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SAMSUDEEN SARR – COMMENTARY: What Lawyer Darboe may constitutionally understand that we don’t

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I wonder how many people are following the seemingly impending political crisis developing in the USA, six weeks before the presidential election there with President Donald Trump frightening everyone with his possible intention of disputing the results if he should lose to Joe Biden in November who many think will win? While publicly sounding his intent, the FBI and CIA have revealed startling evidence of the Russian KGB clandestinely using cyberspace to undermine Biden’s credibility just to have Trump reelected. The Russian game that was blamed for Hilary Clinton losing to Donald Trump in 2016 is on overdrive again, spreading misinformation to the American voters and trying everything to make Biden look like a loser inclined to undermine American democracy while Trump is portrayed as reinforcing a perfect state of the union he built.

Fake computer images of Joe Biden sleeping and snoring while being interviewed, twisting his remarks from interviews or acting stupidly are circulated online by Russians which most low IQ Americans are treating as factual. Coupled with messages that foreign governments are sending millions of fraudulent mailed ballots into the country in favor of Joe Biden and Trump twitting the same fake stories, ostensibly creates an uncertainty on the flawless voting system America practiced since time immemorial. By the time November is here Trump would have sown enough seeds of doubt in people’s minds to challenge the results and even if the supreme court eventually rules against him his dogmatic followers would remain defiant. It should be seriously monitored by all Americans or by mankind as a whole.

By every indication, American democracy, the model emulated by the whole world risks a monumental setback if Trump carries out his threat to challenge the credibility of the over 200-year old electoral system. Apart from former presidential candidate Mitt Romney, nobody in the republican party is condemning Trump for his reckless calculation. So may I ask, what does that say about party politics? That friendship or enmity doesn’t matter but interest alone. All these republicans like Linsey Graham and Republican majority senate leaders Mitch McConnell have in the past denounced Trump’s flawed character and policies until they realized that going against him persistently will ultimately cost them their seats

By challenging the election results in November, only the supreme court will have the jurisdiction to settle such disputes, the reason they are rushing, weeks before Trump’s term ends to select a new conservative judge to replace Justice Ruth Bader Ginsberg who died last week; however, nine months before the end of Obama’s second term these very people stopped his replacement nominee Merrick Garland of Justice Antonin Scalia who died as well, on the squabble that the time-nine months left for Obama to go-disallowed it.

Now, in the wake of the constitutional dispute in the Gambia I want my readers to start comparing and contrasting the American dilemma to that of the Gambia’s? I thought the American situation was a perfect preamble for critical scholars.

In the Gambia, I believe we are on an uncertain political course that demands urgent attention and discussion. With the new draft constitution dead and buried, it looks pretty obvious that the opposition parties especially the UDP are on a collision course with the Barrow government, come the 2021 general elections.

Lawyer Darbo in his followup press conference had questioned the commitment of the Justice Minister for seriously defending the document he took to the national assembly for ratification of which I am yet to hear the response of the minister. The UDP leader has also explained how when such government ventures fail, heads of state, for ethical reasons, resign from their positions and gave examples of the case of the late Sir Dawda Jawara in the 50s and Theresa May of England recently.

I don’t know how to say this, but since the submission of the draft to the executive where cabinet first review it, while they never added or subtracted anything from document, folks close to the presidency had expressed their dissatisfaction with some of the articles especially on the retroactive term limit of the Barrow government. They have also said and done nothing other than to show their agreement with retaining the 1997 constitution instead of the 2020 one which they believe will somehow disqualify the candidature of Lawyer Darbo who happens to be their toughest opponent. I have heard folks close to the corridor of power-borrowing a phrase from my friend Ebrima Sankarah-saying now and again that Lawyer Darbo’s past conviction records by the country’s legal system will automatically disallow him to contest if the 1997 constitution is retained. And that constitution has now been retained prompting a lot of celebration from the Barrow loyalists and those still defending President Jammeh’s legacy.

The UDP leader has however come out to strongly argue that, despite the conviction, there was nothing that could prevent him from contesting the next election as the flag bearer of his party unless three things happen; that he is mentally or physically incapacitated by an illness or is rejected by his party to lead them. What exactly does he know that we don’t? I guess time will tell.

He is a constitutional lawyer, one of the best for that matter, making me believe that he is relying on his knowledge of our constitution to challenge and win anyone trying to stop him.

I have read and heard some critics saying that Mr. Darbo is trying to create a political tension that may inspire some extremists in his party who might resort to political agitation or civil disobedience like in the regrettable 2016 incident when the UDP youth wing leader, the late Solo Sanding illegally organized a demonstration that sadly cost him his life.

If my memory serves me well, Mr. Darbo had at the time vehemently expressed his disagreement with that demonstration that he had said was organized without the knowledge or approval of the UDP executive. That the only reason he had to organize a subsequent demonstration was to demand for the remains of Mr. Sanding when they were informed of his death.

In that statement, I think he had sent a loud and clear message to his zealots that illegal political demonstrations organized in the name of the party will never be condoned.

So I expect him to rather challenge anyone at the courts trying to use the 1997 constitution to prevent him from contesting next year than to encourage defiant elements in his party to take the dumb route of trying to render the nation ungovernable. ECOMIG and Senegal will not standby and watch that happen anyway, know what Barrow means to them.

Adama Barrow on the other hand will need a genuine campaign team, legally educated and politically committed to help him get over the 2021 huddle.

After listening to his recent speech at the National Assembly, I thought he was out to let the Gambians know that everything that was stalling his government’s achievements had to do with the COVID-19 pandemic. Indeed, most of his special plans crafted in 2019 for 2020 have been derailed by the effects of the pandemic which to me is a legitimate reason. By the way, I think the president deserve a pat in the back for improving his reading skills. So kudos Mr. “Dyslexia”.

Of course, his critics have been asking for his immediate plans to solve or minimize the problem which I don’t think is a fair question since the pandemic is still around with more damages expected to be done before an all clear is globally realized. They have accused his government of not doing enough about fighting the disease with most of the money received allegedly stolen through corruption. Other than the Health minister going to the NA one time to complain about his employees acting corruptly, the alleged rampant corruption is yet to be proven. It could be a matter of not having enough to keep up with the devastating effects of the pandemic and not necessarily any major corruption as such. It’s just my opinion which I am entitled to, so please spare me the reminder of how my father was a woman and my mother a man.

However, if Barrow wants to prevail, I think he should start tasking his ministers in particular to start showing their substance in promoting his agenda. The Justice minister should come out right away to explain whether or not Lawyer Darbo is qualified to run on the 1997 constitution. His government should make its position known about the failed bid to confirm the draft constitution which nobody is doing. All ministers must publicly explain their position on the matter for him to understand the true believers from the chameleons.

Because what I expect to happen, months down the line, is the pandemic wrecking so much havoc that the government may not even have the resources or see the need to conduct the 2021 elections. It will be another legitimate excuse that the government and Gambians in general should brace up for. It’s still my opinion.

That said, I have this final piece of advice to give President Barrow. The APRC NAMS were very instrumental in tilting the voting fulcrum that killed the draft constitution and I am pretty much sure Mr. Barrow was very happy about the final outcome. In fact he shouldn’t shy away from coming out to thank the APRC directly or indirectly because he might need them again in 2021 to move on.

But with all honesty, I don’t think resuming the TRRC drama at this time in the middle of this deadly pandemic is a wise idea, in that the tenet on which it was founded was to demonize the APRC government whose members seem to be edging towards forming an alliance with the NPP. Sitting there everyday will be to merely install in Gambians and non-Gambians that the APRC government was evil, any one associated with it is evil as well and the 1997 constitution the country now adopts, “thanks to Barrow’s dishonesty”, will be his instrument of oppressing the Gambian people and perpetuating himself in office, just like Jammeh had been.

In this pandemic when everything is falling apart with thousands of lives being lost on daily bases due to the recklessness of the Chinese government, his government should have better things to do or better places to plow our time and resources than in this divisive TRRC, disadvantageous to his future political ambition.

Thanks for reading

SAMSUDEEN SARR

BANJUL, THE GAMBIA.

Government cancels coronavirus-induced cuts in public service staff

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The government has revoked its move scaling down the number of public service staff in public departments and offices due to coronavirus.

In a September 23 memo seen by The Fatu Network, the nation’s civil service chief Noah Touray is seen telling all government departments to ask all their staff to return to work.

A government spokesperson confirmed the memo as ‘accurate’.

The government had earlier this year cut down on the number of civil servants allowed to report to work due to the coronavirus pandemic.

Car battery thieves arrested by police

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By Mudiwa Ngum

In further attempts at curbing crime in The Gambia, the Police Anti-Crime Unit has managed to recover six stolen motorcycles, several car batteries and flat screen televisions.

The items were stolen by two 19-year old young men identified as Gibril Badjie also known as ‘Biggie’, and Ahmad Tijan Baldeh also known as ‘Gully’.

At a news conference held at Police Anti-Crime in Bijilo, the PRO of police Lamin Njie pointed out that after holding the culprits in custody, vigorous investigations leading all the way to the U.R.R (Upper River Region) were conducted and the evidence gathered pointed directly towards the named culprits forcing them to confess to the crime of stealing the items.

He went on to urge the general public not to hesitate as far as sharing information with the police anti-crime unit is concerned.

PRO Njie also shed light on the fact that the members of the general public should be extra vigilant about purchasing stolen goods, reiterating that all the necessary background information on goods to be bought should be of absolute legitimacy.

He continued that the act of purchasing stolen goods or properties is ‘very well’ punishable by the laws governing our nation.

 

Family seek help as their Islamic student 16-year-old son goes missing, for weeks

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A Kunkujang Ketaya family is seeking help in finding their 16-year-old loved one who has gone missing for nearly four weeks.

Oumar Sillah disappeared earlier this month and his family has since not been able to find him.

He is an Islamic student who is receiving his Quranic education in Fajikunda at Foday Njie’s school, his family members including his mother who walked into The Fatu Network offices said.

A missing person report has been lodged with police, they added.

Anyone who sees Oumar should contact 2352550/7357225.

Darboe puts eligibility debate to rest: UDP leader shares the only three things that could stop him from contesting in next year’s presidential elections

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By Jaka Ceesay Jaiteh

UDP leader Ousainou Darboe has shared that only three things could prevent him from contesting in the 2021 presidential elections: mental incapacity, death and UDP not choosing him as its candidate.

Mr Darboe’s eligibility to run in next year’s presidential poll has been the subject of fierce debate. There are claims the 1997 constitution would make it impossible for him to stand.

The 72-year-old however told The Fatu Network: “There are only three things that can prevent me from contesting. One, If I am mentally incapacitated; two, I happen to die; and three, If UDP doesn’t select me as their candidate.”

DOOMED D’CONSTITUTION: Political analyst Sait Matty Jaw says Barrow’s camp will now try to appease the nation by trying to improve the 1997 constitution

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The President Adama Barrow camp will attempt to appease the country by introducing new legislation to strengthen democracy, Satty Matty Jaw has said.

Members of the National Assembly among them those loyal to President Barrow voted down a bill on Tuesday that sought to replaced the 1997 constitution with a new one. The President Barrow loyalist MPs had advanced that the draft took way the president’s right to two terms if it becomes ratified by Gambians at a referendum.

Satty Matty Jaw who’s a political science lecturer at the University of The Gambia predicts President Barrow’s camp would not resort to other means to try to appease Gambians.

“They will now attempt to give Gambians term limit and majoritarian system because that will suit their interest by amending the 1997 constitution. Already many are suggesting that should be the next steps. In fact, there is an ongoing validation workshop reviewing the electoral act. Whether it will pass or fail in parliament is hard to tell. But the lines have been drawn…,” Jaw wrote on Wednesday.

Health minister says maternal mortality is not going up as being claimed as he shares data

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Health minister Dr Ahmadou Lamin Samateh has told MPs maternal mortality is on the decline in the country contrary to perception it’s rising.

Gambians have in recent days expressed concern about the number of women that are dying while pregnant or trying to give birth. Scores marched on Wednesday to call for more action against maternal mortality with another march billed for Friday.

But speaking to MPs on Thursday, health minister Dr Ahmadou Samateh said maternal mortality was slowing in the country as he shared data.

He said: “It is important to note that in this country maternal mortality has been on the decline notwithstanding the perception of the rise in maternal mortality. It is important to emphasize that it is actually on the decline based on what had been happening in the previous years.

“The figures below corroborate these findings: in 2013 according to the demographic health survey, there were 433 maternal deaths per 100,000 live births. Now when you go to 2014, it was 208 [death]; 2015, 250 [deaths] per 100,000 live births; 2016, 195 [deaths]; 2017, 236 [deaths]; 2018, 283 [deaths]; 2019, 221 [deaths] per 100,000 live births; and as we speak based on the figures already gathered up to September this year, it is a 169 [deaths] per 100,000 live births.”

The health minister also shared with MPs the main causes of maternal mortality in The Gambia.

He said: “The main causes of maternal mortality in The Gambia are pregnancy induced hypertension (18pc) hemorrhage that’s bleeding (11pc) anemia (11pc) sepsis that’s infection (1pc) and the remaining are due to other causes including indirect causes such as diabetes in pregnancy, heart failure etc.”

APRC rejoices: Party says it ‘strongly’ supports d’constitution’s national assembly collapse

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Opposition APRC has said it ‘strongly’ supports the voting down of the draft constitution by members of the national assembly – as the party joins UDP in taking a position.

UDP had on Wednesday expressed its frustration over the collapse of the constitution promulgation bill, the first party to publicly take a position.

Former ruling party APRC has now also made its position known, although it welcomes the development. Its MPs had insisted the draft is a conspiracy against the 1997 constitution before going ahead and voting against it.

“The APRC as a party like many other Gambians are worried about the hidden clauses in the Draft Constitution and the more reason that some of the MPs voted against it, they are law makers and their rights and stance must be recognised and respected. The Draft Constitution has shifted some of the sacred and important powers of the people’s representative (Legislature) and the Executive to the Independent Institution responsible for implementation of the Draft Constitution to our dismay,” the party said in a statement signed by Dodou Jah, its deputy spokesperson.

The party also frowned at foreign diplomatic community over a joint statement that asked the NAMs to vote in favour of the draft constitution.

APRC said: “It has come to the notice of the National Executive Committee of the Alliance for Patriotic Re-orientation and Construction (APRC) that a Joint Communiqué of The EU Delegation, The United States Embassy, The British High Commission and The German Embassy on Monday 21st September 2020 had urged members of the National Assembly to vote the Draft Bill on the revised Constitution to progress to the final stages of parliament scrutiny.

“We want to remind them that The Gambia is a sovereign and independent state, and they should respect the sovereignty and independence of the Gambian people and we strongly condemn their interference in the internal politics of the Gambia and legislature. It is our belief that the Parliamentarians are representatives of the people and has the country’s interest at heart at all times. The Parliamentarians who voted for the bill to pass has reasons of doing so and likewise Parliamentarians who voted against the bill equally has reasons of doing so, and thus, we respect equally their criterion stance.

“In conclusion, we strongly support the non-passing of the Draft Constitution by parliament, and finally for The EU Delegation, The United States Embassy, The British High Commission and The German Embassy, we demand that they desist from interfering in our internal politics.”

Ferry chief sets the record straight by saying engine problems are what led to Kanilai Ferry running into difficulty in reaching the lander

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By Fatou Camara II

The Gambi Ports Authority Deputy Managing Director, Ferries, Hali Gai has said there was no rescue situation as painted on social media.

Reports abounded Wednesday of a ferry running into trouble at sea causing panic among passengers.

Mr Gai however told The Fatu Network: “The Kanilai Ferry developed engine problems on approach to Barra and as a result the ferry could not maneuver with one engine to reach the lander.

“Due to its proximity to the shore the canoe operators volunteer to transport passengers from the deck of the ferry to the shore and this transfer may have caused some discomfort to passengers eager to use this means of getting ashore and the resultant scramble. However, another ferry was deployed and assisted Kanilai to dock and allow the rest of the passengers and vehicles to disembark.

“The Ferry Service Management reassure its esteemed customers and indeed the travelling public that efforts will not be spared to enhance safer and more reliable service. There was no rescue situation as painted on social media ”

 

GTBank staff and managing director war resurfaces as talks fail to produce a deal

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Staff of GTBank have commenced a fresh sit-down strike demanding the removal of the managing director of the bank.

GTBank staff have since July this year been at daggers drawn with the managing director of the bank Adesina Adebesin over his leadership style. They say they want changes to what they call harsh working environment.

The staff in a statement shared with The Fatu Network said they’re starting a fresh strike after talks failed to resolve the issue.

They said in their statement: “It has come to the attention of the staff that, the Managing Director immediately after the July 9th Strike has singular handedly changed the staff policies in his favour against the staff realizing that he has been flawing them. Among them is Appraisal Committee policy which has caused the July 9th 2020 Strike. The number of policies changed recently are totally against staff interest but are to favour him and strengthen his plans to come back to the staff for going on the strike.

“Please be informed that staff policies changed by the Managing Director are unfortunately been ratified by Board of Directors, awaiting their final approval. This goes to show that both Board of Directors and the Managing Director does not have staff interest at heart but to continue exploiting the hardworking deserving staff for their own pockets.

“The staff has been battling with harsh work environment without adequate working tools (eg. Free Slip Printers, Papers, Fuel for Pool Cars, etc) in the name of cut cost since the coming of the new Managing Director in order to accumulate Profit in his name.

“Based on the above, the staff are left with no option but to now result to another strike indefinitely until our demands are meet effectively tomorrow Thursday 24th September, 2020 from 8am. Please all staff are urged to observe the strike from all levels from Cleaners to the top management of GTBANK including our select committee to CBG until our demands are met including this time our Managing Director should go, we do not have confident in him leading us anymore.

“Please also note that Management staff maybe allowed to engage in any further discussion and negotiation with any serious individuals to resolve our demands amicably but we will not stop the Strike going-on until proof is shown.

“Please be assured that, if any individual or group of individuals are victimized during and after the strike at any time, staff will be going on another strike until the person or group of individuals are accorded due respect, benefits or re-instated.”

“All staff are to report to work daily and on time, sign staff register as usual and report to the back of the Bank building with front doors closed together with banking halls; we are to keep maximum discipline, that we are known for; no one is to speak to the Media expect those authorized to do; [and] no one is to go back to work until advised accordingly.”

‘It’s disappointing’: Darboe uses the knife on Justice Minister Dawda Jallow over his performance in defending draft constitution

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UDP leader Ousainou Darboe laid into Dawda Jallow on Wednesday by saying the attorney general and minister of justice did not advance any ‘convincing’ argument to get members of the national assembly into supporting the draft constitution promulgation bill.

“And it was especially disappointing to see the attorney general and minister of justice who tabled the promulgation bill before parliament essentially abandon the legislature to NAMs and project indifference in the passing of a bill that he himself tabled at the national assembly,” Mr Darboe said during a news conference Wednesday.

He blasted the attorney general further: “He did not advance any convincing argument to persuade members of the national assembly to support the bill.

“His performance at the national assembly and the conduct of the national executive branch betrays the expression of the overwhelming majority of the Gambian people who have taken the time and effort to shape a progressive and forward looking constitution.”

 

African descendants from US, UK and elsewhere that live in Gambia want to be citizens

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By Jaka Ceesay Jaiteh

African descendants residents in Gambia that have repatriated permanently have raised concerns about their non-inclusion in the draft constitution.

The rejection of the draft constitution by MPs on Tuesday found the members of the African descendant community in the country in the middle of launching of organisation to fight for their interest.

They come from various parts of the world such as the UK, the USA and the Caribbean and after spending several years living in the country have now formed an organization called the ‘Council of African descendants (COAD)’.

At a press conference at the Hypolink Village resort in Kololi on Tuesday, Members of the council raised numerous concerns of not being part of Chapter IV the draft constitution which deals with citizenship.

Juliet Ryan co founder of Bla-Xit YouTube channel moved to The Gambia with her family from the UK after discovering that her ancestors were enslaved from The Gambia. “We are Gambians and our ancestors were enslaved and never able to return. We are completing the circle to come home.” She said.

Juliet also serves as the secretary to COAD and feels that they have been forgotten about especially in terms of the constitution. “It was a great disappointment to many of us and we realized we needed to have an official voice so we formed the Council of African Descendants.” She added.

Some of the council’s members such as Matthew Hypolite the proprietor of Hypolink Village Resort have been in The Gambia for more than fifteen years and have invested size able amounts in the country.

“I have been in The Gambia for so long and I own a business that employees a lot of Gambians and is contributing to the country. We have a lot of people that are also with the intention of coming into the country with great development plans and all we want is to feel accepted and be at home,” He said

Having a citizenship to them is knowing that they belong and won’t have to feel scared after moving into the country. “We will feel secure and not discriminated if we are given citizenship. Our investments in the country are going to stay and unlike other foreign businesses their earnings are sent out of the country. All we want is to make Africa great again.” Said by Luke McKenzie the chair person of COAD.

They however added that they will not give up on trying to have a citizenship. With or without a citizenship they will still contribute to the growth of The Gambia because they have its best interest at heart.

 

DOOMED DRAFT CONSTITUTION: Darboe grabs all the blame and puts it on Barrow’s head by saying not once did the President address Gambians about its significance

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By Lamin Njie

The draft constitution failed due to the indifference of President Adama Barrow’s government, UDP leader Ousainou Darboe insisted on Wednesday as UDP took a position over the document’s spectacular failure.

MPs on Tuesday carved out a history of their own by refusing to approve a bill which could spark the birth of a new Gambian republic with a new constitution. The draft constitution devoured 116 million during the course of its construction.

“It is quite disheartening that the tireless efforts of the commission and its members for the past three years have been made futile due to the indifference of the current administration,” UDP leader Darboe said at a news conference Wednesday in Pipeline.

He added: “It is even more disturbing that the government spent 116 million dalasis to fund a reform process they unjustifiably brought to an ill-fated end. The commission worked extensively at every stage of the drafting process seeking out the opinions of Gambians across the entire spectrum in and out of the country, studying best practices in other established democracies and exerting great effort to come up with a document that broadly reflected the considered views of the Gambian people. The commission did its job within the prescribed time and submitted to the president as directed by the CRC Act.

“Not once after receiving the draft had the president taken a moment to address the Gambian people about the significance of this national priority. Instead his cabinet and advisers publicly attacked the draft in ways that were unbecoming. No single member of the executive branched weighed in on the draft following its submission to the national assembly.”

DON’T YOU FOLKS WANT TO KNOW?

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Barely a fortnight ago, our foreign minister Dr. Mamadou Tangara in his epic interview with Kerr Fatou responded to the interviewer’s question on why Alassane Ouattara, president of Ivory Coast and Alpha Conde president of Guinea Conakry were violating their nations’ constitutions in running for third terms by declining to comment on the postulation that the issue in both countries was an internal affair. That no country, organization or observer more or less had the right to meddle in their internal business

Well, we still can recall the defiant position of the Gambia executive, particularly the cabinet members  after the submission of the draft constitution to the president with almost all expressing their dissatisfaction with some of the contents deemed unfavorable to the Barrow presidency. Indicating that all ministers and their associates not camouflaged as wolves in sheep skin wanted to see the new constitution killed in the exact way it was done yesterday and never to be enacted into law of the Gambia.

However, my question now is how the foreign minister was not duty bound to tell the EU, Americans, British and UN to butt off and stop interfering in our constitutional palaver when they tried to influence the decisions of our lawmakers? Was that not a blatant interference in our internal affair?. If the foreign ministry couldn’t reprimand the overreaching intruders, I wonder who then should have in President Adama Barrow’s government. Information minister or government spokesman?

Such critical moments require sincere and honest players whose positions must be known to the government, opposition parties and of course general public; hence I stand to challenge all journalists to find out from every minister and the vice president their candid opinion on the demise of the constitution now infamous for squandering GD116 million, and what next for the future. Mark you most, or should I say all of them until now had been denouncing the 1997 constitution as an illegal document owned by President Jammeh that had merely helped him to indefinitely remain a dictator and a self-perpetuating leader. I sure would want to hear from these chameleons what they think of the overall outcome of the current constitutional crisis emanating from amateurs zealously trying to create a perfect one but now settling for the imperfect one responsible for the nation’s “misery”. For pointers, I would like to hear answers asked by journalists on whether the Jammeh constitution will not turn Barrow into a dictator and a self-perpetuating leader for more “misery”? If not, why not?

But most importantly, they need to tell us whether they support the downvoting yesterday or not and why they didn’t say anything about foreign intruders attempting to influence what was clearly an internal affair.

LAMIN NJIE – OPINION: It’s Justice Sulayman Jallow that I feel sorry for… it’s painful for someone to do a job and be told it’s awful

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The draft constitution was always bound to fumble. This was the belief held by many fervid observers.

A new constitution was one of the things that sat highly on the agenda of the coalition when it was preparing to enter the political trenches back in 2016. A complete break from the past was what it was looking at, and for one to truly put Yahya Jammeh’s dictatorship behind him, a new constitution is somewhere to start from.

But the voting down of the draft constitution on Tuesday by MPs after more than two years of labor reeks of a big debacle. It’s massive in many ways, and one major repercussion is that it might have just about spelt the end for the New Gambia project.

The MPs’ debate on the constitution promulgation bill 2020 lasted three days but what it has certainly brought out is the partisan politics in them. Even if they try to convince themselves of something else.

If I’m to tell you the truth, the debate was a war of political giants, President Adama Barrow Vs Ousainou Darboe. Pure and simple and clear.

All UDP MPs supported the bill – and while they claim it’s for the national interest, the writing was clear on the wall: the draft favours Darboe greatly and they were loving that.

UDP cum independents that are now in love with President Barrow and NRP MPs saw it as a plot against against the President and so they voted against it.

Elsewhere, anything APRC people suspect to be anti-them, be sure they will reject it. APRC MPs voted ‘NO’ because they feel it’s a conspiracy against ‘Yahya Jammeh’s 1997’. Although they might along the way helped Barrow.

But I feel sorry for the man hired to build the draft constitution. It’s always painful for someone to do a job only for him to be told it’s awful.

The nation had high hopes and confidence in Justice Cherno Sulayman Jallow when he was chosen to cobble together this document. The nation gave him what it required: 116 million dalasis. But he will feel really bad that his employers are not impressed by his work.

Lamin Njie is the editor in chief of The Fatu Network.

‘He’s a Senegalese’: Government pushes back at ‘malicious’ allegations fisherman bathed with gasoline and set ablaze by Chinese fishermen is a Gambian

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The government has said a fisherman that was set on fire after gasoline was poured on him is a Senegalese.

Reports had abounded online on Tuesday of a Gambian fisherman being attacked at sea by Chinese fisherman and recovering at hospital after sustaining burn injuries.

Government spokesperson Ebrima G Sankareh in a statement on Wednesday said: “Contrary to malicious allegations being peddled on Social Media that a Gambian fisherman was sprayed with gasoline and set ablaze by Chinese fishermen, the Ministry of Fisheries and Water Resources wishes to share the outcome of its fact-finding with the public.

“Preliminary investigations have established that the lead fisherman involved in the alleged incident, identified as Magget Mbaye, is a 36-year-old Senegalese national. He is married and a father of three (3) children; two boys and a girl.

“The incident occurred between 10:00am and 12:00pm on Saturday, 19th September 2020 during which time Mbaye sustained severe bodily burns. There were eleven (11) artisanal fishermen aboard the troubled boat and all of them Senegalese. Magget Mbaye has since been identified as the Captain of the artisanal fishermen.

“Following his alleged clash with the crew aboard the Chinese trawler, Captain Mbaye reportedly requested his crew to ferry him to The Gambia for treatment. Subsequently, Mbaye and crew arrived in The Gambia on Monday, 21st September 2020 at 8.00am GMT and were reportedly received by his aunt, one Binta Gueye, a resident of James Senegal Street in Banjul.

“Investigations by the Department of Fisheries revealed that the fishing vessel No. 938 Solo 1 has never been authorized to operate fishing activities within the exclusive economic zone of Gambian waters.

“Further consultations with our Senegalese colleagues confirmed that the said vessel No. 938 Solo 1 is licensed by the Senegalese authorities and the alleged incident happened in Senegalese territorial waters by the coastal city of Mbour, some 80 Km off Dakar.

“The matter is now under investigation by the Senegalese authorities as the two countries work out the details of repatriating the entire crew to Senegal.”

Abubacarr Ba Tambadou Makes Time Magazine’s 100 Most Influential People List

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BY SAMANTHA POWER

Over the past four years, Myanmar’s security forces have carried out savage “clearance operations”—forced displacements, summary executions and sexual violence—against the Rohingya community. In response, China has covered for its neighbor, while Western governments have issued only half-hearted condemnations. By contrast, Abubacarr Tambadou, 47, a former prosecutor at the International Criminal Tribunal for Rwanda and, until this past summer, Justice Minister in Gambia, was not cowed. Moved by his 2018 visit to a refugee camp in Bangladesh where he heard the haunting testimonies of Rohingya survivors, Tambadou and his government brought a case before the International Court of Justice, accusing Myanmar of perpetrating genocide. In January 2020 they won an extraordinary initial ruling against Myanmar and its leader (and courtroom defender) Aung San Suu Kyi, as the judges ordered that Myanmar “take all measures within its power” to stop violent attacks against the Rohingya while the court continues to investigate the country’s past actions.

Why would his country—the smallest in mainland Africa— take action on mass atrocities on the other side of the world when others looked away? Partly, it’s personal. Gambia was ruled by a brutal dictator for two decades, and Tambadou wishes outsiders had exerted more pressure during those dark days. But mainly, he says, because it is right: “International law is not the exclusive preserve of the rich and powerful countries… you do not have to have military power or economic power to stand for justice, to stand for what is right. We are doing this in the name of humanity.”

Power is a former U.S. ambassador to the U.N. and author of The Education of an Idealist: A Memoir

Battle Lines Drawn After National Assembly Debate

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By D. A. Jawo
The battle lines have now been clearly drawn between supporters of President Adama Barrow and the rest of the members of the National Assembly, and indeed the whole country, after the Draft 2020 Constitution Bill was defeated on Tuesday by 31 members in favour, with 23 against, with the ‘Yes’ camp failing to meet the required threshold of 42 votes to move it to the next stage.
After quite an acrimonious debate, which clearly showed from the very beginning that supporters of President Barrow had adopted quite an uncompromising stance with regards to the Bill, but it was hard to imagine that anyone of them would stoop this low just for their own personal aggrandizement. There were however clear indications from the word go that regardless of what anyone said during the debate, the Barrow supporters were bent on killing the Bill, using all types of trivial excuses to vote against it, such as the retroactive nature of the draft that they said would deny President Barrow the right to vie for a third term if he wins the next presidential elections.
While there were no doubt certain clauses of the Draft that genuinely attracted criticism, but that was certainly not enough reason to vote against it and in the process, not only throw away the more than 100 million Dalasis of public money spent on providing the Draft, but also denying Gambians the opportunity to determine whether or not they wanted it promulgated.
An analysis of the vote shows quite clearly that a majority of those who voted against the Bill were the estranged members of the United Democratic Party (UDP) who were expelled by the party for shifting their allegiance to President Barrow after his split with the UDP. While it may not be quite obvious as to why they chose to vote against the Draft against the wishes of many Gambians, but it appears that apart from their unflinching support for President Barrow, their main motivation for voting against the Bill could have been the pleasure of humiliating the UDP regardless of the negative consequences of their actions. It appears that their only satisfaction was to make sure that the Bill, which was mainly supported by members of the UDP, failed. They did not seem to care what consequences it meant for this country.
Another revelation of the vote was the fact that some of the political parties represented in the National Assembly are not as united as they had been projecting to the public. For instance, we have seen that the Gambia Democratic Congress (GDC) members were split in half, with two voting for and two voting against. Also, one of the two members of the PPP voted against the Bill while his colleague, who was said to have travelled abroad, indicated in her Facebook postings that she supported the Bill, an indication that the PPP was also split.
Due to the failure of the Independent Electoral Commission (IEC) to hold the long over-due by-election for Niamina West, more than eight months after the death of their National Assembly member, the Constituency was among three who were absent during the vote. The other two were the Member for Banjul South, Touma Njie, who was said to have been out of the country, and the member for Wuli West, Sidia Jatta, who was surprising absent from the chamber during the vote.
Now that the National Assembly has thrown out the Draft 2020 Constitution Bill, after the huge amount of money and all the hard work that had gone into providing what most Gambians have said was a good document, everyone is watching what the Chairman of the Constitutional Review Commission (CRC), Justice Cherno Sulayman Jallow and his team would do. It would certainly not be surprising if they decide to tender their immediate resignation because it is hard to see how they would continue to serve in their positions after such humiliation by the National Assembly, with the apparent connivance of President Barrow and the executive.
Many people are wondering why it is only those who have manifested their support to President Barrow that have voted against the Draft Constitution. Was it by coincidence or by design, some people tend to ask. There are however others who are convinced that not only was President Barrow aware of the scheme to throw out the Draft, but that the whole thing was orchestrated from State House. We can all recall how the members of the cabinet were said to have expressed opposition to some aspects of the Draft when it was submitted to the President. Among their objections was the clause that denied President Barrow the opportunity to go for a third term as well as requiring the National Assembly to confirm the President’s appointments for cabinet and other senior positions, all of which were also among the reasons given by the opponents of the Draft Constitution. Even the very fact that President Barrow had conspicuously avoided talking about the Draft Constitution tends to give credence to allegations that he never wanted it to succeed.
With the premature death of the Draft Constitution, what next for our constitutional development and when will the Gambia transition to the Third Republic? There appears to be few options now open to the government; either stay put with the 1997 Constitution, review and amend some of its sections (which was initially proposed by Halifa Sallah but rejected by the government), re-submit the rejected draft or start the whole process of drafting another Constitution. In any event, however, more than D100 million Dalasis have already been wasted on the process, which amount could have gone a very long way in addressing the problems confronting our almost collapsed health system.
However, with the acrimony of the debate that led to the rejection of the Draft and the obvious fact that the National Assembly is seriously divided along party lines, it would henceforth be quite hard for the executive to have its bills passed. The battle lines between the various opposing factions have been clearly drawn and that is likely to have negative impact on getting any sort of consensus in their work. It is hard to see how the Attorney General’s Chambers and indeed the executive would now get the support and cooperation of those members who voted for the Bill, especially when it comes to anything to do with another new Constitution.
While the supporters of President Barrow are jubilating over their pyrrhic victory in the National Assembly, but it appears that they are not quite aware of the serious consequences of their actions on the very credibility of the government that they support. Even the very fact that over 100 million Dalasis spent on the process have been thrown into the drain, has its own consequences, especially amongst our development partners. It is hard to see how the government would convince them that it deserves any development support when it has been seen to encourage such wastage of public funds.

Foreign Minister Tangara Meets Chief of Defence Staff Drammeh

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The Honourable Foreign Minister on Tuesday 22nd September 2020 met the Chief of Defence Staff (CDS) of The Gambia Armed Forces, Major General Yankuba A. Drammeh, in his office in Banjul.

In welcoming CDS Drammeh, Minister Tangara used the opportunity to express conviction in the ability and competence of CDS Drammeh in leading the Armed Forces.

Minister Tangara assured CDS Drammeh of the unflinching support of the Foreign Ministry in utilising Gambia’s bilateral cooperation with partners to equip and further create opportunities for the Armed Forces.

He reminded the delegation that the military as an institution is like an academia that requires constant rigorous horning of skills for there to be excellence and professionalism.

For his part, CDS Drammeh thanked Foreign Minister Tangara for the invaluable contribution he is rendering in ensuring that the Armed Forces of The Gambia continue to be efficient in maintaining and sustaining peace around the world.

CDS Drammeh used the opportunity to inform Minister Tangara that another batch of The Gambia Armed Forces leaves for a Peacekeeping Mission to Dafur this evening 22nd September 2020.

He recalled that since members of the Armed Forces started embarking on Peace Keeping Missions there has never been an adverse report levied against any member of The Gambia contingent.

Issued by the Communication Unit of the Ministry of Foreign Affairs, International Cooperation and Gambians Abroad

 

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