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NABJ names Pap Saine as 2019 Percy Qoboza foreign journalist of the year

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The National Association of Black Journalists (NABJ) has named Pap Saine, co-publisher and managing editor of The Point newspaper in The Gambia, West Africa, as the recipient of the 2019 Percy Qoboza Foreign Journalist of the Year Award.

The annual award honors the groundbreaking and often dangerous work done by foreign journalists covering the African Diaspora. The award is named for the late Percy Peter Tshidiso Qoboza, editor of The World newspaper in Soweto, South Africa. Qoboza’s powerful columns ranged from coverage of the 1976 Soweto riots to the tragic horror of apartheid and the white minority government’s treatment of millions of black Africans.

NABJ honored Saine at the Salute to Excellence Awards Gala, during the 2019 NABJ Convention & Career Fair on Saturday, Aug. 10, at the JW Marriott Miami Turnberry Resort & Spa in Aventura, Florida.

The Point is an English-language, independent newspaper that is recognized for holding the government accountable. Saine’s courageous reporting, commitment to press freedom and activism mirrors the tireless work and groundbreaking storytelling of Qoboza. Throughout his career, Saine has overcome harassment by government authorities in The Gambia, never swaying from his dedication to his cause.

According to the International Press Institute, which named him a World Press Freedom Hero in 2010, Saine has been arrested, criminally charged and imprisoned for simply doing his job as a reporter. In 2009, he was sentenced to two years in prison with five other journalists for using his platform to criticize then-Gambian President Yahyah Jammeh’s comments about press freedom and the unsolved murder of his colleague and The Point co-founder Deyda Hydara. While he was eventually pardoned, he continued to endure harassment from the government. Over the past year, he has spoken and written unapologetically about the role the former government leaders may have played in the death of his fellow newspaper colleague and the need for the government to strike down media laws that he describes as “draconian.”

According to NABJ President Sarah Glover, Saine’s commitment to journalism regardless of the attempts to silence his voice is exemplary.

“Press freedom is one of the most precious rights that we could ever fight for,” said NABJ President Sarah Glover. “I am proud that NABJ has the opportunity to honor Pap Saine as not only a champion for the citizens and members of the press of The Gambia but also a champion for ensuring that journalists worldwide can do their jobs without censorship or pressure from the government.”

According to Damaso Reyes, co-chair of NABJ’s Global Journalism Task Force

and director of partnerships at the News Literacy Project, Saine has always been an individual that never hesitated to lead by example. Reyes explained that Saine garnered the nomination for the award, “Not just by producing high-quality journalism but by speaking truth to power and standing up to his government and holding them to account.”

Reyes added, “At great personal risk, he has kept working, not letting his voice be silenced even though he was imprisoned. And he has kept fighting to produce honest and independent journalism in The Gambia and throughout the region. As American journalists come under fire from all fronts, Pap’s example is one that should inspire us to persevere.”

In a recent interview with “All Africa,” Saine, who has also served as a Reuters correspondent for West Africa, underscored that there is still more work to be done in the fight for press freedom.

“To ensure democracy, government and the media (must be) partners…. there can be no democracy without a vibrant press,” he said.

Baa Tambadou And The Junglers – Court-Martial vs. Civilian Trial

Court-martial is governed by military law and meant to prosecute military personnel if they are found to have committed an offense contrary to military law while in army. In fact, court-martial is a different justice system. Court-martial is governed by a uniform code of justice system that lists criminal offenses under military law. In the Gambia, there is an Armed Forces Act that established the code of military discipline. When military personnel commit an offense while serving in the army, they are subjected to a court-martial which is usually decided by military officers.
On the other hand, a civilian trial is conducted using rights and laws established in the Constitution. Defendants in this case are judged by a jury of their peers or a Judge appointed to decide their faith. If a regular citizen commits a crime, they are subjected to a civilian trial. Although  the two (court-martial and civilian trail) are similar in the sense that there is a defendant is being tried for an offense, criminal or otherwise, but two different justice systems are being used.
Now that the difference between Court-Martial vs. Civilian Trial has been established, let’s explore Baa Tambedou’s decision to release the Junglers who were still in custody since their arrest by the military police in 2017. Here is the reasoning behind the Justice Ministry’s release of the Junglers, according to the letter that was sent to the army: “Following the appearance and the testimony at the TRRC of Malick Jatta, Omar Jallow and Amadou Badjie, all serving members of the Gambia National Army, during the week of 22-25 July 2019, and in view of their cooperation with the commission regarding several incidents of human rights violations and abuses under the previous administration, the Attorney General recommends that the said soldiers be immediately released from custody.” Then a set of conditions followed.
When these Junguler were arrested in 2017, they were still serving in the army and the arrest was effected by the military police. Since the offenses they committed were done while in uniform, it would be reasonable to assume that their prosecution would be handled through court-martial, right? If so, can Baa Tambadou as the Justice Minister override that? If an army officer is arrested because they have an offense contrary to military law while in the army, should the Minister of Justice be deciding their faith? Should these killers be released just because they told the commission who they killed, when they killed them and how? And if the argument is that these Jungler were held by the army without being charged, should that not be handled through the court-martial process and not a letter from the Ministry of Justice? I am just asking the questions.
Now, even in the event that Baa Tambadou as Justice Minister is able to override all the legal systems in the Gambia, including court-martial, he should not be releasing the Junglers in such a way. He should have sat down with the victim families and have a conversation with them and have their buy in, rather than doing it in such a unilateral manner. This is an abnormal situation and needs to be handled with absolute care and a high degree of empathy. The TRRC is here to seek the truth and make recommendations, but the truth has been elusive in many instances. Regardless of what the TRRC recommend, victims still have the right to seek justice as they see fit, and Baa Tambadou and his ministry cannot stop that. As Baa Tambadou himself has said, the TRRC is not a court of law and handling this entire delicate issue of reconciliation needs to be done with absolute care and caution.

Eating less meat could help save the planet, UN report finds

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Eating less meat could help save planet, a landmark United Nations report on climate change and land use suggests.

Switching to a diet centred around vegetables rather than meat would preserve land from over farming and cut greenhouse gas emissions, experts say.

Trade-offs between securing food supplies or cooling the planet will have to be made if action to combat climate change isn’t taken now, the report recommends.

The United Nation’s Intergovernmental Panel on Climate Change met to discuss the land use report during their 50th session.

It was held in the headquarters of the World Meteorological Organization in Geneva from August 2 – 6.

‘This is a perfect storm,’ said Dave Reay, professor of carbon management at the University of Edinburgh of the report.

‘Limited land, an expanding human population, and all wrapped in a suffocating blanket of climate emergency.’

Intensive farming processes have allowed the global population to more than triple in the last 100 years, but have come with a cost, the report warns.

This increasing land use has led to more soil erosion, more rapid desertification and a reduction in the amount of organic material stored in the ground.

The report calls for big changes to farming and eating habits, but stopped short of explicitly advocating going meat-free.

Dietary changes, featuring plant-based foods and sustainable animal-sourced food, could free up several million square miles (km) of land by 2050.

This could potentially cut 0.7–8.0 gigatonnes a year of CO2 equivalent, the United Nations’ Intergovernmental Panel on Climate Change (IPCC) said in the report.

‘Delaying action … could result in some irreversible impacts on some ecosystems,’ the report said.

In the longer term, it added, this ‘has the potential to lead to substantial additional emissions from ecosystems that would accelerate global warming.’

The report should help to guide governments meeting later this year at a conference in Chile on ways to implement the 2015 Paris Agreement and avoid runaway climate change. (DailyMail)

Dippa Kunda man arrested after stabbing two police officers at football park

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By Lamin Njie

Two police officers have been stabbed after they got into an altercation with three men at a football park in Serrekunda.

The male officers who have not been named were stabbed by Musa Sarr of Dippa Kunda on Wednesday as he attempted to enter a football park.

The police spokesman Lamin Njie confirmed the incident telling The Fatu Network: “We can confirm that yesterday at the SK West mini stadium, our officers were on duties providing security. Three boys came to the gate wanting to enter. They were subjected to routine security checks and search on the contents of the bags they were carrying.

“They were without tickets to enter to watch the game but they tried to force their way inside which resulted in a scuffle with the officers. In the middle of the exchanges, one of the boys Musa Sarr of Dippa Kunda drew a knife and stabbed two of the officers. They were rushed to the hospital where one of them got treated and discharged while the other got admitted and currently receiving treatment.”

The police spokesman continued: “The accused Musa Sarr has been arrested and charged with Assault. He is currently helping in Police investigations. The public is urged to cooperate with the Police in the execution of their duties.”

Tobaski: Gambians rail at ‘exorbitant’ ram prices

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By Momodou Justice Darboe

Barely three days to the Muslim feast of Id-ul-Adha, many Gambian Muslims are complaining over what they called the exorbitant ram prices.

At present, rams are sold at between D10,000 to D20,000 depending on the size. Many that spoke to The Fatu Network say prices of ram for this year are beyond the means of the average Gambian, many of whom live on less than D200 a day.

Some of our interlocutors has tied the cost of Tobaski ram to, what they believed, was the unnecessary   cost incurred in the transportation of rams from Senegal where they were bought.

“The Gambian police and authorities are not making things easy for us. We bought rams from Senegal and it was not a problem to navigate there with the police. But once in the Gambian territory, the police at every checkpoint would like to be bribed,” lamented a ram seller, Abdou Mbye.

“Not only the police, but the authorities at the Banjul ferry crossing are not also helping the ram business. There was a D50 crossing fee on every ram and this has not been helpful in stabilizing ram prices,” he added.

Another seller who spoke to The Fatu Network lamented that costs involved in obtaining ram from Senegal was huge and, this had in turn, badly influenced the price.

But some customers are suspicious that ram sellers are using the rise in demand for rams to milk unsuspecting customers from their hard-earned money.

“It is incomprehensible, exasperating and unacceptable the amount of money some of these ram sellers are putting on the heads of their rams. How can an average Gambian buy a ram for D10,000, considering the state of affairs? It is a problem that our authorities need to take a critical look at,” suggested a customer who spoke to The Fatu Network at the Bakau ram selling and buying points.

Meanwhile, sacrifice of an animal is considered essential part of the Islamic festival of Id-Ul-Adha. Id-Ul- Adha, called the Festival of Sacrifice, is an important Islamic holiday and distributing meat amongst the people is an integral part of the festive season.

But a visit by the Fatu Network team today to some buying and selling points of rams, the most preferred animal for sacrifice by many Gambians, revealed that prices are shooting through the roof.

SIC asks Gambia imams to pray for rain

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By Lamin Njie

The Supreme Islamic Council on Thursday directed imams in The Gambia to offer special prayers for rain.

Gambians farmers are dealing with a dry summer which is threatening their crops – and the apex Islamic body has chimed in asking imams in the country to dedicate their tomorrow’s sermons to the problem.

The SIC said in a statement signed by its president Momodou Lamin Touray: “The Supreme Islamic Council wishes to urge all imams and scholars in The Gambia to perform prayers for seeking rain from Allah tomorrow 9 August 2019, 6th Dhul Hijjah 1440H.

“Imams are further urged to offer prayers during their sermons (Khutbahs) for Allah the Almighty to bless us with a beneficial rainfall.”

August is usually a wet month in The Gambia but the lack of rain is proving quite worrying for Gambian farmers.

Eid-al-Adha: Barrow declares Monday a public holiday

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President Adama Barrow has declared Monday August 12 a public holiday throughout the country.

Muslims in The Gambia will join Muslims around the world on Sunday to observe Eid al Adha known in The Gambia as Tobaski. During the feast, Muslims administer various rites including the killing of rams.

In a short statement on Thursday, the Office of the President said President Barrow “acting under Section 76 (1) of the 1997 Constitution of The Gambia, is pleased to declare Monday, 12th August 2019 a Public Holiday throughout The Gambia in honour of the Muslim feast of Eid-al-Adha.”

“On behalf of the First Family and the government, the president would like to wish the entire Muslim Ummah a joyous and blessed Eid celebration,” the statement said.

Ousman Darboe: Gambia rights commission officials meet police anti-crime unit top brass

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By Lamin Njie

Officials of the National Human Rights Commission of The Gambia on Wednesday met the top brass of the police anti-crime unit.

The unit has come under massive scrutiny following the death last month of Ousman Darboe. The Sierra Leonean is believed to have died as a result of torture allegedly meted out to him by men of the police anti-crime unit.

Mass protests erupted in Serrekunda as a result of his death with angry youths demanding justice. The youths later marched on the police anti-crime unit headquarters in Bijilo in an attempt to overrun the compound.

But on Wednesday, officials of the National Human Rights Commission launched a fact-finding mission to establish the facts and circumstance of the death of Darboe.

“It was fact-finding investigative mission. We met Gorgi Mboob, his deputy [and] all the senior officers. It was a very open and frank discussion,” Emmanuel Joof the chairman of the National Human Rights Commission told The Fatu Network.

The top human rights official added: “We will also talk to the victim’s family and the people who know about the circumstances and the situation.”

The National Human Rights Commission, created in 2017, is mandated to promote, monitor, investigate and protect human rights, as well as create a culture of human rights in The Gambia. The institution can also recommend appropriate remedial action to the government regarding a human rights violation.

Fatou Jagne Senghor, Fatou Bensouda and Mariam Denton make Avance Media’s inaugural 2019 list of 100 most influential African women

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Leading African Rating and PR firm, Avance Media has announced its inaugural list of 100 Most Influential African Women, which features distinguished women whose works and accomplishments continue to inspire the next generation of women in Africa.

Speaking about the list, Prince Akpah, Managing Director of Avance Media, noted that, the list has a representation of 100 women from 35 African countries who are changing the feminine narrative and challenging the status quo of women on the continent.

He also cited that, some of the honourees have expressed interest in offering mentorship opportunities to young women from across the continent through the Be A Girl Mentorship program which is being launched to upsurge the impact of the publication.

Avance Media has over the years been engaged in changing the narrative about Africa through rating and ranking publications and the launch of this initiative is expected not only to celebrate Africans but showcase the individual and collective works of women who are earnestly inspiring the next generation of leaders in Africa.

The list features women who occupy eminent leadership positions such as President, Prime Minister, Secretary General, First Lady, Governor, Minister, CEO and Commissioners.

Notable among them are Ethiopia’s President H.E. Sahle-Work Zewde, Liberia’s Vice President H.E. Jewel Taylor, Namibia’s Prime Minister Rt. Hon. Dr Saara Kuugongelwa-Amadhila, United Nations Deputy Secretary General H.E. Amina J. Mohammed and former presidents, H.E. Ellen Sirleaf Johnson and H.E. Catherine Samba-Panza.

The list also features young women activists such as AU Youth Envoy Aya Chebbi, Farida Bemba Nabourema and Ilwad Elman.

Profiles of all the honouree have been published on 100women.avancemedia.org and applications for the Be A Girl Mentorship Program is also opened.

Below is the list of Avance Media’s 2019 100 Most Influential African Women arranged in alphabetical order.

Abiola Bawuah || United Bank for Africa (UBA)

Aïda Diarra || Visa, SSA

Amani Abou-Zeid (H.E Dr.) || African Union Commission

Amina C. Mohammed (Amb. Dr) || Kenyan Cabinet Minister

Amina J. Mohammed (H.E) || United Nations

Amira Elfadil Mohammed Elfadil (H.E) || African Union Commission

Angela Kyeremanten-Jimoh || IBM

Angélique Kidjo || Musician

Arunma Oteh || University of Oxford

Aya Chebbi || African Union Commission

Bethlehem Tilahun Alemu || soleRebels

Bineta Diop (H.E) || African Union Commission

Binta Toure Ndoye || The Orabank Group

Bogolo Joy Kenewendo || Batswana Cabinet Minister

Bonang Matheba || Media Personality

Carole Wainaina || Africa 50

Caroline Abel || Central Bank of Seychelles

Caster Semenya || Athlete

Catherine Samba-Panza (H.E) || Former President, Central African Republic

Cessouma Minata Samate (H.E) || African Union Commission

Chimamanda Ngozi Adichie || Author

Clare Akamanzi || Rwanda Development Board

Coumba Toure || Africans Rising Movement

Cynthia Samuel-Olonjuwon || International Labour Organisation

Delphine Maidou || Allianz Africa

Diane Karusisi (Dr) || Bank of Kigali

Elisabeth Medou Badang || Orange Africa

Elizabeth Elango Bintliff || Junior Achievement Africa

Ellen Johnson Sirleaf (H.E) || The Elders

Farida Bemba Nabourema || Togolese Civil League

Fatima K. Mohammed (H.E) || United Nations

Fatma Samba Diouf Samoura || FIFA

Fatou Bom Bensouda || International Criminal Court

Fatou Jagne Senghor || Article 19 West Africa

Folorunsho Alakija || Famfa Oil

Genevieve Nnaji || Actress

Gladys Kokorwe || National Assembly of Botswana

Graça Machel || Graca Machel Trust

Hanna Tetteh (H.E) || United Nations

Kamissa Camara (Hon) || Malian Cabinet Minister

Ibukun Awosika || First Bank of Nigeria

Ilwad Elman || Elman Peace and Human Rights Center

Irene Ovonji-Odida || The Uganda Association of Women Lawyers

Jackie Chimhanzi (Dr) || African Leadership Institute

Janine Kacou Diagou || Nsia Groupe

Jeannine Mabunda Lioko || DRC National Assembly

Jewel Taylor (H.E) || Liberian Vice President

Josefa Leonel Correia Sacko (H.E) || African Union Commission

Joyce Aryee (Dr) || Newmont Ghana Gold Ltd

Joyce Msuya || United Nations Environment Programme

Joyce-Ann Wainaina || Citi East Africa

Judy Dlamini (Dr) || University of the Witwatersrand

Juliana Kantengwa (Dr) || Pan African Parliament

Julie Gichuru || Acumen Communication Ltd

Justice Irene Mambilima || Supreme Court of Zambia

Justina Mutale || Justina Mutale Foundation

Khadja Nin || Musician

Leymah Gbowee || Gbowee Peace Foundation Africa

Linda Ikeji || Blogger

Louise Mushikiwabo || Organisation Internationale de la Francophonie

Lupita Nyong’o || Actress

Mandisa Maya || Supreme Court of Appeal of South Africa

Mariam Jack-Denton || National Assembly of the Gambia

Matshidiso Rebecca Moeti (Dr) || WHO

Maya Hanoomanjee || National Assembly of Mauritius

Meaza Ashenafi || Federal Supreme Court of Ethiopia

Michelle Ndiaye || Africa Peace and Security Programme

Mo Abudu || Ebony Life TV

Monica Geingos (H.E) || Namibian First Lady

Mosun Belo-Olusoga || Access Bank PLC Nigeria

Nadia Fettah || Saham Finances

Ngozi Okonjo Iweala || Gavi Alliance

Nicky Newton-King || Johannesburg Stock Exchange

Nkosazana Dlamini-Zuma (H.E) || South African Cabinet Minister

Nunu Ntshingila || Facebook Africa

Obiageli Ezekwesili || Transparency International

Omotola Jalade Ekeinde || Actress

Osaretin Demuren || GT Bank PLC Nigeria

Oumou Sangaré || Musician

Phumzile Mlambo-Ngcuka (Dr) || UN Women

Precious Moloi-Motsepe (Dr) || African Fashion International

Priscilla Schwartz (Dr) || Sierra Leone Cabinet Minister

Priscillah Mabelane || BP Southern Africa (Pty) Ltd

Rebecca Akufo-Addo (H.E) || Ghanaian First Lady

Rebecca Enonchong || Apps Tech

Rebecca Kadaga (Rt. Hon. ) || Parliament of Uganda

Retselisitsoe Matlanyane (Dr) || Central Bank of Lesotho

Saara Kuugongelwa-Amadhila (Rt. Hon. Dr) || Namibian Prime Minister

Sahle-Work Zewde (H.E) || Ethiopian President

Sarah Mbi Enow Anyang Agbor (Prof H.E) || African Union Commission

Sheila Tlou (Professor ) || Global HIV Prevention Coalition

Sola David-Borha || Standard Bank Africa

Sophie Ikenye || BBC Focus on Africa

Tiwa Savage || Musician

Tsitsi Masiyiwa || Higherlife Foundation

Vera Songwe (Dr) || United Nations Economic Commission for Africa

Verónica Macamo || Assembly of the Republic of Mozambique

Wendy Lucas Bull || Absa Group Limited

Winnie Byanyima || Oxfam International

Yvonne Chaka Chaka || Musician

Gambians finally lay their hands on new dalasi banknotes but not everyone is excited

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By Lamin Njie

The new dalasi banknotes have started circulating nearly three months after the Central Bank announced it was replacing the features on the country’s currency. A principal move has been the removal of former president Yahya Jammeh’s portrait on the dalasi currency.

The new banknotes started circulating on Monday August 6 and The Fatu Network has been speaking to Gambians.

Alhassan Ceesay: I don’t think it’s a good thing because if you look at it, we actually spend a lot of money in order to print out those notes. I think the government should look into other things rather than printing out this money.

Musa Gaye: I think the way the new notes look is good. The old notes have a lot of differences. The D100 bills do not look alike, the D50 bills do not look alike and the money has become worn to the point it smells. So I think this is the best [thing to do].

Fatou Conteh: These new notes is better than the last one because the last one is not very nice and it’s all mopped up all the time but this one looks very good and it’s quite independent. You see a lot of Gambians in there. It’s original.

Bubacarr Keita: I just got the new D100 bills and I think it’s important that we have new banknotes. The money we had here symbolised an individual because it bore the face of our former president. So I think it’s good we are having new notes.

Amie Jobe: It’s pointless to have a portrait of presidents on the currency because a president will not be here forever. So this is a good move.

It was in May this year when the Central Bank of The Gambia announced that the country’s currency, the Dalasi, will no longer bear former president Yahya Jammeh’s portrait. The apex bank said at the time the dalasi currency will now bear features that are ‘representative’ of The Gambia. The features include various bird species in the country and historical sites.

The new banknotes in circulation include the D5, D10, D20, D50, and D100 bills. The D200 is not yet in circulation. The D25 bill has been scrapped.

 

 

CRC fires back at critics

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By Lamin Njie

The Constitutional Review Commission has rejected suggestions its external consultations were senseless ventures.

Criticism abounded after the CRC announced in March this year that its officials will travel around the world between April and June to obtain the opinion of Gambians on the new constitution. Fourteen million dalasis was spent on the venture, one million more than what was spent on internal consultations.

On Wednesday, the CRC insisted the external consultations are justified with the commission’s chairman telling journalists at a press conference the criticism was coming from people who have not contributed anything to the new constitution project.

Cherno Jallow said: “You are talking of a difference of about just a million dalasis between the internal consultations and the external consultations.

“So you can draw your own conclusions as to whether it was really worth the exercise and I can tell you when you make that analysis, do it in a way that will include opinions from Gambians in the diaspora that have participated and I am emphasising ‘[those] that have participated’ because we’ve seen a lot of criticism and [there’s] nothing wrong with criticism.

“But a lot criticism of the external consultations [come] from persons who have to date not contributed a single word to the CRC process. So why should we stop other Gambians benefitting from the relevant platforms to engage with us and contribute ideas to the constitutional review process?”

 

 

On the Consequences of Fiscal Profligacy: Drama at the National Assembly

What happened in the chambers of our National Assembly last week was worthy of the box office. Our finance Minister appeared on set for an extraordinary session of the Assembly. The motion involved the reduction of excise taxes on alcoholic beverages after he made the unprecedented fiscal blunder of raising these taxes by 750 percent. The other matter at hand was the ratification of a loan agreement to the tune of 3 billion Dalasis earmarked for projects related to the government’s bid to host the OIC Summit for 2022.

 

The Finance Minister, who will surely be remembered for his shenanigans in the National Assembly during the debate on the Supplementary Appropriation Bill of 2018, might have pulled off a sequel of getting away with stuff but he lost the plot to some experienced members of the legislative chamber who upstaged him and stole the show.

 

The Oscar for the best performance in the drama went to Honourable Sidia Jatta of Wulli. Honourable  Jatta earned the award for some noble, dignified reasons. One of the reasons was his impassioned plea to the government to get its priorities right by treating real life issues of access to clean drinking water and the plight of victims of natural disasters, as opposed to the cosmetic projects associated with the OIC. Sidia’s submission on the above issue was highly dramatic and rightly so.

 

Unable to match this great caliber of clear-headedness, the Finance Minister bored the assembly (and by extension the entire nation) with lame comedy. Of all the reasons he could have advanced for his hiking of excise taxes on alcoholic beverages, our finance minister gave us the risible explanation that the move was meant to curb the rise of alcohol consumption by young people.

 

I was shocked and disappointed to have heard such a deceptive and amateur explanation advanced by someone who is supposed to be one of the most seasoned public finance experts in our country.It is not permissible in our culture to say that what an elderly person said is not true, but, to borrow from our high school literature classic “Gulliver’s Travels,” we can comfortably and euphemistically say that our Finance Minister “has said the thing which is not!”

 

The minister got the run for his money from the Honourable National Assembly member from Serekunda. The immutable Halifa Sallah challenged the minister’s reasoning, asking him why didn’t government simply ban the production of alcohol if the state believed that alcohol consumption is rising with deleterious effects on the youth.

 

Misplaced priorities and spurious, if not incredulous announcements seem to be reigning supreme at our Finance Ministry. Having brought us an 11th-hour supplementary appropriation bill last year, the ministry went further to propose and implement a most disingenuous 50 percent increase in salaries of civil servants.

 

When these fiscal and financial time bombs were being set, I weighed in with op-eds to raise alarms. My first essay, On the Proposed Salary Increment centered on the most crucial question: the where. Where would the Finance Minister find the resources needed to fund his planned quantum jump in salaries? Since no new sources of funds have been identified to pay for this immense spending, the obvious answer is that the Finance Minister banked his hopes on robbing Peter to pay Paul. He would simply take out more loans and incur more debts for the government to finance the salary increase. And tax hikes, too. This is bad economics.

 

My second op-ed, On The Audacity of Fiscal Profligacy, decried the way and manner in which the supplementary appropriation bill fiasco was handled by the finance ministry.

 

And when the matter of the most irresponsible and counterintuitive 750 percent tax hike came to pass with a most destabilising effect on our main national brewery, I had to come back with another op-ed, On the Consequences of Fiscal Profligacy.

 

A debate ensued on this matter that actually culminated in the presentation of a new proposal to the National Assembly by our finance minister. What bothers me is the Finance Minister’s audacity to come to the National Assembly with such a daring false premise of pronouncing that the initial hike in the tax on alcoholic beverages was motivated by the need to curb alcohol consumption? Does this man think that Gambians are fools or that we are all sleeping? Is it not down right disrespectful for him to advance such a laughable reason for what was nothing but a reckless tax hike based on nothing but the desire to fill the gaps created by his voracious fiscal binge in the 2019 budget?

 

And lest I forget, would the National Assembly ask the Finance Minister where is he going to get the extra resources that would be needed to compensate for the loss of revenue that would be occasioned by the revision of the tax rate approved during this particular extraordinary session of the Assembly.

 

Fasten Your Seatbelts 

 

Our fiscal spacecraft is flying on some turbulent path and Gambians must brace up for a bumpy ride in our macroeconomic trajectory for the rest of this year and beyond. Unless the authorities cook up the inflation numbers (and I believe they are capable of doing that given the daring overtures of our finance minister), we are sure to see a steady rise in inflation in the weeks and months to come. The potential cover-up should not come as a surprise since a supposedly autonomous institution like the Central Bank is bold enough to mask our fiscal numbers with intent to hoodwink the unsuspecting masses.

 

Why in the world would the Central Bank omit fiscal numbers from the press releases they issue after their Monetary Policy Committee Meetings? Fine, they backtracked on that and they have now included those numbers after an outcry. But then why are they publishing the budget balance “including grants” rather than the more transparent and more useful aggregate of budget deficit “excluding grants” which is a more useful indicator in the matter of fiscal sustainability.

 

If word on the street that the IMF and allied partners might withhold budget support this year turns out to the true, then my prediction of higher inflation would be outpaced by the actual outrun. The money market that has been unfairly and unreasonably ‘backstabbed’ by the monetary authorities in crushing the policy rate may go into turbulence as well if the government does the expected — shores up resources to finance the anticipated attendant fiscal gap.

 

Will our economy be able to weather the storm that is gathering this summer and beyond?

 

Under these circumstances, the least we deserve from our fiscal authorities is to tell us the truth so that together we can work out solutions for a problem THEY created but the effects of which are going to strike us all.

 

Momodou Sabally

 

Former Secretary General, National Budget Director, research economist.

 

Reaction to the Recommendation to Release the ‘Junglers’ Killers – Part II

In the Attorney General’s attempt to rationalize the recommendation to release confessed killers to the society, he gave the victims and Gambians a false choice between on the one hand releasing the killers or on the other hand keeping them in custody without trial in contravention of the laws of the country. He went further to suggest that people, including the victims, who do not agree with his decision to release the killers condone the violation of the human rights of the killers. Nothing could be further from the truth.

We respect the human rights of everyone, including confessed killers. Which is why I would submit that there is a third option the Attorney General should have pursued. The Attorney General should have charged these people a long time ago and sought guilty pleas from them. Even if that means they will not cooperate with the TRRC, so be it. We have to understand that the TRRC is not the ultimate goal here. Justice for the victims is the ultimate goal. Call it transitional justice or any other fancy characterization. The TRRC is just a mechanism for getting to justice. And in my opinion, it’s a poor mechanism compared to a functioning court system.

The Attorney General’s claim that the criminal justice system cannot run parallel with the TRRC is neither based on sound legal reasoning nor on solid strategic grounds.

Legally, the Constitution mandates the Attorney General, through the Director of Public Prosecutions, to charge people who violate our laws. The Constitution does not say that he should only bring charges when he gets a referral from a body such as the TRRC. Not even the TRRC Act contemplates that reading of the law. On the contrary, according to the Act the commission can only make recommendations and the Attorney General is free to ignore the recommendations. Judging by what they did to the recommendations from the Faraba Commission, it is highly likely that this government is not going to act on recommendations to prosecute from the TRRC if those recommendations do not align with their political benefits.

Strategically too, it takes nothing away from the TRRC process if witnesses such as the confessed killers under discussion are charged and punished before they appear at the commission. Matter of fact, their testimony before the commission will be more credible if they give it after they have been sentenced and without the expectation of leniency. But as things stand now, detractors of the TRRC can claim that these witnesses are being induced to give false testimony in exchange for amnesty. You avoid that accusation by sentencing them before they appear at the commission.

Finally, to show that not even the Attorney General believes in the notion that Gambians who committed crimes during the Jammeh dictatorship should not be charged while the TRRC is ongoing, just witness what the government did in the case of Yankuba Touray. Is Yankuba Touray not being charged with crimes committed during the dictatorship? Is this government telling us that it is more offensive to refuse to testify before the TRRC than to slaughter innocent Gambians? So if Yankuba Touray came to the commission and lie to the Gambian people, we should reward him by not holding him accountable? This is precisely why some of us have argued against commissions of inquiries for the past two decades. It doesn’t work. It’s a mockery to our African justice systems. I understand the Attorney General when he says that it’s practically impossible to charge everyone. True. But no one is asking him to charge everyone. We want him to charge confessed killers. It doesn’t get worse than these people. Or is the threshold that everyone below Yaya Jammeh should go free because they do not bear the ‘greatest responsibility?’ If the Attorney General is working on that premise, he needs to articulate that to the Gambian people and see if people buy that.

Muhamad Sosseh, Esq.
Washington DC

August 7, 2019

ECOWAS Commission calls for whistle blower protection laws

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The ECOWAS Commission on Tuesday urged ECOWAS Parliamentarians to enact laws and take other appropriate measures to protect whistle blowers in the sub-region.

Mr Eyesan Okorodudu, Head, Democracy and Good Governance, ECOWAS Commission, said this in a paper he presented on “ECOWAS Protocol on Anti-Corruption and the Regional Network (NACIWA): What Progress?”

He gave the presentation at the Delocalised Meeting of the Joint Committee on Political Affairs, Peace, Security and APRM, Gender, Women Empowerment, Social Protection, Legal and Judicial Affairs held in Burkina Faso.

The theme of the event which is “Status of Implementation of ECOWAS Protocol A/P3/ 12/ 01 on the Fight Against Corruption: ECOWAS Parliament’s contribution thereto” is to give the overview on implementation of the Protocol which was adopted in Dakar in Dec. 2001.

Okorodudu said that the Article 5 of the fight against corruption A/P3/ 12/ 01 was of must important to the commission which borders on preventive measures.

“We want to make the parliamentarians realize that there is need for them to work around measures to protect whistle blowers.

“Because now, with the aid of social media a lot of whistle blowers do come up with very strong evidential reports on corrupt practices and when you see it on social media it becomes an all comers.

“In one of the member states the whistle blower policy did not see the light of day in the parliament and you have to get an executive order.

“It is interesting to know that with the executive order you can work to an extends, it has some limitation but when you have a law enacted like protocol requires then certainly you can do a lot to protect whistle blower.

“And also whistle blower can get the benefit of their civil responsibilities which the laws of whistle blower provide for them.”

He said that the 15 member countries of NACIWA adopted the strategy of protection tool that ECOWAS have put in place imploring them to set up a law on whistle blower stating that it was very cost intensive to embark on whistle blower policy.

“A percentage is meant to be given to the whistle blower, but the danger involved in protecting the whistle blower, the strategy involved, once you blow the whistle corruption fight back.

“And if it fights back, there are certain mechanism that needs to be put in place, one of them will be relocating the entire family of that individual.

“And people go behind the scene to expose the whistle blower, so we need to get the whistle blower policy to guide member States to come up with their laws, so if you have it as a law then the State is totally involved.”

Okorodudu, however, recommended that government should give the Anti-corruption agencies independent powers to prosecute corruption matters.

He said that media and CSO’s should ensure their oversight roles on monitoring corruption cases is done with transparency.

However, Mr Mahmoud Riadds, a Researcher with the University of Benin said that a participatory approach was needed in the fight against corruption.

He said that with the participatory approach people should not seat in their offices but meet with other relevant stakeholders to prevent corruption.

Riadds said that judges needs to be careful because they are pacesetter and if they compromise the State will be weaken and won’t be stable.

He said that in the fight against corruption, mechanisms should be emplaced to protect the life of the whistle blower. (Vanguard)

 

Detained junglers not yet freed but they will regain their freedom once everything is sorted out – Army

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By Lamin Njie

The Gambia Armed Forces on Tuesday confirmed that three detained soldiers are yet to be freed.

Malick Jatta, Omar Jallow and Amadou Badjie are set to regain their freedom following a decision by Justice Abubacarr Tambadou that the three soldiers be released. The killers have been in detention for two and a half years but rumours abounded Tuesday that they have been released.

The Gambian army’s spokesperson Major Lamin K Sanyang told The Fatu Network on Tuesday the men are yet to be released.

“They are still not released. This thing is a process and takes some time. They can only be released once everything is finalised,” Sanyang added.

Junglers: Group slams Ba’s decision, says it will undermine reconciliation

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By Lamin Njie

The Gambia Center for Victims of Human Rights Violations has expressed concern at the decision by Justice Minister Abubacarr Tambadou to release three detained junglers.

Justice Minister Tambadou last Friday cleared the release from custody of Malick Jatta, Omar Jallow and Amadou Badjie. The three men who were part of former president Yahya Jammeh’s killer squad have been in detention for two and a half years. One of the men was the one who murdered top Gambian journalist Deyda Hydara.

Reacting to Mr Tambadou’s decision on Tesuday, the Gambia Centre for Victims of Human Rights Violation slammed the justice minister’s decision as ‘a quick one, which needed dialogue and further consultation with victims and other stakeholders to reach a compromising decision.’

“Such a decision will undoubtedly undermine the national reconciliation and healing efforts ushered by the ongoing truth seeking process of the TRRC,” the group said.

My Take on AG Tambadou’s Decision to Release the Jungulars

After carefully considering all the facts, I agree with the AG.
Going against the grain, and finding yourself on the opposite end with the people whose cause you are championing is the most difficult part of this decision. I have been pondering over this the last couple of days.

The victims and families can be rest assured; I will not shrink an inch from the responsibility to fully protect their interests and making sure justice is delivered. It is in fact to that end that I arrived at this decision. The Justice Minister and I had a very lengthy discussion on this matter and I trust he will do the right thing, I urge all of us to give him the benefit of the doubt.


At the end of the day – when the dust settles, the process is over, and the curtains have been drawn to clear the stage for the next chapter, everyone must be brought before a court of law whose case is a YES to any or all of the following criteria:
-Does the action meet the legal threshold of Looting of state resources?


-Does the action meet the legal threshold of Committing torture?


-Does the action meet the legal threshold of Committing murder?


There should be no Ifs or Buts about it. This is my position and I will join others to fight to make sure that is the case.
We could have done this differently, but since we have all decided to put our faiths in a Truth, Reconciliation and Reparations Commission process – a process that is ongoing, with many perpetrators who committed some of the most evil crimes testifying and allowed to continue with their lives until the Commission finalizes its recommendations, I believe we should exercise patience while of course maintaining our vigilance.


The release of these evil murderers is a very controversial one, and after speaking to him, i have no doubt Tambadou is well aware of that. But let’s also remember that this is neither an amnesty nor a deal to let these men to go scotfree – it is geared towards consistency which is very crucial in all matters of justice and incentivizing truth telling. These men will have to be brought before a court of law where their fates will be ultimately decided. As long as that prospect is not compromised or should I say; as long as the Justice Ministry is not compromised on that prospect, I urge restraint on our part to see the process to its justice delivery conclusion. We shall overcome.

Brazil prisoner who dressed up as daughter to escape found dead

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BBC NEWS

Prison authorities in Brazil have found convicted drug dealer Clauvino da Silva dead in his cell, three days after an elaborate escape was foiled.

Prison officials said it appeared that Silva had hanged himself.

Guards on Saturday stopped Silva as he tried walk out of the prison disguised as his teenage daughter.

A video showing him removing his disguise – which included a silicone mask and a wig – piece by piece received widespread media coverage.

Photo released by the Rio de Janeiro state prison authorities of Clauvino da Silva disguised as his daughter
Image caption Silva’s attempted disguise, pictured by prison guards

Silva was 42 and was serving a sentence of 73 years and 10 months for drug trafficking.

On Tuesday guards found him in his cell in Bangu 1 prison in Rio de Janeiro state, to which he had been transferred after his unsuccessful escape attempt.

Brazilian news site O Globo reported that he had been held in solitary confinement since his transfer.Presentational grey line

Silva made headlines after he attempted to escape from Bangu 3 jail by donning a silicone mask, black wig, glasses, bra and T-shirt in an attempt to look like his 19-year-old daughter, who had visited him.

Guards were not fooled by the disguise and took a video of Silva as he removed his disguise step by step.

Silva’s daughter, who had stayed in his cell while her father tried to escape, was being investigated along with eight other people for their alleged involvement in the attempted jailbreak.

Silva had escaped from prison once before, in 2013, when he absconded through the sewer system of a jail in Gericin. He was later apprehended.

Madi agrees with Justice Minister on his decision to release the junglers albeit with pain

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Madi Jobarteh has said that it is his belief that Justice Minister Abubacarr Tambadou is right on his decision to release three detained junglers.

Justice Minister Tambadou last Friday cleared the release from custody of Malick Jatta, Omar Jallow and Amadou Badjie. The three men who were part of former president Yahya Jammeh’s killer squad have been in detention for two and a half years.

Speaking on the justice minister’s controversial move in a write-up posted on his Facebook page, Madi Jobarteh said: “Let me go straight to the point: TRRC was set up simply because we endured an autocratic rule which was notorious for massive violations of human rights. The foremost instrument of violations was the Junglers. The Junglers were terrorists of the most notorious degree. Until now each and every Gambian feared that the Junglers posed a clear and present danger if they are not contained. While the Junglers must and will face justice the Government on its part must be seen to be in line with the idea, the process and the objective of the transitional justice process.

“TRRC is the foremost institution at the top of the transitional justice process to ensure truth telling as a right of victims and the basis for justice. Therefore, so long as the TRRC is going on it means other inquiries, detentions and prosecutions of the human rights abuses between 1994 – 2017 would have to be suspended until the truth commission is done. If they are done, then they must be in support of the TRRC process. This is because the whole idea of the TRRC is to expose the truth about that Yaya Jammeh Regime as a first step in order to bring about justice, reparations and reconciliation. Hence so long as TRRC hearings are ongoing we cannot at the same time arrest, detain and prosecute people for the crimes they committed when those same crimes are the subject of the TRRC enquiry.

“In light of this no one should have been arrested in the first place. Rather everyone should be encouraged to come forward to speak the truth about one’s experience, commissions and omissions. The TRRC Act has stated that it can even order any individual to testify and it is a criminal offense to refuse to testify or give false testimony for which one is liable for prosecution. Therefore, so long as one has not refused to testify or provided false testimony then it will be difficult to justify arresting or detaining such a person regardless of his crime.

“From that perspective I think the Minster of Justice is right that these Junglers be released. Failure to release them means holding them beyond what the law provides which is 72 hours maximum. By holding them without trial for more than the constitutionally required time limit means the rights of these people are being violated. In that case we would have succeeded to make perpetrators become victims since their rights are damaged due to prolonged detention without trial. We should avoid such violation in the new Gambia ever again. Human rights must prevail at all times regardless of who is involved. We cannot do to Junglers what they did to us. We must only make them face justice.”

With Pain, I Agree with Minister Tambadou To Release Junglers

Let me go straight to the point: TRRC was set up simply because we endured an autocratic rule which was notorious for massive violations of human rights. The foremost instrument of violations was the Junglers. The Junglers were terrorists of the most notorious degree. Until now each and every Gambian feared that the Junglers posed a clear and present danger if they are not contained. While the Junglers must and will face justice the Government on its part must be seen to be in line with the idea, the process and the objective of the transitional justice process.

 

TRRC is the foremost institution at the top of the transitional justice process to ensure truth telling as a right of victims and the basis for justice. Therefore, so long as the TRRC is going on it means other inquiries, detentions and prosecutions of the human rights abuses between 1994 – 2017 would have to be suspended until the truth commission is done. If they are done, then they must be in support of the TRRC process. This is because the whole idea of the TRRC is to expose the truth about that Yaya Jammeh Regime as a first step in order to bring about justice, reparations and reconciliation. Hence so long as TRRC hearings are ongoing we cannot at the same time arrest, detain and prosecute people for the crimes they committed when those same crimes are the subject of the TRRC enquiry.

 

In light of this no one should have been arrested in the first place. Rather everyone should be encouraged to come forward to speak the truth about one’s experience, commissions and omissions. The TRRC Act has stated that it can even order any individual to testify and it is a criminal offense to refuse to testify or give false testimony for which one is liable for prosecution. Therefore, so long as one has not refused to testify or provided false testimony then it will be difficult to justify arresting or detaining such a person regardless of his crime.

 

From that perspective I think the Minster of Justice is right that these Junglers be released. Failure to release them means holding them beyond what the law provides which is 72 hours maximum. By holding them without trial for more than the constitutionally required time limit means the rights of these people are being violated. In that case we would have succeeded to make perpetrators become victims since their rights are damaged due to prolonged detention without trial. We should avoid such violation in the new Gambia ever again. Human rights must prevail at all times regardless of who is involved. We cannot do to Junglers what they did to us. We must only make them face justice.

 

Much as the Junglers had indeed committed heinous crimes it will be difficult to justify their continued detention unless if we can prove that they indeed pose actual danger to society. Therefore, where the authorities decide to keep them under custody then it means the Government should prosecute them since these people cannot be held under detention indefinitely. But then the Government cannot prosecute them at the same time as the TRRC process is also ongoing. We expect that at the end of the truth telling process the TRRC will make recommendations to determine the fate of all witnesses including the Junglers. If the TRRC came to recommend that Junglers be prosecuted when the Government had already prosecuted them then how will we address that situation? Remember that an individual cannot be prosecuted twice for the same crime.

 

In one sense, one may argue that if there was any error on the part of the Government was to have arrested these Junglers in the first place. But on the other hand, given the circumstances at the time one could also argue that it made sense to arrest these Junglers immediately because they could be considered ‘enemy combatants’ given nature and association with Jammeh. Secondly and very importantly it is because they were arrested first that we have succeeded to get some of them testify.

 

The question now is for how long will they be detained or will they be prosecuted before TRRC concludes. Certainly, since there is a TRRC process it will not make sense to prosecute them before that process is complete. Secondly given that the existing law in regard to detention, whether in the Constitution or the Army Forces Act is not favourable, it meant the only solution would have been to create a new piece of legislation to legalise and legitimise their continued detention. But could the creation of such a new law be legitimate and necessary?

 

Usually such piece of legislation is used in situations of warfare so that enemy combatants or prisoners of war could be detained for indefinite periods. The Geneva Conventions provide for such conditions of detention but even there prisoners of war have rights including fair trial. But we are not in a state of war. Secondly I do not think we should take the path of the US where they detain people at Guantanamo indefinitely without trial and defend that by claiming that they are ‘enemy combatants. We have seen how the US is under severe pressure for that action. It appears the continued detention of the Junglers would look like the Guantanamo situation. That is not a tenable position.

 

The part of the argument I do not buy is to say that by releasing these Junglers who testified will encourage others to also come forward. The testimony of Ismaila Jammeh clearly shows that not even all those under custody would testify the truth much less those who have never been captured. I think there are some Junglers who are prepared to face firing squad than to testify or testify truthfully. Hence what is important is for the Government to seek other means to get these Junglers to either testify or seek their capture and prosecution when the TRRC has finished its work.

 

While their arrest indeed turned out to be beneficial given their testimonies so far yet having kept them for almost three years also means Junglers posed no more threat to society. We are yet to see any assault on the Gambia by the Junglers at large. Furthermore, the testimonies of Malick Jatta, Omar Oya Jallow and Amadou Badji have in fact further weakened the Junglers and put more pressure on them. In that case releasing these Junglers becomes necessary and critical in obtaining more truth and closure.

 

I think what we need to monitor more closely is that the Government puts in place all necessary safeguards to ensure that these Junglers do not escape or pose any more danger to society when they are released. But even where they escape, we should bear in mind that there is no safe haven for international crimes such that anywhere they go in this world they will be on the run and hiding. In most countries of the world they will be arrested and extradited back to the Gambia or tried in that country as we see with Ousman Sonko in Switzerland. This is the obligation that international law imposes on all countries of the world. Therefore, in the final analysis Junglers will have to face justice.

 

Looking at this very sensitive issue from another perspective is that failure to release these Junglers means the Government will now have to justify why it should therefore not also arrest, detain and prosecute Alagie Kanyi, Pa Senghore, JCB or Alagie Martin among other torturers and killers who are free in their homes and offices when they have also testified in committing international crimes. Even though the Junglers had indeed tortured and killed many more people yet those who also killed even one life cannot be left off the hook.

 

In conclusion, I think citizens need to do lot of reflection and analysis of the big picture as to how to go forward. We must agree that so long as the TRRC process is unfolding there cannot be detention and prosecution of people for the same crimes they are confessing before the TRRC. It is either we stop the TRRC process and prosecute all perpetrators or we let all perpetrators first testify without detention so that TRRC determines, at the end of the day, who will be prosecuted or given amnesty among other forms of justice. But we cannot have both processes going on at the same time.

 

In that case I think we must all trust the TRRC to deliver as per the very objective of the transitional justice process. For that matter what is required of citizens is to become eternally vigilant to ensure that when the TRRC provides its recommendations to the Gambia Government those recommendations are implemented on time and in full. We must bear in mind that the very future of the Gambia rests on the TRRC process hence we must take a position that facilitates truth telling and prevents undermining the integrity and credibility of the process. Truth commissions are mechanisms of bringing out the truth in order to not only ensure justice but also restore rights and dignity of individuals and help a society to reform and rebuild after having undergone a violent conflict or authoritarian rule.

 

Victims and the rest of citizens must have confidence in TRRC and the transitional justice process. The fact that we have received such highly truthful testimonies from the first three Junglers at least should serve as a significant achievement for justice and closure. It is indeed a painful idea that angels of death such as these Junglers could live in our society freely and openly even for a short period while victims are crying and grieving. But if we recognise and appreciate where our society came from and what it needs to do in order to be better and ensure justice then we must massage our hearts and reflect deeply to realise that it will take lot of painful decisions before we reach the desired destination.

 

In light of these issues highlighted above I wish to stand with Minister Aboubacarr Tambadou that it is a right decision to release these Junglers now.

 

For the Gambia Our Homeland

……………………………………………..

Madi Jobarteh

Skype: madi.jobarteh

Twitter: @jobartehmadi

LinkedIn: Madi Jobarteh

Phone: +220 9995093

 

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