Draft Concept Paper Moving-Forward Together – The People’s Movement for Democratic Gambia July 06, 2011 Brighton, MI Table of Content …………………………………………… Pages National Anthem of The Republic of Gambia ……………………………. 3 Famous Quotes ……………………………………………………………. 4 Preamble …………………………………………………………………. . 5 Operating Environment …………………………………………………… 5 Lessons learn of the Past ………………………………………………….. 9 The Fundamentals ……………………………………………………….. 10 i. Republican Constitution …………………………………….. 11 ii. Rue of Law ………………………………………………….. 11 iii. Equality Before the Law …………………………………….. 11 iv. Due Process of the Law ………………………………...…… 11 v. Freedom of Expression and Association ……………………. 11 vi. Free Press …………………………………………………… 11 vii. Decentralization …………………………………………….. 12 The Fix ……………………………………………………………….…. 12 Work for The People’s Movement for Democratic Gambia ………...…. 13 Miscellaneous i. Contact ……………………………………………………... 15 ii. Authors Note …………………….…………………………. 15 National Anthem of The Republic of The Gambia For The Gambia, our homeland We strive and work and pray, That all may live in unity, Freedom and peace each day. Let justice guide our actions Towards the common good, And join our diverse peoples To prove man’s brotherhood. We pledge our firm allegiance, Our promise we renew; Keep us, great God of nations, To The Gambia ever true. Famous Quotes – Thought Provoking “The very essence of leadership is that you have to have vision. You can’t blow an uncertain trumpet” - Theodore Hesburgh “If everyone is thinking alike, then somebody isn’t thinking” - George Patton “Great spirits have always encountered violent opposition from mediocre minds” - Albert Einstein “Alice said, would you please tell me which way to go from here?” The cat said, That depends on where you want to get to” - Lewis Carroll “Tomorrow always arrives. It is always different. And even the mightiest country is in trouble if it has not worked on the future. Being surprised by what happens is a risk that even the largest and richest country cannot afford, and even the smallest country need not run” - Peter Drucker “Planning. Doing things today to make us better tomorrow. Because the future belongs to those who make the hard decisions today” - Eaton Corporation “Where liberty dwells, there is my country” – Benjamin Franklin “Liberty, when it begins to take root, is a plant of rapid growth” – George Washington “The price of liberty is eternal vigilance” – Thomas Jefferson “Those who deny freedom to others deserve it not to themselves; and, under the rule of a just God, cannot long retain it” – Abraham Lincoln Preamble Gambia is a Republic, officially named The Republic of The Gambia. Being a republic means power resides with the people. Furthermore this means we’re the government. This power is amplified in The 1997 Constitution - Section 1 subsection (2) of the Constitution of The Republic of The Gambia state’, “The sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this constitution”. As unambiguous as this constitutional provision may be, governance in The Gambia is anything but government of the people, by the people and for the people. Our representatives have and continued to take advantage of the bad laws and underdeveloped democratic institutions to become the powerful instead of making good laws, develop impartial law enforcement regimes, develop democratic institutions and decentralize democratic governance. We the citizens of The Gambia and our friends in support of this cause recognized this is not only contrary to the basic tenant of a republic but also an impediment to our self-esteem, self-reliance, personal responsibility, development, prosperity and life to live. We hereon organized to mobilize our knowledge, efforts and resources to make Gambia a true secular democracy. We shall engage The People of Gambia, The Government of The Gambia, Civil Society Organizations and The International Community on the problems beholding our path to democracy. We shall advocate internationally through multilateral and bilateral institutions to deny/tie certain aids and development initiatives to basic reforms that are measurable by predetermined set of indicators. Our areas of focus will be shared with the international community both to seek funding, moral and technical support. These focuses are the basic “Fundamentals of Republican Democracy and we have them to be – Republican Constitution, Rule of Law, Equality Before the Law, Due Process of Law, Freedom of Expression and Association, Free Press, Protection of Civil Liberties and Decentralization. Operating Environment The Gambia gained independence from the negotiating efforts of very distinguishes people. Sadly, the efforts of these distinguish personalities were purposefully buried, kept out of school curriculums and civic education forum to artificially create political indispensability of those currently in power as if we’ve no history to cherish, to learn from and to share with the next generations of Gambians. This generation of earlier statesmen impressively left behind a participatory democracy where each has a say at the table and have settled for proportional representation. This was before the ”Windely Constitution” that recognizes universal suffrage for the people of the protectorates that produced the majority rule of Former President Alhagi Sir Dawda Kairaba Jawara and his rural support base. President Jawara negotiated a Republican Constitution that was granted in 1970 to reside power with The People of The Gambia further away from the British Monarchy, who happened to be the ceremonial head of the Commonwealth Family. Instead of making good democratic laws, develop democratic institutions and decentralize governance and authority, President Jawara used his Party’s Parliamentary majority to station every power/authority imaginable in and around The Office of The President of Gambia. In addition he has on occasions usurp powers/authorities not lawfully under his office. Furthermore, he never separates public resources with his political apparatus and uses such public resources as a wedge against political opponents. This has resulted to political stagnation, underdevelopment of Democratic Institutions, almost none existence basic social services and failures to protect the basic freedoms and civil liberties of citizens. On the other hand it produces pseudo-peace that we were seemingly contented with and patronage (“Yaayi Kompins”) politics. Hence: • Political Opposition Unattractive Venture – government label them enemies of state, jealous individuals, disgruntled and detractors, etc. • Alternative views were/are suppressed unconstitutionally, undemocratically and unethically • Looting and Self Endowment with Public Resources became a way of life by Public Officials – this left the country’s infrastructure and social services none existent • Jawara was paraded by political sycophants, then known as Propaganda Secretaries as a Provider and not a Servant in custody of our taxes – Ebrima K Sarr once referred to him as God sent Jesus Christ (savior and salvation) to The People of The Gambia • Jawara cannot be removed by ballot became a universally accepted norm among Gambians – Note that Gambia failed to maintained a citizen register to provide a legal prove of citizenship, no death register to know those who passed away, no legal identification of citizens (considering names are insufficient for legal purposes), no national identity card register, no health statistics, etc. Failures in maintaining basic social data means no guarantee that registered voters are qualified Gambians or not. • Divisional Commissioner’s are political appointees of The President and they serve as his Returning Officers of Elections that he (Jawara) was a candidate • Failed to decentralize governance and authority to the Divisions • No serious legislature capable of making basic laws expected of a republic – instead they focus efforts on making laws that create an Undeclared Supreme Leader/Undeclared Life President in the person of Jawara • Our cultures of personal responsibilities and common virtues of decency over time was transformed into sycophancy, mediocre, deception, lying, stealing, adultery/promiscuity, etc. or you name what • Our people have become poorer than February 18, 1965 when we gained independence from British Colonial Administration. We are sicker with a life expectancy of less than 50 years of age for an average male Gambian. By the 1990s prostitution has become a source of feeding families with women indulging into several male-labeled boyfriends for financial gains and an increasing trend of sex for money all along the coastal lines. This compared to earlier times when almost always certainly every sex worker in Gambia must be a foreign national is a disturbing moral and health trend. • Opinion leaders and/or religious groups such as Supreme Islamic Council paraded one-sided truth and/or keep quiet or simply look the other way - Supreme Islamic Council made a statement after the “April 11, 2000 Student Demonstration” that “Children of Gambia are Rude/Indiscipline…and wanted parents to be held accountable for the demonstration” that show 14 students gun down my members of the nation’s security forces for demonstrations seeking answers for the alleged beating to death of one of their colleague, namely, Ebrima Barry by men of Brikama Fire and Ambulance Services and a rape incident involving a 13-year Basse school girl allegedly by an Officer of the Paramilitary Invention Force • The “Educated-Class” adopted the join the “Clique Strategy” - this produced syndication and institutionalization of corruption There is a famous saying – “History Repeats Itself” “Those who do not learn from history are doomed to repeat it” - George Santayana (1863 – 1952) In July 1994 the military staged a coup and instituted an Armed Forces Provisional Ruling Council (AFPRC) to rule The Gambia. Party politics temporary suspended and allowed to resume two years later. The only First Republic party allowed to participate was People’s Democratic Organization for Independence and Socialism (PDOIS). Gambians regrouped into new political parties such as Alliance for Patriotic Reorientation and Construction (APRC) – an off-shoot of the military ruling council, National Reconciliation Party (NRP), United Democratic Party (UDP) and later National Democratic Action Movement (NDAM), National Alliance for Democracy and Development (NADD) and Gambia Party for Development and Progress (GPDP). Before the second general election after the coup the ban was lifted on the remaining banned parties, namely, People’s Progressive Party (PPP), National Convention Party (NCP) and Gambia People’s Party (GPP) and they’ve since been participating as a party and/or individuals. Ironically elections in The Second Republic are governed by a Military Electoral Decree imposed by A(F)PRC who is also a contestant. What is even more disturbing is a republic and decree(s) cannot co-mingle. In a republic people are the power and they make the laws and a decree is an imposition of a dictator/king or an illegally powerful someone. The opposition political parties tried to present a single General Election Candidate against APRC at the 2001 elections. This was against the backdrop of a Constitutional Amendment that eliminated the second round election provision to anchor winning on simple majority. A political union to improve support and/or win over those on the fence is good but the constitutional amendment as a reason is flawed – there was no elections in Gambia in recent times that the total votes pulled by opposition parties added together is up to 50%. Hence presenting a single candidate is not an assured winner. Above all, even if they succeeded to pull up a win, there is no guarantee that person will not abuse the underdeveloped democratic institutions, as it was the case in both Jawara’s and Yahya’s administrations. NADD fell apart under its own weight well before the elections partly because of the cumbersome Memorandum of Understanding (MoU), the insincerity of some members and failure to acknowledge the reality of the basis of any political union – that is coalesce around the bigger member of the group. The leftover skeletal NADD only secured about 7% of the declared result by the so-called Independent Electoral Commission (IEC). The results of the breakaway factions were anything but desired. Gambians has since continued to hope political parties are the solution to our problems with some individuals/groups still putting in efforts to secure some party alliance. In as much as elections are important tool in a democracy the environment does not exist in Gambia for it to produce any free and fair result. Over the years the International Elections Observers gave Gambian elections a mixed verdict. The problem though, with these teams at our part of the world seems to take comfort from a no outright street fighting and vandalism. To draw favorable conclusions based on people lining up early at polling stations, casting votes and wait for results peacefully is no true measure of free and fair at least in The Gambia. We’re naturally peacefully people and under ordinary circumstances an average Gambian would not fight and/or generate a public disorder for a political party/leader. Any of such happenings are almost always created by those in position of power/authority and/or financially gaining in that party. To determine Gambian elections free, fair and/or otherwise one would have to look at the laws governing laws, the operational environment of IEC, the registration, the campaign structure and media control. It is also very important to note how the ruling parties induced and/or intimidated everyday Gambians with taxpayer resources. The totality of these issues has rendered our elections unfair by any decent measure except those made by fellow dictators or power hungry individuals. Beyond elections and party politics, A(F)PRC has approached governance with heavy-handedness, intolerance and as well total disregard to their own laws. Since coming to power people were killed by supposed arm-bandits, some disappeared under mysterious circumstances, other killed by members of the National Army/Security Forces and these cases are yet to be solve. Some political opponents were kidnapped under the cover of nights and/or their houses set on fire reportedly by operatives of the ruling party. True or false none of such incidences have been legally solved. Gambians are fired from their jobs, rehired at some instances, arrested, detained and tortured for as minor as saying “End Dictatorship In Gambia”. In fact some of such cases ended up at court as a treasonable offence. Corruption which was said to be the motivating reason for overthrowing the Jawara administration is at all time high including funds from foreign sources in the name of Gambia been diverted into personal foreign bank accounts. The proceeds of crude oil lifting concession offered to ECOWAS nations by Nigeria is no longer talk about and/or reported in annual plans and budgets after a rancorous Commissions of Enquiries that embarrasses officials involved in the Jawara administration. Law enforcement continued to be selective and partisan motivated while courts and legal administration are bad to say the least. The government has disregard court orders on numerous occasions. Our constitutionally protected rights and civil liberties have continually been abused. Above all Yahya is using chiefs and some other so-called influential figures campaigning to turn a republic into a kingdom which they have no legal instrument to effect such a change. Lessons learn of the past i. Party politics supposed to be alternative governments in waiting – instead of developing to actualize the full potential of multi-party democracy both governments of Jawara and Yahya used it to divide us and portrait multi-party democracy unpatriotic and/or illegal ii. The Gambia is a republic – even Yahya led administration crafted 1997 Constitution carried that on section one – this means people are the power, people are the government and people have protected rights and liberties iii. Gambians have demonstrated tolerance and diversity throughout our history – with a decentralized government, democracy has a very promising chance to succeed in a region hardly recognized by democracy iv. Greed and wanting has infiltrated every fiber of our society/public life that erodes personal responsibility, moral decency, simple fairness and left questions unanswered how truly religious, moral and virtuous people we are v. Both governments failed to make History of The Gambia a core subject in the school curriculum and Civic Education to cultivate sense of civic responsibility, duty, purpose, national identity, citizenship and democracy vi. Both governments have ignored and acted beyond constitutional limits - government violation of laws she is supposed enforce and disregard court orders is a recipe of chaos and anarchy vii. Gambians are denied of their Civil liberties, Rights and Freedom to Associate or Express viii. Basic Social Data for good management is none existence after 46 years of nationhood ix. Centralized power/authority has stalled democratization x. In a multi cultural and multi religious nation like ours laws are the common denominator that should impartially regulate our relations and public life xi. Media independence and freedom is completely stifled with bad laws enacted by the APRC majority led National Assembly and threats of arrests and incommunicado imprisonment – the unsolved case involving Ebrima Manneh is a good reminder With these experiences of the past in hand, we assigned ourselves to embark on political works that will help Gambia become a true democratic nation where each individual has the same opportunities to live the fullest potential of the life they so choose. We recognized there maybe no quick fix to any of our problems, but with renewed dedication, collective commitment, persistence, resources and time we will start to turn around a dream that has eluded us since the dawn of nationhood. We shall focus our efforts on to the “fundamentals of democracy”. The Fundamentals Republic Constitution – the 1997 Constitution is very deficient to meet the legal frame required in a republican democracy. Not only did it contain decrees and indemnification provision to protect certain individuals amongst us but it’s also a mixture of constitutional law, criminal codes, administrative regulations and policies. In part this made governing difficult without amendments at every other National Assembly seating. We need a better constitution and we’ll demand for one that recognizes power in a republic resides with the people and establishes a decentralized governance arrangement with commiserating authorities and accountabilities Rule of Law - enforcement is anything but desired. The government has ignored to stay within the legal limits with impunity. People in higher places and their relatives/friends get away with corruption and other violations of the law. There are dozens of capital crimes unsolved because of either government complicity to the crimes or deliberate lack of effort. Democracy requires laws common to all be applied for simple social fairness/justice and order. We shall therefore demand for impartial law enforcement regime. Equality Before the Law – this is to say every Gambian or persons in Gambia be treated the same at law. Any 2 people before the law for the same reason should have the same treatment and one that is in accordance with law. Due Process of the Law – an idea that government shall not deprive person’s rights without fair proceedings. It resides on the notion “innocent until proven guilty” at a court of law and the burden of proves lies squarely on government. Up till today we’ve a security forces and law enforcement agents who assumed they’re the law, they arrest and detain without appropriate processes, pass judgments of guilty before reaching court and sentenced their preys usually beating them up and/or subject them to other inhumane tortures. Freedom of Expression and Association – this is a political concept and it originate to protect political freedom in a democracy. That is government shall not restrict our free will to make political expressions and associations. This is not about what one may share with spouse or parents inside the family. Free expression and association has been seriously restricted with many laws such as campaign period regulations. We should and will engage in politics and any other national matter at our own choosing of time, place, method and agenda. The requisition and issuance of a permit for public events is not intended for government to restrict and/or otherwise base on what they like or not. The permitting system is public protection tools to inform law enforcement were people are, what time and what purpose so they can be ready for any eventualities. Instead governments have repeatedly used laws/regulations to stop people they consider to be opponents and/or perceived enemies. Free Press – according press the protection is to enable political information free flow. The laws governing print and new media are restricting their ability to be an impartial steward of undiluted timely information. Other overburden laws are ones that makes establishing and operating an independent media almost impossible. Press, news and information dissemination is neither a function of a democratic government nor those government involvement accord better public awareness and undoubtedly bring about unfair competitive environment for private and independent investors. Decentralization – democracy works within set of defined structures and authorities. It was expected that the structures, laws and institutions handed to Gambia Government at independence will be elaborated to institutionalize democracy across the face of our nation. Instead the governments have dwelled on long tenures marred with encroachments and restrictions on civil liberties and centralization of power and authority at all cost. For Gambia to develop a well functioning democracy it will require re-defined structures and roles that go along with authority and accountability. The size, scope and authority of Banjul Central Government shall be redefined and measured against authority to be move down to the regions. Similarly the functions and authorities of each arm of government (Executive, Legislative and Judicial Branches) shall be clearly spell out with well develop checks-and-balances mechanisms to avoid been hijack. Outside anything necessary for centralized oversight such as national defense, foreign relations, etc. will be drop down to the regions as people are better suited to manage their own affairs and that will become our incubators of a fully functioning democracy. They will have defined structures, roles, responsibilities, authorities and will held accountable to their actions. Decentralization will not only balance out power and authority but also enhance our efforts to get social services out to our people in a more efficient and effective manners. It will also naturally reduce waste, fraud and abuse endemic to the current set-up and with renewed proactive accountabilities; we shall knock corruption down to a bare minimum. The collection of social data shall be easier, accurate and timely. Hence, informed decision-making based shall address needs as opposed to some fancy wants based on someone’s notion of development. Such a functioning structures shall be privilege to see quickly what is working and what not to be able to craft a timely solutions and improvements. Our people in all regions shall begin to see their tax money at work on things that makes a difference to their livelihoods as opposed to someone’s imaginary promises to a poor hunger stricken beggars. The Fix The earlier efforts focused on political parties to effect change at the ballot and hoping if our candidates get to office s/he will correct what was wrong. We’ve not succeeded in this approach partly because the legal environment, law enforcement regimes and underdeveloped democratic institutions are inadequate to lend itself to a free and fair electoral process. There is also the possibility that even if our candidates won, s/he can take advantage of the weak legal regimes and underdeveloped democratic institutions to amassed and centralized as much power to make him/her a life-president/king. In short elections are a very important democratic tool to determine the will of the people but we lack the necessary ingredient for ours to reflect the true will of the people, at least up to now. On the other hand politicians especially the ruling parties have succeeded in dividing us and made it difficult to even rally on things that serve our common interest. The solutions to our problems are people owning up to power and be able to exercise such power at will at all time. What is likely to command the respect and support of Gambians is a Non-Partisan Political Civil Society Organization that will work with all stakeholders to demand for the basic fundamentals of democracy. This is The People’s Movement for Democratic Gambia, herein referred to – The Organization. A look at the problems as stated above revealed the stakeholders are the people with whom power resides, the government – the people’s representatives and other civil society organization such as Bar Association, Non-Governmental Organizations and the International Community. A registered organization is necessary for a legal recognition as an accountable political player, ability to organize/mobilize people around issues and have the credibility to raise funds to run the business of the organization. Work for The People’s Movement for Democratic Gambia Step 1: Identify people in all Regions of The Gambia committed to the Concept of “People/Citizen Power” in a “Republican Democracy” with government powers limited to the dictates of The Constitution Step 2: These people will Lead, Teach and Organize on “People/Citizen Power Step 3: Establish a Chapter of The Organization at every Region of The Gambia and appropriately register in accordance with the law Step 4: Raise funds to finance all activities of the Organization and pay all full time Operatives within Gambia a monthly wage commensurate to their function Step 5: Establish dialogue/partnership with Government on our Vision, Mission and Agenda of the Organization Step 6: Establish dialogue/partnership with the People, Political Parties and Civil Society Organizations – discuss our Vision, Mission and what we envision as their role Step 7: Communicate our existence to all Foreign Missions in The Gambia – Our Charter, Vision, Mission and Modus Operandi Step 8: Develop a working relation with the People, Government, Political Parties and Civil Society Organization such as The Bar Association, Non Governmental Organizations with Rights-Based Programs by a way of a “Plan of Action” Step 9: Conduct grassroots sensitization and education forums with Regional Chapters – on mobilization of People/Citizen Power for a bottom-up demand Step 10: Explore our socio-cultural and socio–economic dynamics to create awareness on simple fairness and equality as people Step 11: Establish the Head Quarter of the Organization in the USA and Chapters in major European nations – to raise funds and create awareness inside those nations on the plight of Gambia Step 12: Diplomacy – to create International Awareness and Concern. To attract funds and increase pressure points for a speedy adoption of The Fundamentals of Democracy. Step 13: Change of focus at maturity – from seeking Democracy to Maintenance of Democracy, Protection of our Freedoms, Protection of Civil Liberties and Our Fundamental Human Rights – the Organization shall engage impeccable Human Right Lawyers both at Para-Legal Clinics and in the defense of our people at court. Contact: Facilitator Burama FL Jammeh [log in to unmask] [log in to unmask] [log in to unmask] 810 844 6040 Author’s Note The Article of Organization is currently being developed based on this concept. Upon public debate and agreement on the concept we shall share, debate and agree on the article of organization for appropriate registrations. ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤