International Freedom Of Expression Exchange (Toronto)
August 13, 1999

Toronto - The following document was released by the ARTICLE 19, London: ARTICLE 19 condemns use of imprisonment and harassment to violate freedom of expression: The Gambian government is using detention to stifle freedom of expression. This is at a time when the government is finalising a new information policy which, unless amended, will further threaten freedom of expression.

The recent suspension of the newly-established "Independent" was the first overt sign that the government of The Gambia will not tolerate the challenging style of this newspaper. Following its suspension, the paper's editor-in-chief, managing editor, staff reporter and support staff were all detained by the National Intelligence Agency, the security police. N.B. Daffeh, the staff reporter, was held for three days, and the others were released after briefer periods of detention. They were apparently warned not to continue working for the paper.

The official explanation for these measures is that the newspaper has not registered its business name with the tax authorities - even though the law allows for one month between the date a new business starts and when the application must be made. From the tactics used, it seems that the real aim is to stop the newspaper from functioning - it began publishing shortly after another independent newspaper, "The Observer", was sold to a businessman who appears to be close to the government. Within two weeks, the "Observer"s deputy managing director and news editor Demba Jawo, who is also chairman of the Gambia Press Union, had been sacked.

Attempts to complete the formal registration of "The Independent" have been met with further obstacles which mean that the paper remains suspended. The detention and harassment of journalists by the security police is a totally unacceptable response by the authorities to what they claim is merely an administrative matter. Observers of freedom of expression in The Gambia will be familiar with this process - it has been used similarly to silence Citizen FM, a private radio station. The station's proprietor, Baboucar Gaye, was briefly detained in February 1998 for operating a radio station without a licence. The licence had expired. He was convicted six months later and his appeal is still pending (see IFEX alerts of 19 May, 20 April, 3 March, and 19, 13 and 9 February 1998). During this whole period, the radio station has remained silent.

"The Independent" newspaper was officially registered in May 1999 by the Registrar General's Department in the Department of State for Justice. This gave the paper permission to commence publication. The first edition appeared on 5 July 1999 but its professional life was soon curtailed. On 23 July, the Department of State for Justice ordered the newspaper to cease publishing until it has registered the business' name with the commissioner of income tax. A lawyer working on behalf of the newspaper fulfilled these conditions by letter of 28 July, but the tax authorities refused to accept the cheque and registration forms because the registration is "under investigation".

The first edition of "The Independent" declared the paper was "not at war" with anybody. It stated "We shall respect every opinion, however contrary to ours, and beg that our opinion be respected, but never-the-less challenged, rebuffed or rectified." The newspaper posed important questions about past human rights violations - it featured an appeal by the father of the late Koro Ceesay for information about who killed his son, the former Minister of Finance whose charred body was found in June 1995. It also raised questions about the whereabouts of Lieutenants Basiru Barrow and Ebrima Ceesay, who were last seen on 11 November 1994, the day of a counter coup attempt.

ARTICLE 19 sees the suspension of "The Independent" and the detention of its workers as the latest attack on freedom of expression in The Gambia. The organisation has been working with partners in The Gambia to propose reforms to a draft national communication and information policy (NACIP) to bring it into conformity with The Gambia's international human rights commitments. Without these reforms and an end to the use of detention for administrative issues, unfair dismissal and suspension, the independence of the media is seriously threatened.

RECOMMENDED ACTION:

Send appeals to the Minister of Justice and the Minister of Works, Communication and Information:

- urging the officials to take all necessary steps to stop the harassment of the independent media and its practitioners, in particular:

- by allowing "The Independent" to resume publication and Citizen FM to resume broadcasting immediately - by ensuring all existing and proposed legislation conforms to international standards protecting freedom of expression

APPEALS TO:

Mr. Sajo Jallo Minister of Works, Communication and Information MDI Road, Kanifing The Gambia Fax: +220 37 57 65

Honourable Mrs Fatou Bensouda Minister of Justice Marina Parade, Banjul The Gambia Fax: +220 22 53 52

Please copy appeals to the source if possible.

For more information, please refer to "The Gambia: Freedom of Expression Still under Threat", published in June 1999 by ARTICLE 19, Lancaster House, 33 Islington High Street, London N1 9LH, Tel: +44 171 278 9292, Fax: +44 171 713 1356, E-mail: [log in to unmask]

The information contained in this action alert update is the sole responsibility of ARTICLE 19. In citing this material for broadcast or publication, please credit ARTICLE 19.

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