On the 18 June 2018, Gambians woke up to disturbing news of clashes between police and natives of Faraba Banta. It was later learned that two people lost their lives purportedly from fire arms shot by police officers (now three). The unfortunate incident received the usual amount of rage and condemnation of police heavy handedness. Conclusions were drawn without thought and social media raved with people expressing sentiment without thinking twice.
All of sudden, personnel of the Gambia Police Force were labeled trigger happy and out to kill “armless and harmless environmentalists”the same to people they vowed to protect. Not many took time to question what might have truly happened, where and how it all started? There are so many questions but none seem to care, but rather busy being angry and vindictive for what they do not really understand. Can we at least sit back; stop embarrassing ourselves with uninformed conclusions and for a moment think, think big and objectively.
GAMBIA TODAY
In January 2017, Gambia embraced a new government after 22 years of Jammeh’s rule. The new Gambia hoped to usher in true democracy and the rule of law. One and a half years on, the desired Gambia seems a far-fetched and ever elusive dream. FACT: Criminality is on the increase, corruption has become more engrained, public dissatisfaction and disappointment is on the rise, civil unrest has become a norm, land disputes are on the rise, our own security is not trusted (ECOMIG present), impunity is common place (government’s silence over the Kanilai, Sibanor, Mankamang Kunda, Busumbala and other incidents is deafening enough).
FARABA – JULAKAY HISTORY
Julakay a Gambian businessman man got interest in sand mining and followed government laid down procedures in engaging in the business. The necessary papers were sought for and acquired (I wonder how though), Faraba Banta was identified and approved as mining site. Alkalo and some community heads were consulted and agreements were made (apparently a large part of the community were not aware). Like Seedy Barrow who is proven to have legal ownership of the disputed graveyard land in Tanenneh, Julakay had legal license to mine in Faraba Banta. Let me digress a little and add – (Gunjur – Green Lead, Sanyang, Monkey Park all are government licensed businesses). Note that none of these were issue by or with consultation with Gambia Police Force yet it is its responsibility to enforce law and order.
1stQUESTION: In order for Julakay to carry out his lawfully registered sand mining business, did the police need to put there a guard post?
WHAT HAPPENED IN FARABA ON 18/06/18
On the morning of 18 June 2018, police officers on guard duty at the sand mining site heard a voice on the village mosque public address system urging villagers to come out and protest against the mining in the village. Prior to this announcement, there was word that a member of parliament has told natives of Faraba that a National Assembly select committee on ……… had recommended that mining in Faraba cease. This prompted an angry and frustrated village folk to call for a forced cessation of mining activities.
To ensure that this unofficial recommendation was respected, an uninformed 7 member police guard post was confronted. Not by an armless and peaceful crowd, but by a group of villagers armed with clubs, stones, slings, gas grenades and local guns. These were a people who were genuinely angry over the exploitation of their environment and were bent on protecting what they belief is their own. For them, if their government is not able to protect their own, then they will do so by all means and God help the law enforcer standing in their way.
The officers were pelted with stonesand clubs and sensing that they were overpowered, they called for reinforcement but by the time that came; trucks, caterpillars and the guard post were vandalized or set ablaze by an armed, angry and violent crowd.
2ndQUESTION: Was this a peaceful march or riot?
WHAT DOES OUR LAW SAY?
Section 69 of Chapter IX of the Criminal Code of Laws of The Gambia, Unlawful assembly is defined – When three or more persons assemble with intent to commit an offence, or, being assembled with intent to carry out some common purpose, conduct themselves in a manner that causes persons in the neighbourhood reasonably to fear that the persons so assembled will commit a breach of peace, or will by the assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of the peace, they are an unlawful assembly.
Section 72 talks about making proclamation for rioters to disperse. This can be carried out by a magistrate, a commissioned police or military officer of The Gambia commanding the rioters to disperse peaceably.
FACT:It has been confirmed that a commissioned police officer has made this proclamation using a public address system.
Section 73 states that if on the expiration of a reasonable time after the proclamation is made, or after the making of the proclamation has been prevented by force, twelve or more persons continue to riotously assembled together, a person authorized to make proclamation, or a police officer, or any other person acting in aid of the person or police officer, may do all things necessary for dispersing the persons so continuing assembled, or for apprehending them or any of them, and, if a person makes resistance, may use all such force as is reasonably necessary for overcoming the resistance, and shall not be liable in any criminal or civil proceeding for having, by the use of force, caused harm or death to any person.
Section 76 talks about rioters demolishing buildings, etc. It states that any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy any building, machinery or structures commit a felony, and each of them is liable on conviction to imprisonment for life.
FACT:It has been confirmed that 5 trucks, 2 caterpillars a guard post and compounds were vandalized and or set ablaze.
IS GPF ADEQUATELY TRAINED AND EQUIPPED TO EFFICENTLY CARRY OUT ITS FUNCTIONS?
It is no hidden fact that personnel of GPF undergo not more than ten months basic recruitment training in an institution that lacks of proper training facilities. Furthermore due to resource constraints, not many professional capacity building programs are conducted. Additionally, GPF operates with almost no proper security equipment gadgets. Its Anti-Riot Unit lacks the necessary riot gear (armored vehicles, water cannons, rubber bullets, pepper spray etc.). They ill-equipped, receive a pittance, not motivated yet they are expected to be absolutely professional as if they are demi-gods.
FACT:The new wave of democracy in Gambia has ushered in an unprecedented level of civil disobedience which the country seems ill-equipped to handle. People wantonly break the law under the pretext of democracy. We have a problem that police alone cannot take responsibility of fixing and it would be unfair to use police as scapegoats for problems we all share.
PRESIDENT BARROWS ADDRESS TO THE NATION LEAVES A LOT TO BE DESIRED FOR
As head of state I commend him for coming out to condemn the deaths and order for investigations to be conducted. He however, fell short of condemning acts of violence and ordinary citizens taking the law into their own hands. This could encourage more civil unrest. Gambian’s are misconstruing the idea of democracy; they are deliberately exploiting the president’s softness and fast making the country ungovernable. We are walking a slippery path and what we need is a pragmatic and charismatic leader and not a pampering babysitter.
The IGP did not do well in claiming that he did not give orders for the use of firearms – well that has unfortunately demoralized police personnel and now one should wonder how prepared our men in blue uniform are in protecting our lives and properties. I should however, commend him for doing the honorable thing of resigning from the post.
CONCLUSION:
Until investigations are completed Gambians must continue to exercise patience and trust in the judicial system to bring those responsible for the death of the three natives of Faraba to justice.
Furthermore the law will have to take its cause on whoever must have taken part in the vandalising and burning down of homes and properties.
Government should also bring out the investigation reports on the Kanilai, Makamang Kunda, Busumbala and other similar cases it has conveniently stayed mute on. Unless justice is served without bias, the problems we are facing now will continue to happen.
BY A CONCERNED GAMBIAN
