The Gambia government has instigated not only on its citizens, but the entirety of West Africa.

Since coming to power during the 1994 coup that overthrew one of Africa's oldest multi-party democracies, President Yahya Jammeh has been outspoken against independent media. Through unlawful interrogation, detention and deportation tactics, his regime has concurred The Gambia's journalists, reducing them to near silence. More than 27 journalists have fled The Gambia since his occupation.

While covering a student demonstration in 2000, Gambian journalist Omar Barrow of Sud FM was shot and killed by security agents. Deyda Hydara, a journalist known for being critical of his government, was killed on his route home. Two colleagues who accompanied him home were also shot in the legs. Chief Ebrima Manneh of the Daily Observer continues to be detained in Gambia, despite the ECOWAS Community Court of Justice's ruling for him to be released in 2006.

The Independent's former editor Musa Daidykhan claims he was tortured by the National Intelligence Agency (NIA) in The Gambia in 2006 and is still awaiting trial. In June of this year, seven journalists were apprehended and sent to court for sedition. They are held on account of accusing the government of participating in the murder of Hydara.

Yahya's administration has inflicted fear beyond the county's media sector. Over 1,000 Gambians have been taken from their villages by "witch doctors" in accordance with the government. Yahya became increasingly superstitious after the recent death of his aunt, and began a nationwide "witch hunting" campaign.

In March, Amnesty International reported 300 civilians kidnapped from Foni Kansala, a district near Kanilai. Amnesty International claims witnesses saw "witch doctors" accompanied by police and the NIA who forced citizens out of their homes and into detention centers. They were forced to drink hallucinate substances and often beaten into submission.

Two were reported to have died due to kidney failure from the substance that caused uncontrollable vomiting and defecation. The "witch hunting" campaigns have continued to occur across The Gambia. Secretary General of the People's Democratic Organization of Independence and Socialism and coordinator of the National Alliance for Democracy and Development, Halifa Sallah has been a prominent critic of the government. He is being held for sedition at the Mile II Central Prison in Gambia for his articles on the "witch hunts" in the Foroyya newspaper.

Outsiders to The Gambia have been subjected to torture and unlawful seizure. In 2005, 44 Ghanaians were arrested and allegedly killed by Gambian officials. Recently, six bodies were found, igniting an effort to resolve the murders. ECOWAS and the United Nations investigated the crimes, and in May of this year "rogue" NIA soldiers were claimed responsible for the killings.

The UN held The Gambia's government liable for the crime, insisting they were liable for protecting the human rights of all citizens inside their territory. However in July President Mills came to an understanding with President Yahya, claiming the government was innocent in the murders, but insisted they make contributions to the families of the six victims who had been discovered, despite the identification of all 44 by the UN.

Gambian journalist, Suwaibou Touray of the Foroyaa newspaper, spoke on the atrocities inside his country during the forum. Through systematic and deliberate harassment and detention, his government is subjecting the public to fear and insecurity. Yahya controls every part of society, and many believe he can never be defeated in office. He has the power to dismiss the Chief Justice, and dissolve governmental positions at will.

NIA soldiers are reluctant to speak to the public about their conduct, in fear of losing their station, or even their lives. "If you refuse to go with the government, they will not recognize you. Everybody fears," said Touray "We cannot go on hiding because we are just playing into their hands. What we need is solidarity like we are receiving tonight," he said. "We need the leaders of Sub-Saharan Africa to put pressure on our government."

Ugonna Duru, legal officer for the MFWA, also discussed her view of the situation after a legal defense mission to The Gambia. "The atmosphere of fear is real," Duru said. "We need a campaign for The Gambia." She discussed the injustice in the judicial system, and the bias nature of the officials. "It is too easy for the government to dismiss trials, they have a systematic way of overthrowing rulings," she said. During the MFWA's legal defense mission, Duru noted that The Gambia's American Ambassador and the United Kingdom's High Commissioner were present and speaking on behalf of the accused. No African diplomat was present, and the forum discussed the urgency for more political involvement by African officials inside The Gambia.

Chairman, Kofi Asamoah, stated that the journalists of Ghana have a responsibility to report on the atrocities inside The Gambia. The panel urged the Ghanaian government to seek resolution in the case of the missing Ghanaians, and to pursue justice for their families. The CHRI will continue to seek out the official report, and bring recommendations to the public on how to resolve issues of injustice.

Amnesty International called on The African Union and ECOWAS to force The Gambian government to employ the African Commission on Human and People's Rights recommendations to investigate all accusations of torture and detention. They also pled for The Gambian government to abide by the basic human rights outlined in the African Charter to secure liability for transgression.

The panel asked the Ghanaian public to urge their leaders to put pressure on The Gambian government to comply with human right laws. Yahya's acts of tyranny have subjected all of West Africa to the dangers of human rights violations and action needs to be taken, according to the panel