Kejau

Your case is solid - that’s as far as legality is concern.

UDP has constitutional rights to propagate their views all across the land with all legal accommodation. That hasn’t been the case. And the same or similar is true for all the parties (maybe with varying degrees).

My point now:-

If UDP (or any other party either individually or collectively) can’t huddle over that basic obstruction - why do they continue to insist that some formula exist to win elections against Yahya so long the current set up remain?

I have never been for public disobedient as weak as we currently are. One reason I will not be there so I can’t be a good advocate. More importantly though  those affected in any way will not find help coming their way soon. That’s a fact - how many are currently jailed or detained for politics and we couldn’t do nothing besides filing court cases that are thrown on our faces. The idea that we file complaint or lawsuit at court has limitations…..I wanted (or thought that’s better) organized and mobilized actions to develop the potential for an Organic Public Actions that can be deliberately processed to their natural end come rain, snow, shine, etc. Sure this is a time consuming process but the current efforts already burnt 20 years without counting efforts against Jawara.

So for me, you and everyone else - why do we continue to beaker on who is the next collective candidate rather than how do we fix bad laws, bad enforcements, bad electioneering, etc. 

Who should be the next president shouldn’t be our collective agenda in my view - what’s wrong if I want to be it and you want someone else or yourself. We’re engaged on the wrong front.

Am also not comfort with the view that some individual or group of individuals will take us to the dreamland. History shows otherwise! Without an appreciate political environment the next president will be another dictator regardless where he comes from (military, current know politicians, those yet to appear). The degree of such dictatorship I can’t be sure

Creating a democratic force that builds leverage that eventually ensures democratic conditions is more organic.

Again your case is on firm legal ground except that legal environment doesn’t exist in Banjul. Good you remind us with the citations and even great if we move to look at what we could do make it happen.

Regards

Burama

 
On Sep 2, 2014, at 7:32 AM, kejau <[log in to unmask]> wrote:

Thanks Burama. 

I agree but to be certain the UDP is not seen as anarchist,  legal declarations must be sought first and only then can we asvocate anyone to take to the streets. It has been proven in many cases including the ones outlined here that in fact no reasonable judge will give power to these criminals in power. 

KR
Kejau


Sent from Samsung Mobile


-------- Original message --------
From: Burama Jammeh<[log in to unmask]><[log in to unmask]>
Date:02/09/2014 13:17 (GMT+01:00)
To: [log in to unmask]
Subject: Re: United Democratic Party (UDP) Denied Right to Hold Rally, Yet Again

Kejau

You made good case - and that's never in contention.

We have a lawless state and we want to treat it as a flourishing democracy. Again how can we win an election if we can't even campaign? The first step of that answer in my mind to defy those denials with civil actions on the ground. Press conferences are not going to do it.

Is certainly dangerous on the ground. I hold no Gambian to go demonstrate in front those butchers. Yet we can't fall in despair - alternatives must be develop.

My alternative is to develop political leverage that Yahya and his thugs fear.  That leverage shall be used to piece by piece strip him of such unlawful powers. The IG of Police will then act in accordance with the laws.

The fight around who should be the next candidate is a stretch i never comprehend.

In fact don't be surprised that other parties/individuals inwardly like that UDP is denied permit.

We seriously have our cards badly mixed up.

Your case is water tight but where there are laws.

Gambia is simply Yahya. As sad as that comes from me.

Regards

Burama


On Tuesday, September 2, 2014, Kejau Touray <[log in to unmask]> wrote:

The word Constitution comes from the latin word, constitutio‘, meaning a legally issued authority from the people. Article 16 of the 1789 Declaration of the Rights of  DIG Gibba Denies UDP Right to Hold RallyMan and the Citizen, according to which ‘[a]ny society in which rights are not guaranteed, nor the separation of powers determined, has no constitution.

The denial, albeit continously and consistently, by the police HQ, of permit to UDP, is an affront to all parties, all individuals, all equality loving citizens of The Gambia and must be condemned by all in the strongest possible terms. ‘[c]onstitution-texts can be mere façade legitimation, mere window-dressing on actual state practice. The practice may be of one-party rule, of police torture, of corrupt and intimidated judges, of a military or militia barely if at all under civilian rule, of business practices distorted by the need for systematic bribery of officials, and so on’ (MacCormick, 24; see also Sartori).

The International Convention on Civil and Political Rights (ICCPR), Article 19 guarantees the right to expression and association which can only be restrained if necessary and by law for the sake of security, public order and morality. The 1997 Constitution of The Gambia guarantees the rights to expression and association with the reasonable restriction necessary in a democratic society.

The case of Darboe, UDP v IGP demonstrated this effectively, where Justice Obayan ruled that the denial of the UDP to hold a rally was unconstitutional and in contravention of their fundamental rights, much more if no reason (reasonable or completed) was given. 

 


Read more here: 

http://gambiadaily.co.uk/13-united-democratic-party-udp-denied-right-to-hold-rally-yet-again
Date: Tue, 2 Sep 2014 09:45:39 +0100
From: [log in to unmask]
Subject: Torture Victim Flees For His Life
To: [log in to unmask]

http://www.kaironews.com/news/tortured-victim-flees-for-his-life/

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