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CRC boss details how people sent him condolence messages that left him confused – only for him to later realise it was draft constitution they were talking about

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Justice Cherno Sulayman Jallow has detailed how people sent him condolences in the aftermath of the throwing out of the draft constitution by the National Assembly.

Members of the National Assembly last month blocked a bill that sought to fire the draft constitution to a referendum.

According the CRC chairman, people condoled with him following the development.

Chairman Jallow said: “I feel compelled to let you know that since 22nd September, 2020 when the Bill introducing the Draft Constitution failed to garner the required votes in the National Assembly, I had received a number of condolences – messages from friends and professionals with whom we had worked on this project and citizens alike.

“At first I felt confused, wondering who actually died. When might the funeral be held and where? Or has the funeral taken place already? Then it dawned on me quickly that it was the Draft Constitution, which we all thought had life, they were referring to.

“I wondered how I should respond. Tell them “Siguil sa waalla”, or something else? In the end, I said to myself we’re all “bereaved” and, therefore, not to make matters worse, I simply sent a thank you note to reassure them that constitutional reform is always alive, and so shall it be long after we depart this world.”

Gambians asked not to consider 116 million dalasis spent on draft constitution as wasted

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The chairman of the Constitutional Review Commission Justice Cherno Sulayman Jallow has charged Gambians not to consider the money spent on the CRC constitution project as wasted.

“I wish to encourage our citizens not to consider the money spent on the CRC project as wasted. Far from it! It is amazing how fast our people have learnt so much about the Constitution and what it means and stands for,” Justice Cherno Jallow said on Thursday during a news conference in Bijilo.

The justice added: “The CRC process, apart from discharging a duty, has equally been a very educative process. Many in our rural communities had called on us to visit them annually to discuss constitutional matters.

“We pass that call to where it properly belongs – the National Council for Civic Education, one of our many partners in constitutional development.”

CRC chief tells nation their integrity and that of reform process prompted them to speak

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The chairman of the Constitutional Review Commission Cherno Sulayman Jallow has said their individual and professional integrity as well as that of the constitutional reform process prompted their reaction.

Chairman Jallow said at a press conference on Thursday: “The failure of the Draft Constitution to gain the required votes to move on to the next stages leading to a verdict by the people at a referendum has generated a lot of debate.

“We at the CRC do not seek to question parliamentary wisdom regarding the fate of the Draft Constitution. That is a political process from which we will steer away. It is, therefore, not necessarily my intention here today to get into the debate of what is or what is not or what could have been.

“However, for the sake of the integrity of the constitutional reform process and our own individual and professional integrity, I consider it necessary to address two matters that appear to have gained some traction in the public space.”

Sainey Darboe: Looks like UDP will be in opposition for eternity

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It looks like they will be in opposition for eternity because they don’t want evolve, US-based journalist Sainey Darboe has said.

Welcoming President Barrow’s tapping of Bakary Badjie as the new youth and sport minister, the journalist said: “Barrow is making major course correction with his recent appointments, while UDP is busy persecuting a poor lady for insulting leader on WhatsApp.

“Hope they don’t quit their day jobs in hope of victory in 2021. Looks like they will be in opposition for eternity because they don’t wanna evolve.”

 

Man’s plan to smuggle cannabis into police cell crashes as he gets arrested

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A man’s attempt to outwit police by delivering cannabis into their cells fell flat on its face after he was arrested.

Saiouba Makalo’s brazen ploy involved hiding the drug inside loaves of bread.

Police said: “On Wednesday the 30/09/2020, they arrested Saikouba Makalo, who came to Brusubi Police Station with Two pieces of Sweetbread to give to detainees in the cells.

“The loaves of bread were inspected by 1st CC Fakaba Sanyang leading to the unearthing of two wraps of suspected cannabis concealed inside the Bread.

“He was arrested and handed over to Brusubi DLEAG office for further action.”

CAN HE? CAN HE NOT? MELVILLE ROBERTSON ROBERTS SAYS HE CAN

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There has been much debate recently on Lawyer Darboe with regards to him being qualified to run for the office of the presidency by virtue of the fact that he cannot be qualified to be a President under the 1997 Constitution. 

Section 62(3)(a) of the 1997 Constitution reads  “A person who, while holding public office in The Gambia has been compulsorily retired, terminated or dismissed from such office shall not be qualified for election as President.” Section 75(5)(a) gives the President the power to terminate the appointment of the Vice President and when one is relieved from his or her position as VP by the President, it is then deemed to mean termination under the corresponding provision of the law which is section 75(5)(a), unless proven otherwise. The above provisions have fuelled a bitter debate on social media space as to the eligibility of Mr. Darboe to run for office.

 There is also the confusing provisions between public office and public service which section 230 of the 1997 Constitution has interpreted thus: “Public Office” to “includes an office the emoluments attached to which are paid directly from the Consolidated Fund or directly out of monies  provided for by an Act of the National Assembly, and the office of a member of a local government authority or the staff of a public Enterprise”.

Nothing is clear from the above and hence my stance that it can only be made clearer and or interpreted by the Supreme Court of The Gambia. However, until that happens my understanding of these provisions not being read in Isolation, can mean only one thing; these provisions do not have any effect on the circumstances of Mr. Darboe.  I have arrived on this conclusion solely by my own understanding of the Law and how it applies to Lawyer Ousainou Darboe.

 The ambiguity lies as to who exactly section (62) has in mind: Public office in the civil and public service or Public office with regards to political appointments. I am of the opinion that it has everything  to do with the former and this is because of the choice of words the drafters used ie.the first terminology used  in section 62(3)(a); “compulsorily retired”. This can only be relevant to public service within the civil and public service and under the doctrine of “Ejusdem Generis”, other words which follow should be interpreted to mean the same if not similar. If this is the case then I do not see how Lawyer Darboe is barred from running for President.

 Furthermore, in relying on the same ” Ejusdem Generis” rule mentioned above, one can see that Section (62) seeks  to deal predominantly with people working within the civil and public service. Every law that is legislated is never done in isolation and complete oblivion.  It is done usually  to cure a particular defect.  Now it will be downright preposterous for anyone to be fired as a public servant which has to be some action of gross misconduct and only turn around to run for some public office. Thus, this is what the law sought to prevent from happening.  Also it is premised on the fact that firing a public servant is not done by a single individual and therefore will not be arbitrarily done. The employers of public servants is the public service commission and the Personnel Management Office respectively.  For one to be sacked,  it is deemed that one must have violated certain provisions of the General Orders and have been subjected to a disciplinary process which can lead to sacking. 

Thus,  one can see how the law was couched to ensure that such an individual can then never run for public office after been found wanting for some gross misconduct. When it comes to political appointments, It is clear that the hiring and firing is in the purview of one single authority and therefore sacking can range from political to personal. Such an individual has not gone through  any legal process to ascertain wrong doing and thefore cannot be barred from running from office, because he or she could  have been sacked for nothing that has to do with their conduct. So in interpreting section (62), I will expect that Judges will apply the mischief rule of interpretation to ascertain what ills that particular provision was intending to prevent.

MELVILLE ROBERTSON ROBERTS

BA, LLB, BL, MST.LLM,

Specialist in International Law, Diplomacy and Foreign policy

Respected youth leader Bakary Badjie appointed new youth minister following sacking of Hadrammeh Sidibeh

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By Lamin Njie

President Adama Barrow has appointed Bakary Badjie as the country’s new youth and sport minister following the axing of Hadrammeh Sidibeh.

President Barrow on Wednesday gave Mr Sidibeh the bullet and quickly consoled him with a place in the foreign service.

The new youth minister Badjie is much respected among the country’s youth circles, having made a name for himself in youth work and activism.

The Ebo Town bred contested for Mayor of Kanifing Municipality in the 2018 local government elections.

Congratulations have flown in for Mr Badjie with many describing his appointment as ‘excellent’.

 

 

 

 

Breaking: Two ministers get dumped into foreign service after being fired by President Barrow

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Two cabinet ministers have been removed by President Adama Barrow and quickly redeployed to the foreign service.

Youth and Sport minister Hadrammeh Sidibeh and Trade minister Lamin Jobe were fired on Wednesday.

State House said in a statement: “His Excellency, President Adama Barrow acting under the provisions of Section 71(4) of the Constitution of the Republic of The Gambia has decided to relieve Mr. Hadrammeh M. Sidibeh, Minister of Youth and Sports and Mr. Lamin Jobe, Minister of Trade, Industry, Regional Integration and Employment of their Cabinet appointments with effect from Wednesday, 30th September 2020 and both will be re-assigned to the Foreign Service.

“Consequently, His Excellency the President has also in exercise of the powers conferred on him under Sections 71(1) and 71(3) of the Constitution of the Republic of The Gambia, has appointed Mr Bakary Y. Badjie as Minister of Youth and Sports with effect from Thursday, 1st October 2020.”

 

 

America says Gambia made progress in combating child labour

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The United States Department of Labor (DOL) has released the 2019 edition of its Annual Findings on the Worst Forms of Child Labor Report (TDA Report) and found that The Gambia made advancement in combatting child labor, the United States Embassy announced in a release on Wednesday.

The US Embassy Banjul press release said: “The Report highlights the moderate advancement The Gambia made in 2019 to eliminate the worst forms of child labor. During the reporting year, the government signed the UN CRC Optional Protocol on Armed Conflict. The government also signed a Memorandum of Understanding with the Government of the United Arab Emirates to put in place formal protections for Gambian workers employed in the United Arab Emirates. In addition, the National Agency Against Trafficking in Persons (NAATIP) held trainings, some in conjunction with local and international partners, for government officials at border posts, The Gambia Police, travel agencies, airlines, and the Tourism Security Unit, on trafficking in persons’ issues.

“However, the Report found that children in The Gambia still engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, and in forced begging. The Report highlights that gaps in the law remain, including children starting an apprenticeship in the informal sector at the age of 12, an age below the compulsory education age of 16. It indicates that the scope of social programs is insufficient to fully address the extent of the problem, as programs do not reach all children working in agriculture and domestic work, or those vulnerable to human trafficking, commercial sexual exploitation, forced begging, and street work.

“The Report also highlights that girls and boys from other West African countries are allegedly trafficked for commercial sexual exploitation from their countries into The Gambia. It indicates that tourists also allegedly subject children to commercial sexual exploitation in tourist areas, as well as in private homes.

“The United States Government is committed to working with the government and people of The Gambia, in coordination with other international partners, to address the scourge of child exploitation. We urge the government of The Gambia to strengthen efforts to combat the worst forms of child labor and protect those vulnerable to human trafficking in the soonest possible timeframe.

“The TDA Report includes an assessment of government actions to advance efforts to eliminate the worst forms of child labor. The Gambia is among 131 countries, non-independent countries, and territories profiled in this Report.

“The full Trafficking in Persons report, including The Gambia country narrative, can be found online at:  https://www.dol.gov/agencies/ilab/resources/reports/child-labor.”

 

UK’s new High Commissioner to Gambia David Belgrove says he is determined to deepen relations between Gambia and UK

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The new High Commissioner of the United Kingdom to The Gambia, H.E. David Belgrove – OBE, on Tuesday 30th September 2020 stated his resolve to deepen the already cordial bilateral relations that exist between the two countries, the foreign ministry said in a statement on Wednesday.

According to the foreign ministry, High Commissioner Belgrove said the UK would work with The Gambia to build on the on-going reforms process in the areas of democracy, human rights, security sector reform, health and education.

High Commissioner Belgrove made these remarks to the State House’s press corps after presenting his Letters of Credence to President Barrow. He was accompanied to the State House by the Minister of Foreign Affairs, International Cooperation and Gambians Abroad, Dr. Mamadou Tangara, the foreign ministry said.

The ministry continued in its release: “He used the opportunity to congratulate the President, H.E. Adama Barrow, on the democratic reforms The Gambia has made to date

“He added that the UK would help in Gambia’s economic recovery efforts particularly after the Covid – 19 pandemic ended. The High Commissioner pledged to work on investment cooperation as well as strengthen defence relationship for more training and mentoring for The Gambia Armed Forces.

“He praised the excellent relations existing between The Gambia and the United Kingdom noting that the relations have a long history of friendship.”

Donald Trump wouldn’t let Joe Biden to speak at bitter Ohio showdown – but Gambians who watched the debate think candidates in next year’s Gambia elections should also debate

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By Lamin Njie

President Donald Trump was all over Joe Biden giving his democratic rival less wriggling room to state why Americans should put him in office.

Joe Biden on Tuesday night – under American time and Wednesday morning in The Gambia – went up against Trump in the first of three scheduled presidential debate showdowns – where they sparred over the future of America.

Commission on Presidential Debates brought the two men on one stage for the first time since their Democratic and Republican parties gave their blessing for them to be their candidates in the November 3 election.

Fox News journalist Chris Wallace who moderated the debate however struggled throughout for control – as Trump employed a tactic of not letting Joe Biden get away with anything or putting his ideas out smoothly by frequently interrupting him.

‘Mr President, I’m the moderator in this debate and I would like you to let me ask my questions’, an out-of-sorts Wallace said 10 minutes into the debate.

The two men in the one-hour-and-thirty-minute debate differed greatly on Wallace’s topics. The first topic was on Trump’s nomination of Amy Coney Barett for justice of the Supreme Court.

“We have a phenomenal nominee respected by all. Top top academic good in every way. She’s going to be good as anybody that had served on the court,” Trump speaking first at the start of the debate said of Barret.

Joe Biden who didn’t have much to complain about the integrity of Barret placed his argument along the line of Americans having the right to have a say in who their Supreme Court nominee is.

“When they (Americans) vote for United States senators and when they vote for the president of the United States, they’re not gonna get that chance now because we’re in the middle of an election already. Elections have already started. Tens of thousands of people have already voted.

“And so the thing that should happen is we should wait. We should wait and see what the outcome of this election is. I’m not opposed to the justice, she seems like a very fine person,” Biden said but then going further by saying Trump was rushing Barret’s appointment in a bid to get rid of the affordable care act.

The debate then degenerated into chaos when Trump repeatedly interrupted Biden as Biden beat about the bush about a question regarding either supporting ending the filibuster or packing the Supreme Court by filling the late Justice Bader Ginsburg’s place.

“”That is not the issue, the issue is the American people should speak, you should go out and vote,” Biden said as Trump repeatedly asked ‘Are you gonna pack the court?’

“He doesn’t wanna answer your question,” Trump then said to which Biden replied: “I’m not gonna answer the question.”

“Why wouldn’t you answer the question?” Trump again chimed in as Biden tried to continue speaking.

“Would you shut up, man?” Biden told Trump.

America has struggled with the coronavirus pandemic and both men charged at each other over the issue.

“The president has no plan. He hasn’t laid out anything. He knew all the way back in February how serious this crisis was, he knew it was a deadly disease. What did he do? He’s on tape acknowledging he knew it. He said he didn’t tell us, to give people a warning of it because he didn’t to panic the American people,” Biden said as he preceded his comments on the crisis with over 200,000 people dying and over seven million getting infected.

“You don’t panic, he panicked,” Biden looking right into the camera continued and then said elsewhere: “I laid out in July what we should be doing. We should be providing all the protective gear possible, we should be providing the money the House should pass in order to be able to go out and get people the help they need, to keep their businesses open, open schools that cost a lot of money.”

Trump on his part argued: “If we would have listened to you, the country would have been left wide open. Millions of people would have died, not 200,000 and one person is too much. It’s China’s fault, this should have never happened.”

The debate also see the duo argue over the economy, racism, climate change and mail-in voting.

Joe Biden also carved out his own strategy during the debate: looking right into the camera and speaking directly to Americans.

At one point, he said: “Show up and vote. You will determine the outcome in this election.”

Held in Cleveland, Ohio the debate resonated to as far as in The Gambia with scores staying up late to watch the showdown – and some Gambians were left thinking candidates in next year’s Gambia elections should also debate.

“I believe that Gambia has been under the dark for many decades in terms of exhibiting its true political culture and the type of matured electorate we possess. However, holding debates in this new dispensation would not only be part of the benchmark we are setting to effect ‘system change’ but significantly it would be part of the solution to allow voters in choosing the right candidate for the right reasons,” Assan Touray who is based in UK told The Fatu Network.

Lamin Sabally also watched the debate and he said: “The US presidential debate is going increasingly chaotic and super peppery. Democracy is sweet. Is Gambia ready for its own debate in 2021 with President Barrow on stage?”

Tuesday’s debate was held under strict public health guidelines designed by the Cleveland Clinic which is serving as health security adviser to the commission for all the debates.

Debate is one perfect moment for voters to compare and make informed choices about the candidate that they think best fit for office, Dr. Mitchell McKinney an expert on presidential debates in America said.

“But it is the only time on the debate stage where the major party candidates come together side by side, and voters really value that opportunity to compare the candidates.

“And as I say, under equal conditions, where in a general election debate, we expect to hear equally from the candidates in a debate, and voters tend to think of this as the debate moment as a useful credible form of campaign communication, as opposed to the candidates ads, as opposed to the candidates controlled convention addresses, or their stump speeches, or perhaps their media appearances on partisan media or their chosen media network, if you will,” Dr McKinney who is a Professor of Communication and Director of the Political Communication Institute at the University of Missouri said.

While there is no requirement that candidates in US election should debate, it has become a campaign tradition since 1976, according to Dr McKinney.

“And sometimes candidates have refused. Jimmy Carter refused until just nine days before his election with Ronald Reagan who turned in a very strong debate performance and went on to win in a landslide,” he said.

 

 

Gambians and Senegalese prepare to leave for Magal but government says the borders remain shut and anyone that violates the decree would face the consequences

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By Fatou Camara II

As Senegalese in The Gambia prepare for their annual Islamic Ceremony locally called MAGAL, The Gambia government Spokesperson Ebrima Sankareh has told The Fatu Network whoever violates the borders closure will face the associated consequences.

“As you may have known, our borders remain closed as part of efforts to curb the Coronavirus from proliferation and their closure has been well articulated that those who violate the border closure will face the associated consequences.

Therefore, any person(s) who violate the closure is in violation of the law regardless of his/her/their mission across,” Ebrima Sankareh said.

The Magal ceremony is also popular among Gambians.

Defence minister Sheikh Omar Faye pays courtesy visit to Ecomig troops at their camp in Bakau

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By Sarjo Brito

The Minister of Defence Sheikh Omar Faye, on Tuesday September 29th, paid a courtesy visit to the ECOMIG forces at their headquarters in Bakau. Speaking to the media, Honourable Faye said the purpose of the visit was to thank the troops on behalf of the government of the Gambia for their timely intervention in 2017.

The former diplomat praised the troops for coming at a time when the country needed them the most. He reiterated the significant role they continue to play in safeguarding the security of the country. While showing his appreciation to the peacekeepers, Faye said it is important for Gambians to understand that EXOMIG is here for the interest of the country and nothing else.

The presence of The ECOMIG forces came after The United Nations Security Council Resolution 2337 was unanimously adopted back in 2017 to peacefully resolve the constitutional crisis, calling on Jammeh to step down and allow a peaceful transition to the President-elect, Adama Barrow.

 

 

Sheikh Gibril Kujabi: Remembering a Giant of Islamic Studies and National Service

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“And worship your lord until there comes unto you the certainty (i.e.  death)’’ Is one of the various ways in which the Quran asserts the certainty of death. On the 23rd of April, 2013 will certainly go down the history books as a sad one, as the country lost one of her best sons, Sheikh Gibril Kujabi.  His Islamic knowledge, wisdom, and eloquence has inspired a whole generation. 

Sheikh Gibril Mahdi Kujabi commonly known as Sheikh Gibril Kujabi is a native of Foni. He was born in 1946 in a village called Kanwally, in Foni Bondali district, west Coast Region. His father’s name was Mahdi kujabi and his mother Mansata Tamba.

 According to his family sheikh Kujabi started his early life and education in Foni where he started with Majlis education. Later in the 1950s a scholar named Sheikh Hassan Jallow from Casamance visited their village. It was during the early days of his life, when Hassan took him along.  His intention was to give Sheikh Gibril kujabi a good start of education by taking him to Casamance and teaching him at his “Karanta” or “Majlis”. He was with sheikh Hassan in Casamance for decades learning the Quran and other Islamic teachings. He was given an opportunity to go through various Madrassas from one region to another.

Upon his return in the early 1970s, Sheikh Gibril Kujabi was enrolled in Tallinding Arabic institute where he was among the first students at the institution. He started his primary education there before getting a scholarship to study in Saudi Arabia. 

Tallinding Arabic Institute is the first formal Islamic institute that gave students the opportunity to learn the Quran, sunnah and other Islamic principles in The Gambia. The school is well known for its excellence as it produced thousands of talented Gambians who are in all walks of life serving in different portfolios. It was from this school that the Shiekh emerged in 1982, with a scholarship to study in Saudi Arabia, from secondary school to university. 

He obtained a degree in ‘Dawah’ with a very good grades. He also bagged some certificates in his area of specialization. Having bagged a well coveted degree in ‘Dawah’, he decided to come back and embark on his protracted journey of promoting Islam and Islamic education. He started teaching in Tallinding Arabic institute where he was also responsible for students’ affairs. He played a critical role in transforming that institution to become the finest in terms of Islamic education in the whole country. He was widely admired by many due to his selfless services to the nation. Sheikh Gibril Kujabi stood up for many and fervently endeavoured to see that they succeeded in their paths. 

He was among the executive members of the Islamic Union that was responsible for students’ affairs. He had good relationships with his students’ and his compatriots. He served as the second vice president of The Gambia supreme Islamic council under the stewardship of the late Imam Banding Drammeh. They worked to build a vibrant Islamic Council in the Gambia. 

During his leadership, Islamic Union had secured scholarships for thousands of students to study in their various fields of speciality. Sheikh Kujabi was also the Imam of Tallinding Arabic school Mosque.

He also trained some of his students in public speaking, leadership, and sermon delivery. The Imams he groomed include, but not limited to, Sheikh Kebou Cham (Imam of Tallinding), Sheikh Kemo Saidykhan, Imam Bakawsu Fofana (Moribaa), Sheikh Omar Faba Giteh, Sheikh Kemo Fatty (secretary of the Islamic Union).

According to his close associates, Sheikh Gibril Kujabi was frequently invited to many Islamic conferences in the Gambia, Senegal and Guinea Bissau. He was among the most outspoken Islamic scholars in the region. His students describe him as a man who treated everyone equally irrespective of tribe, age, or other considerations. 

His great leadership qualities that he was endowed with were manifested throughout his career. His demise left a huge void in the hearts of his loved ones. He was laid to rest on Wednesday 24th April 2013 in Tallinding.

Basiru O. Ceesay

Graduate in Development Studies

University of The Gambia

Foreign Minister assures China of Gambia’s support to multilateralism, win–win cooperation

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The Honourable Minister of Foreign Affairs, Dr. Mamadou Tangara, has reassured the Government of the People’s Republic of China through its Embassy in Banjul that the Government of The Gambia would always support the promotion of multilateralism, win – win cooperation,  the belt and road initiative and the development framework defined by the Forum on China – Africa Cooperation (FOCAC).

“Likewise, we will also continue to stand firm with the people of China, in respect to the one China principle,” Foreign Minister Tangara posited. He made these remarks on the occasion of the 71st National Day Anniversary celebration held on the 29th September 2020 at the Embassy of the People’s Republic of China in Bijilo. The ceremony took the form of a mini virtual function.

He adds “as we continue on the path towards our National Development Plan objectives, we trust in your cooperation at all times. Moreover, we continue to welcome investments, tourists, and professionals from China in the same manner we pursue the actualisation of the dictates of our bilateral agreements. Together we are stronger, and together we can make the world a better place.”

China’s fight on Covid -19                                              

Minister Tangara said The Gambia salutes China for charting the way forward on cooperation in the post-pandemic era as illustrated by the outcome of the successful, extraordinary China and Africa Summit on Solidarity against COVID-19 held in June 2020. He said with concerted efforts, Gambia, China and the world will defeat challenges faced.

He indicated that China has invested and continues to invest heavily in the future of Africa adding that numerous Chinese companies are working in many sectors of The Gambian economy to uplift infrastructure as demonstrated by the construction of the International Conference Centre and roads and bridges project in URR.

This, he said, enhanced food security, boosted healthcare delivery and agriculture, expanded trade and built human capital development through both internal training as well as training of Gambians in various Chinese universities.

He said 2020 has been an eventful year by all accounts due to the fact that COVID-19 pandemic has tested global health systems, caused regrettable loss of lives, reversed the economic gains built over many decades, compromised peace, security and social cohesion in many communities.

“This will improve trade activities, increase employment opportunities, increase self-reliance, and allow Gambians to reach out to international markets,” he revealed.

Speaking at the occasion, the Ambassador of the People’s Republic of China, H.E. Ma Jianchun, recalled that 42 years of the past 71 years has been years of reform and opening – up. He said the Chinese people under the leadership of the Communist Party of China built socialism with Chinese characteristics.

Ambassador Ma said “once an impoverished country, China now emerges as the world’s second largest economy, contributing to over 30 percent to global GDP growth for over 10 consecutive years.”

He said there has been remarkable innovation and achievement in building new infrastructure such as 5G, industrial internet and artificial intelligence plays a leading role positioned in some fields.

Ambassador Ma indicated that the Chinese government has always been devoted to the improvement of people’s livelihoods while striving for high quality growth. He said China has set up the largest social security network for the largest population in the world. The Chinese people’s average life expectancy has doubled from 35 to 77.3 years.

“We have lifted 850 million people out of poverty over the past 40 years. By the end of this year, we will lift all rural populations living under the current poverty line out of poverty. That is to say we will completely wipe out poverty and complete the building of a moderately prosperous society,” he added.

The Chinese Ambassador recalled that since the Covid – 19 pandemic started, China has always acted with openness, transparency and responsibility and actively fulfilled its international obligations. He said his country shared technical documents on treatment protocols and containment strategies with a total of 180 countries and over 10 international and regional organisations.

The Hon. Minister of Foreign Affairs was accompanied to the occasion by the Director of Asia and Oceanic Affairs Division, Ms. Fatou Njie – Hydara.

Saikou CEESAY

 

On Bees and Beefs: Letter to my Friend (Part 1)

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Dear Sheriff,

It has been a long time since we last  exchanged notes in this epistolary series. Like I told you before, your quietness is quite disquieting. What is going on my good friend? Are you oblivious of all the strange happenings in our little town or have you taken a vow of silence? Where is that claimed inspiration from the spirits of Santnagba? Have they deserted you?

Indeed, the nation craves the fruits of your blessed pen, for your mastery of our craft is uncommon. 

And why would you deprive us of perspective in these troubled times when you rose to the occasion during the greater part of the Jammeh era? Was it not you who wrote that famous “letter to my uncle” that elicited responses from Dida Halake and a sequel from myself in the form of a letter to my son? 

Sheriff, I still remember that your classic dubbed “letter to my uncle” was a piece of advice to our former President when he made some unsavory remarks about his opponents during a speech on the political platform. Wouldn’t you do a similar one for the Great Lion Killer of the Sahel and 5e Conquering Cheetah of Mangkamang Kunda?

Oh how I watched him with dismay as he threw shades at his own political godfather, as he presided over the laying of the foundation stone for the Hakalang road project. 

Vile and distasteful were his innuendoes; but truly God is not sleeping. It was that same day in the evening that news broke out about a dastardly bee attack on the President’s entourage as he entered the sacred land of Badibu.

At first I thought the story was made up by the President’s political adversaries.

But once the story was confirmed by no less an authority than the President’s spokesperson herself, I joined the fray on social media for some fun analysis. My first take was this, as posted on Facebook: “What’s the relation?

‘Kumoo” means BEE in Mandingka; but it also means WORD.”

Then I took to whatsap to speak to my bourgeoning following under the “M. Sabally for UDP” fan page.

My take was a wordplay in Mandingka, telling my followers that “Kumoo leh foh ta a sangara ta; kumoo lu fanang sangara ta e wuli ta, e janjang ta.” 

Without doubt, you know the meaning of the above words in Mandingka. And how can I fittingly render this statement in English without suffering the withering effect of “lost in translation” as postulated by my brilliant wife, Jainaba Teeda Sarr?

Anyway, Sheriff, the matter of bees is not a joke. Indeed Allah reveals some awe-inspiring words about bees in the 16th chapter of the Holy Quran; the chapter itself is named “The Bees”. I will share with you the 68th verse, but as you know, that verse is followed by others on the same subject: “And your Lord revealed to the bee saying: Make hives in the mountains and in the trees and in what they build.”

But down to our our traditional heritage, you must know something that I may not be able to fathom about bees and their role in our historical beefs. Oh, what inspiring tales exist about bees and their triumphant role in the defeat of the forces of Latdiorr at the hands of my ancestors in Niani, during the reign of Mansa Kimintang!

What deep history lies in the matter of the bees of Badibu, from Kerewan to the royal city of Kubandarr and the holy sanctum of my own paternal hometown of Kataba where Kelebeng Soto stands to date with her own history of a colony of mysterious bees?

Speak, my good friend, for the whole nation awaits in anticipation. Without doubt, no nation has better resources than articulated human beings blessed with enlightening grasps of the logos.

Shall we hear from you then my good friend?

Best regards,

M. Sabally

The Gambia’s Pen

Voting by mail, America improvises due to coronavirus

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By Lamin Njie

Americans have started voting for their candidate of choice for president in what analysts say is one of the most important elections in the history of the country.

Americans would on November 3 be handed the choice of either re-endorsing President Donald Trump or hire a fresh hand in Joe Biden. The battle is already hotting up between the two men, who are both in their 70s.

But this year’s presidential elections would be held in a somewhat different format compared with previous elections. As one of the countries that have been hit hardest by coronavirus, the country is improvising through mail-in voting in a bid to slow the spread of a virus that has killed over 200,000 people and over seven million getting infected In the country.

What is mail-in voting?

States across America have taken up mail-in voting – and it involves a voter casting his vote and sending it through mail. State electoral authorities are responsible for sending the ballots to the voters and the voters send it back to them after completing casting their vote.

Option not popular in some quarters

While vote-by-mail has long been practiced in US dating back to the country’s civil war when soldiers were allowed to vote absentee, one of the candidates in the November election – President Donald Trump – has expressed his reservations about it. Trump insists ‘universal’ mail-in voting would leave the process at the mercy of fraud.

But people especially those on the Joe Biden side of the political aisle say mail-in voting is as reliable as other forms of voting.

“All forms of voting,including vote by mail is reliable and safe. It is just typical Trump, who knows that he is going to lose the elections, and just trying to create distractions,” American Joe Biden supporter Musa Jeng who lives in Atlanta and is planning to vote on Election Day (November 3) told The Fatu Network.

Adam from Arlington, Virginia has already voted early for his candidate of choice – Joe Biden – and in a video shared with The Fatu Network, he said he has no concerns about mail-in voting.

“I think it will be fine. President is trying to sabotage it as much as possible but I don’t have any concerns about it (mail-in voting),” Adam said.

According to information gathered by CNN, nine states in America and the District of Columbia will conduct their elections primarily by mail by automatically sending ballots to registered voters.

Another 36 states will allow any voter to request a ballot to vote by mail, according to CNN, while the outlet has also shared that voters need to provide an acceptable excuse to vote by mail in the remaining five states of Indiana, Louisiana, Mississippi, Tennessee and Texas.

Attempts at Constitutional Reform in The Gambia: Whither the Draft Constitution?

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By Satang Nabaneh.

The Gambia’s constitution-drafting process, aimed at ushering in a third Republic, has reached an unfortunate dead-end. More than two years after the constitutional review process began, and after a highly acrimonious and polarised debate in the National Assembly, Parliament, one week ago (on 22 September 2020), rejected the proposed Constitution Promulgation Bill, 2020 (‘the Bill’). The Bill would have enabled the eventual promulgation the Constitution of the Gambia, 2020 (‘Draft Constitution’) and the repeal of the Constitution of the Republic of The Gambia, 1997 (‘1997 Constitution’). Twenty-three lawmakers in the National Assembly voted against the Bill, while thirty-one supported it. This was, however, not a big enough majority to meet the threshold requirement of three-quarters of members needed to effect constitutional change. The Draft Constitution could, therefore, not be put to a referendum.

The Movement for a New Constitution

In December 2016, after twenty-two years of authoritarian rule, Yahya Jammeh was finally voted out of office, and opposition leader, Adama Barrow, voted in. Although Jammeh at first accepted the results, he changed his mind a week later – triggering a political crisis in the country. The Economic Community of West African States (ECOWAS) mobilised troops with a mandate to enter the country and forcefully oust the former President should diplomatic missions fail. On 21 January 2017, however, Jammeh left The Gambia for Equatorial Guinea. This unprecedented political event kickstarted a transition from dictatorship to democracy. Yet, ending the dictatorship was just the first step. The vision for The Gambia, in transitioning from an authoritarian rule to a democratic state, included drafting a new constitution and measures to ensure accountability for past human rights violations. This included the establishment of a Truth, Reconciliation and Reparations Commission (TRRC), to inquire into human rights violations committed July 1994 to January 2017.

Constitutional change and a rebuilding of the foundations for good governance and democracy had been a campaign promise of the ruling coalition. Consequently, a key pillar of the new ‘National Transitional Justice Programme’ became the formulation of a new constitution. Leading, in December 2017, to the establishment of the Constitutional Review Commission (CRC). The formal process of reviewing the 1997 Constitution and drafting a new one started in June 2018 with the appointment of eleven members (five of whom are women, one of which was the Vice Chairperson) as Commissioners of the CRC.

The CRC had a two-fold mandate, first, review the 1997 Constitution and draft a new one, and second, prepare a report on the draft constitution. The CRC used a participatory and consultative approach to solicit the views and opinions of Gambians about constitutional issues they wished to see addressed in their new constitution.

The CRC kicked-off the review of the 1997 Constitution by preparing a comprehensive list of 369 questions and issues on which public opinion was sought. The Commission undertook an initial nationwide tour, which began in November 2018, followed by further consultations in early 2019 as well as additional household and online surveys. It also engaged in dialogue with various actors including political parties, central and local government institutions and civil society organisations. In addition, the CRC consulted with Gambians in the diaspora in Europe, United States, United Kingdom, Saudi Arabia and other African countries.

Following these consultations as well as some in-depth research, the Commission produced a draft constitution, published on 15 November 2019. The CRC then embarked on a second and final nationwide, public consultation tour, this time to make people aware of and to solicit feedback on the 2019 version of the draft constitution. On 30 March 2020, the CRC submitted the ‘Final Draft Constitution and Report’ to the President. In line with requirements in the 1997 Constitution, the Bill was twice published in the Government Gazette (first on 28 May and then on 28 August 2020), whereafter it was introduced in the National Assembly (section 226). The Bill was tabled before the National Assembly on 14 September 2020.

The Draft Constitution introduced several measures aimed at enhancing and strengthening democracy. This includes a presidential term limit, limits on executive power, measures to ensure greater political inclusion of marginalised groups (including women, youth and persons with disabilities) and a comprehensive Bill of Rights chapter, compliant with international and regional human rights standards. The public had high hopes for significant constitutional change. The personalised politics of the recent past, the undemocratic provisions in, and frequent amendment of, the 1997 Constitution and a complete disregard of the rule of law by the former President left Gambians with a desire for change. Sadly, however, these hopes were dashed when the Bill did not receive the requisite majority vote in Parliament.

Why Did the Bill Not Pass?

One way of trying to determine why the Bill did not pass is to look at who voted against it in the National Assembly. From this it is possible to speculate what their main concerns were. A review of the parliamentary debates suggests that the major concerns were those of the ruling government. Issue had been taken with the limitations to the scope of executive power the Draft Constitution would implement and with the fact that the presidential term limit would operate retroactively. This later provision would ensure the current term of President Barrow will be counted towards his term limit.

What Next?

The rejection of the Bill on its merits means that Gambians would not get to see this version of the 2020 Draft Constitution in a future referendum. So, what now? As the Government has not yet shared any plans we are left to speculate, I consider two possibilities here.

One option is to amend the 1997 Constitution to include some of the more progressive provisions in the 2020 Draft Constitution. The problem with amendment is that it would have to follow the same process as for the promulgation of a new constitution (section 226 (2)(b) and (4) of the 1997 Constitution). In other words, it would require approval of three-quarters of all the members of the National Assembly on the second and third readings and would also have to be passed in a national referendum (requiring 50% turnout and 75% approval).

A potential second option is to go back to the drawing board – have the Constitutional Review Commission restart the drafting process afresh, aiming to resolve contentious issues that are preventing consensus. However, this too would be challenging. In particular, it would be difficult to get buy-in and political legitimacy. The majority of parliamentarians that did support the Bill and therefore the 2020 Draft Constitution will view a new process with suspicion. Given the assertive citizenry and engaged and revitalised civil society we have seen in recent times, the public is also not likely to buy into any process that produces a watered-down version. Additionally, such a process might also make it difficult to garner the support of development partners. And, even if going back to the drawing board is feasible, success is clearly not guaranteed.

Lessons Learnt

Even though the constitution-drafting process has not ended in the adoption of a new constitution, there are some important insights to be gleaned from this experience. For one thing, The Gambia’s experience demonstrates how political elites can serve as stumbling blocks when proposed constitutional change threatens their political power. It is therefore important for constitution drafters and academics alike to apply their minds to how this might be avoided in other constitution-making processes.

While this has been a costly exercise, it was worth it, because Gambians have grappled with some important constitutional ideas, and reached insights that will be helpful in the long run. Given its great quest for change and the broad consensus that there cannot be any meaningful break with the political past without true and complete reform, I am confident that The Gambia will eventually give itself a new constitution.

Satang Nabaneh is a Post-Doctoral Researcher at the University of Pretoria’s Centre for Human Rights and the founder and editor of Law Hub Gambia. This piece was culled from https://www.iacl-aidc.org/. 

 

 

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