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Putting an End to Impunity

Fatu Camara
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Putting an End to Impunity

 

As the government marches towards the establishment of a commission to look into the
atrocities of the Jammeh regime, it is important that it continues to engage the Gambian
citizens, especially the victims, and be upfront about what it is trying to do. It is
incumbent upon the government to explain to Gambians and friends of The Gambia the
nuances surrounding the so called Truth and Reconciliation Commission (TRC)
mechanism it wants to invoke. Some of us seem to place too much emphasis on the
reconciliation and forgiveness aspects of TRCs; thus prioritizing perpetrators of heinous
crimes over the victims of such crimes; and unwittingly promoting impunity in the
society. My focus is on the wisdom of discarding regular courts and replacing them with
commissions to deal with criminals. In other words, I am more concerned about the
vehicle we want to use to arrive at the reconciliation the government is seeking. I
submit that punishing criminals before regular courts and reconciling with criminals after
they have paid their debt to society are not mutually exclusive.

 
It is very important that people realize that the TRC concept goes against the norms of
civilized societies when it is used as a tool to avoid holding criminals accountable for
their crimes. Therefore, it is wrong to put victims and societies on the defensive, by
asking them at this early stage of the process to forgive their tormentors. Moreover, it
does not help to make it sound as if it is somehow uncivilized and vindictive for victims
to demand that criminals be punished. It is praiseworthy for people currently in power,
who suffered under the Jammeh regime, to now appear self-righteous and
magnanimous and willing to absolve criminals who wronged them in the past, including
criminals who never acknowledged wrongdoing, let alone seek forgiveness.

 
The other victims, however, should know that there is nothing wrong in demanding that
criminals in our society be punished for their crimes. That is a normal and civilized thing
to do. No civilized society should tolerate impunity. I reiterate that no one is asking for
revenge here. For instance, no one is demanding that Jammeh’s children be shot or he
himself and his vice president be summarily executed without trial, like they did to our
children on April 10 and 11, 2000. What the victims deserve is for the government to
apply our laws and international norms to hold people accountable and quit putting the
onus on the victims to forgive people who are not even looking for forgiveness.

 
When Gambia signed on to the Rome Statute, it “[affirmed] that the most serious crimes
of concern to the international community as a whole must not go unpunished and that
their effective prosecution must be ensured by taking measures at the national level and
by enhancing international cooperation.” Our government also pledged “to put an end
to impunity for the perpetrators of” certain crimes, including the cold-blooded massacre
of innocent and defenseless children on April 10 and 11, 2000. I call upon our
government to, at a minimum, honor its international obligations and take “measures at
the national level” to ensure that the April 10 and 11, 2000 Massacre is effectively
prosecuted and it “must not go unpunished.”

One can argue that the atrocities committed in The Gambia are not in the magnitude of

the genocides in other countries. But here is where Gambia steps up to serve as a
model for the world by showing that we will vigorously pursue justice even if only a
single Gambian is murdered by our political leaders. Let us be the nation that set the
threshold for prosecuting brutal political leaders who commit crimes against their
defenseless citizens. As I, and many, have argued, ours is not a polarized society where
you have hundreds of thousands of victims and perpetrators on opposing sides, ready
to plunge the society into chaos if perpetrators are punished for their crimes. Even
places such as Rwanda, with a far more complex situation than we are faced with,
ensured that certain criminals were appropriately prosecuted before putting forth
reconciliation mechanisms. We, on the other hand, have thousands of victims and a few
criminals in our midst, who can be dealt with through our regular courts. Setting up
another toothless commission to deal with the April 10 and 11, 2000 Massacre, for
instance, is akin to designing a solution for a problem that does not exist, in my humble
opinion.

The government will do a major disservice to the citizens if it lets murderers go scot-free
simply because they appeared before a commission of inquiry and confessed to their
crimes. The government should desist from putting pressure on the victims to reconcile
with perpetrators of heinous crimes who have not faced justice. Why can’t we put
pressure on the criminals to accept whatever punishment society imposes on them in
good faith and then seek the forgiveness of their victim? It is offensive to insinuate that
the victims are the bad guys here, because they do not want to forgive criminals. It is
equally condescending and offensive to say that it is uncouth and vindictive to demand
that criminals be punished for their crimes. The government should be putting all its
energy towards holding criminals accountable and ensuring that heinous crimes such as
the April 10 and 11, 2000 Massacre never happen in our society again.

Politicians in our midst would be within their rights if they wish to personally forgive
people like Jammeh because they want to woo Jammeh supporters or they are being
magnanimous. It is also understandable if, in the name of self-preservation, politicians
promote toothless commissions over regular courts, because they themselves would
prefer to be brought before a commission should they commit heinous crimes while in
office. Ordinary citizens, though, should never condone impunity; and should
vehemently oppose any ploy to encourage it in our society.

As the Barrow cabinet deliberates on the way forward and how to craft a comprehensive
TRC policy, I respectfully urge them to put the interests of the victims and society at
large ahead of the interests of criminals. There can be no genuine reconciliation if
victims feel that they are being forced to forgive perpetrators of crimes, who have not
shown any remorse and have not paid their debt to society. The true essence of a TRC
would be for perpetrators to openly confess their crimes and submit themselves to the
will of their victims and society at large, be it for appropriate punishment or forgiveness.
Perpetrators cannot be guaranteed the latter by the mere act of confession. An
essential part of taking responsibility, is accepting consequence.

Muhamad Sosseh, Esq.
Washington, DC
May 23, 2017

TRUTH AND RECONCILIATION IN THE GAMBIA: A DISSENTING VIEW

Fatu Camara
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TRUTH AND RECONCILIATION IN THE GAMBIA: A DISSENTING VIEW

 

By FODAY SAMATEH

 
I concede that my dissension constitutes a heresy. The Truth and Reconciliation Commission (TRC) that’s about to be empaneled to preside over the unlawful deeds of the ousted regime is popular. What’s more, it’s a key goal of the new administration.

 
I concede further that when the Commission starts its assignment — the truth part of the equation at least — it will make a keen audience out of the nation. The testimonies of victims will force us to relive once more the evil so many suffered at the hands of the regime. And the Commission will surely receive good coverage from the international media and commendations from international organizations as another example of Africa moving in the right direction. Such organizations may even decide to bankroll the Commission.

 
So who could be opposed to such a good thing? This is the question the critics of the TRC will be expected to answer. But it’s a flawed question. It presumes the assumption that there are no better ways to find closure to the despotic rule.

 
The idea of truth and reconciliation had a nice ring to it on the campaign trail. It sent two different messages to two different audiences at the same time. The truth part was for the general public, especially the victims and their families, that the Coalition would investigate the regime. The reconciliation part was for the regime that the Coalition wouldn’t embark on a revenge mission. Given the stakes in challenging an entrenched, paranoid despot in an election, the mixed messages had a clever logic to them.
As a governing choice, however, truth and reconciliation is a confused policy pursued through bureaucratic conceit. Of course, just about everyone who hadn’t played a villain in the regime would love to see the truth come out. But what about the second part of the compound phrase — reconciliation? In theory, reconciliation is appealing. In the context of The Gambian situation, though, who will be reconciling with who? All the three examples — Sierra Leone, Rwanda, and South Africa — the advocates of the TRC advance as models share no resemblance to the our experience. There was no civil war in The Gambia as in the case of Sierra Leone. No ethnic genocide as in the case of Rwanda. No tribal government that enforced tribal discrimination in all spheres of society as in the case of racially-segregated South Africa.

 
What The Gambia experienced was brutal and cruel; and no rationalization must be attempted to mitigate its destructive force and consequences. Still, it was an old-fashioned despotism of a regime preying on its people. No tribal conflict. No regional conflict. No religious conflict. No conflict between the security forces and the civilian population. The despot targeted all elements of society and spared none. The result was a sea of victims who had been killed or violated by a small band of henchmen. The Gambian public, besides the regime’s network of informants, were not complicit in the extra judicial killings, disappearances, tortures, and detentions without trials. All tribes suffered under the regime. And the regime had recruited its gang of killers and torturers from all tribes. The question must be asked again: The TRC will be tasked to reconcile who with who in The Gambia? The gang of killers with their victim’s families? The torturers with the tortured? The rapist with the raped? If the answer is no, then why set up a commission for a purpose it won’t perform?

 
Some people may argue that the killers and torturers and rapists will come clean before the Commission and still be prosecuted for those crimes. Why will they incriminate themselves? The precondition of their testimony before the TRC will be a bargain: They will give the truth and get immunity. In the absence of such a legally binding guarantee, there is no power the Commission can summon to compel them to confess to their crimes. It is their Constitutional right not to testify against themselves if such evidence may be used against them in a future prosecution. As an aside, it is ironic, isn’t it, that thugs who beat confessions out of their victims will enjoy Constitutional protections against legal jeopardy. And if they are granted immunity for their testimonies, forget reconciliation. They walk. No courts can touch them for anything they admit to before the TRC. Is that what we want?

 
Lest we forget, both Sierra Leone and Rwanda had set up UN-backed tribunals to prosecute those most responsible for the bloodbaths in the two countries. The truth and reconciliations were for the thousands of ordinary people who had taken part in the civil war and the genocide respectively. To prosecute everyone who had participated in those conflicts would most likely result in the two very broken nations turning on themselves all over again. Thankfully, The Gambia doesn’t have that problem. A very small number of goons were, on the orders of the despot, responsible for most of the crimes. They need to face justice; not a truth and reconciliation commission.

 
Even the administration or some part of it seems to think so. The police, acting on the directives of the Ministry of Interior, have made some arrests with regard to some high profile murders. They have also gone to court to secure indictments and arrest warrants in other cases, and have applied for extradition of some alleged killers of the regime. All those cases will be tried in the criminal courts. Kudos to these legal remedies. At the same time, it shouldn’t be lost on anyone that these actions are taking the wind out of the sail of the TRC.

 
The president, too, has been saying since the election that there will be truth and reconciliation, but there will be justice also. Whether he gives these assurances because he is aware of the growing demands to prosecute the crimes of the regime is unclear. And neither he nor any relevant official of his administration has given a policy speech to justify the necessity of truth and reconciliation, and clarify what levels of crime will fall under its purview and what will be referred for prosecution. The often repeated “We need to know what happened” is trite. It’s not a clarification or a justification.

 
The Justice Minister’s argument that we need the TRC to expose the atrocities of the regime for the nation to learn from them and prevent any recurrence of such atrocities in the future is a lame cliche. He’s a minister for justice, not a minister for national therapy. There are many ways we can both punish the crimes of the regime and learn from them without merely imitating what other countries did in their own unique situations. As already pointed out above, what had happened in Sierra Leone and Rwanda were not cognate to what happened in The Gambia. And certainly, what happened in The Gambia was not born of any collective national ignorance. The regime indulged itself in a culture of impunity. And the best antidote to that is to hold its small number of perpetrators accountable to the fullest extent of the law. Charges must be brought in every case that’s provable in court. With that precedence set in our jurisprudence, people will disobey unlawful orders to commit crimes. Reconciliation will more likely incentivize people with the belief that they can commit the unlawful and still be forgiven.

 
Besides the criminal acts, the regime engaged in a culture of corruption. The nation’s resources were misappropriated with abandon on the despot’s behalf. Should those officials who helped defraud the nation be given a pass by the TRC if they own up their roles? Again, based on the despot’s modus operandi, a very small cadre of top officials could have been involved in these corrupt practices. The book must be thrown at all those who broke the law. It’s as simple as that. The despot had set up commissions of inquiry into his predecessor’s administration in the name of rooting out “rampant corruption.” He and his enablers must be given a taste of his own medicine.

 
The legal proceedings will reveal the truth about the regime. In addition, the president or the National Assembly can appoint a commission to investigate and issue a comprehensive report on the crimes of the regime. This commission’s work will have no bearing on the criminal prosecutions much less impede them. That way, we can have both wholesale truth about the regime and justice for its crimes or most of its crimes.

Gambia to pay US$4.6M to Conapro Company

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Gambia to pay US$4.6M to Conapro Company

The Gambia has agreed to pay the sum of US$4.6 million to Conapro Company in the United Kingdom following a difficult and protracted negotiation out of court settlement in the Conapro case, according to Justice Minister Abubakar Tambadou.

The Conapro case was instituted against the Gambia in the courts of the United Kingdom in 2013 by the Conapro Company.

Conapro was claiming the sum of $32 million and possibly rising to $56 million plus interests and other recoverable costs associated with the legal process, says Justice Minister Abubakar Tambadou during a press briefing on Monday at the Ministry’s head office in Banjul

The Gambia faces a potential legal liability bill in excess of two billion dalasis arising from international cases instituted against the government of The Gambia in different fora around the world as a result of the purported acts of former President Yahya Jammeh and some of his close associates.

According to Minister Tambadou, between 30th April and 5 May, they traveled to London to engage Conapro in direct negotiations in order to reach an out of court settlement. He said the negotiated settlement amount is actually lower than the amount The Gambia government was advised to accept by our instructing solicitors in the United Kingdom.

“So far, the Gambia government has incurred over 1 million British pounds sterling in legal costs to defend this case. Instructing solicitors for The Gambia government in the United Kingdom further advised that it will cost the Gambian State at least another 1.3 million British pounds sterling from now to the end of the case if it were to proceed to trial” he said.

Minister Tambadou with delight reported that after difficult and protracted negotiations, they were able to successfully reach an out of court settlement with Conapro for a total amount of $4.6 million to be paid by The Gambia government in installments until the year 2019.

He further stated that the negotiated settlement also gives The Gambia government exclusive ownership of the GFFI Mill at Kamalo in The Gambia.

He announced that the matter has now been brought to a close and that the Gambia government will not incur any further legal costs in this matter. He assured that the Ministry intends to recover every single butut spent not only in this case but in all other cases from former President Yahya Jammeh and his close associates who have caused this financial loss to the Gambian State.

Gambia to host 61st ACHPR Ordinary Session in November

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Gambia to host 61st ACHPR Ordinary Session in November

The Gambia will host the 61st African Commission has unilaterally decided to hold its 61st Ordinary Session of the African Commission on Human and Peoples’ Rights in November 2017 despite requests by other States to host it, says Justice Minister Abubakar Tambedou announced on Monday during a press briefing in Banjul.

As part of efforts to restore The Gambia’s international image, prestige and respectability in the area of respect for human rights, a Gambian delegation attended the 60th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Niamey, Republic of Niger from 8 May. They shared with the Commission The Gambia’s desire to resume its regional leadership role in the human rights crusade on the African continent.

“This also means that our own standards for human rights and justice must be beyond reproach. The Commissioners commended the laudable and positive strides The Gambia has made in the field of respect for and observance of human rights in this short time since the installation of the new government. As a matter of fact, the African Commission has unilaterally decided to hold its 61st Ordinary Session here in The Gambia in November 2017 despite requests by other States to host it. This is welcome news for our country” he announced.

Stakeholder’s conference

Meanwhile, the Ministry of Justice has kick start a national stakeholder’s conference on human rights and justice at the Kairaba Beach Hotel from 23-25 May in partnership with the Institute for Human Rights and Development in Africa and the UNDP.

The conference Minister Tambadou said will bring together various national players from a cross section of the legal, social and political communities in the country as well as international partners from around the world including international human rights organizations and experts in various fields to discuss topical issues on the key priority areas identified by the government for immediate reform.

“These include topics on constitutional review, institutional reform, criminal justice and media law reform etc. Recommendations from these discussions will feed into the broader transitional justice strategic plan already designed and developed by the Ministry” he concluded.

20 female Police & Immigration officers start training on prosecuting skills

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20 female Police & Immigration officers start training on prosecuting skills

Fifteen female Police Officers and five female Immigration attachés Monday began a two-week training workshop on theory-by practice on prosecuting skills, knowledge and practical approaches to court at the Police Headquarters in Banjul.

The training seeks to address the prevailing gender parity in the prosecuting unit.

Speaking at the opening ceremony, Abdoulie Sanyang, the Commissioner of Administration at the Gambia Police Forces on behalf of the Inspector General of Police said in criminal justice system, the police play a vital role. He said if the police fail to do their job there will be no justice as there will be no proper prosecuting and at the end of the day nobody will be convicted.

“We have realized in the past that we were not doing proper policing because our personnel can’t do it. We realize that we did not create the opportunity or we did not give them the necessary equipment so as to do policing in this country properly. The senior management of the Gambia Police Force realized the gaps that are everywhere. The intention of the management therefore, is to build capacities across the board. We have a new dispensation in The Gambia and policing also need to change and if policing need to change we need to have a capacities and knowledge so that we can do properly policing” Commissioner Sanyang stated.

He assured of the high command’s readiness to change the Police Force saying they want to transform the GPF to be one of the best in the sub-region.

“We believe we can do it because we have the capacity to do it. All we need is the funding. Prosecuting is a noble professor done by lawyers and police prosecutors” he said.

Ousman Gibba, Commissioner for Prosecution and Legal Affairs dilated on the significance of the training and urged participants to make best use of the training and to implement the knowledge gain in their respective stations.

“This training is exclusively significant because it is targeting women. It is a clear manifestation of the spirit of closing the gender gaps,” he said.

Commissioner Gibba said they only have few female police prosecutors, saying it is a fundamental priority for the high command in ensuring that no officer regardless of rank or is disadvantage on gender bases is been discriminated.

Inspector Aminata LB Ceesay, the Assistant Station Officer, at the Gender and Child Welfare Unit who is also the guest speaker described the training as timely as the police is undergoing series of transformation in human resources and capacity building.

She said the empowerment of women should be everybody business.

“I want to thank the command of the GPF for their foresight effort in empowering the women in the security services. The participation of women in peace and security is paramount as stated in the UN Resolution. It is through this local training the high command of the GPF recognizes your commitment and if there is an oversea programmes, due to your commitment you will be selected” she said.

Superintendent Momodou Mballow, Course Coordinator also spoke at the opening ceremony while Police Public Relation officer Inspector Foday Conta chaired the ceremony.

Police accuse ex- Jammeh soldiers of killing, dumping bodies in wells

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Police accuse ex- Jammeh soldiers of killing, dumping bodies in wells

 

Police prosecutors in Banjul have issued arrest warrant on dozens of military officers accusing them of killing by different methods and disposing bodies in wells and secret graves in Foni forests during the former regime of Yahya Jammeh.

General Sulayman Badgie, Lt Col Solo Bojang, Lt Col Nuha Badgie, Major Momodou Jarjue, Captain Mustapha Sanneh, Captain Michael Jatta, Staff Sgt Sulayman Sambou, WO1 Nfansu Nyabally and Captain Saikouba Jarjue are alleged to have conspired among themselves sometime in the month of June 2013 in Kanilai with malice and unlawfully caused the death of Ebou Jobe and Alhagie Mamud Ceesay by beheading them with a machete.

Another batch Ousman Sonko [former Interior Minister], Lt Yusupha Sanneh, Sgt Sainey Jammeh[Chess], Saikou Jallow, Lt Michael Sang Correa, Cpt Michael Jatta , Major Sanna Manjang, Major Mustapha Sanneh and Borra Colley are accused of conspiring among themselves in 2006 with malice and unlawfully caused the death of Daba Marena, Manlafi Corr, Ebou Lowe, Alieu Ceesay, Alpha Bah, Julia and Masireh Jammeh by shooting them and throwing their bodies into an old well near Bulloborr village.

Also according to the police, Lt Col Nuha Badgie, Major Momodou Jarju, Cpt Mustapha Sanneh, Cpt Michael Jatta, WO1 Nfansu Nyabally, Staff Sgt Sulayman Sambou, WO2 Malick Manga and Cpl Saikouba Jarju are accused of conspiring among themselves sometime in 2013 at Tintinba forest in West Coast Region and unlawfully caused the death of Ndure Cham by shooting him and burying his body at Tintinba forest.
WO2 Malick Manga, Lt Col Nuha Badgie, Staff Sgt Sulayman Sambou, Major Momodou Jarju, Cpt Mustapha Sanneh and Cpt Michael Jatta are accused of conspiring among themselves in August 2016 at Santanba village in Foni district and diverse places with malice and unlawfully caused the death of Tumani Jallow and Abdoulie B Gaye by suffocating them and burying their bodies.

Major Sanna Manjang, Cpt Mustapha Sanneh, WO1 Nfansu Nyabally and Ismaila Jammeh are further accused of conspiring among themselves sometime in the month of April 2006 within the Foni district and diverse places with malice and jointly caused the death of Ndongo Mboob by shooting him and throwing his body into an old well.

Major Sanna Manjang alone is accused of murder on a separate charge sheet. According to the police bill of indictment, Mr Manjang sometime in 2006 within the Foni district and diverse places with malice unlawfully caused the death of Haruna Jammeh and dropped his body in a well within the Foni district. He is further accused of causing the death of Dawda Nyassi by shooting him in his head.
Prosecutors further alleged Major Sanna Manjang and Kawsu Camara alias Bombardier over the death of Deyda Hydara sometime in 2004.

The police prosecutor, Inspector Saja Sanyang who appeared for the Inspector General of Police applied to the court for the arrest warrant to be issued on the accused persons who are all at large to face trial. He further appealed to the court to transfer the matter to the High Court since the offences are all capital offences which was granted by the presiding Magistrate Isatou Janneh-Njie.

Source: Standard Newspaper

MoHSW changes hospital names

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MoHSW changes hospital names

 

The Ministry of Health and Social Welfare has announced new names for four hospitals. According to a statement from the ministry the names of the following hospitals have been changed with immediate effect:

1. Jammeh Foundation for Peace Hospital changed to Bundung Maternal and Child Health Hospital
2. Sulayman Junkung Hospital changed to Bwiam General Hospital
3. AFPRC Hospital changed to Farafenni General Hospital

The statement urged the public to take notice that all correspondence to these hospitals should bear the new names.

“The ministry of Health and Social Welfare reaffirms its commitment to provide quality, affordable and accessible health care services to the general public and in this regard the ministry solicits the support and cooperation of the general public to adopt and use the new names of the hospitals from henceforth,” the news release concluded.

Source: Standard Newspaper

The Government and Golden Lead Factory are Responsible!

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The Government and Golden Lead Factory are Responsible!

 

By Madi Jobarteh

 

The press release issued by Golden Lead fish factory on Monday May 22 has come as the latest insult to the intelligence and dignity of Gambians perpetrated by this company and condoned by our own government. In the press release the company tells us that they obtained their license through a transparent and official channel from GIEPA and the ministries of Fisheries and Trade. Yet until now none of these State agencies have come out to tell Gambians what is happening in Gunjur and what they are doing about it. But the company instead chose to deny and reject all responsibilities for actions emanating from their activity in Gunjur.

 
In the first place the company said their wastewater is stored in suck-aways and then collected by sewerage trucks. But this is contrary to the reality because the fact is they have pipes buried in the sand going from their factory into the ocean. They also deny that the wastewater is toxic because they claim it is pure water from the fish. This is also not true because the liquid waste is ‘effluent’ and waste in any form is never harmless. Therefore it is clear that this company has decided to misinform and mislead Gambians just to cover up their misconduct in our land.

 
The company again attempts to wash off their hands from the dumping of fish on the beach claiming they have ultra-modern equipment and invested more than 3 million US dollars. This is another attempt to mislead our people because regardless of the equipment or the amount of money they invested, the fact remains that we have never had this kind of situation in Gunjur until this company came into the scene. We have had fisher folks along the coastline for decades and centuries, yet we have never experienced this kind of carnage on our beaches. Rather we see how this company is now putting the blame on suppliers for the dumping of fish yet refusing to accept that those suppliers would not have been there if the company did not require them. The question they need to ask is what have they done to limit or prevent altogether such dumping if indeed they care about the ocean and our environment as they claimed in their misleading press release.

 
To add salt to injury, the company now tells us that this criminal misconduct is because there has not been social dialogue between the stakeholders in the Gunjur landing site. Who are the stakeholders? Did the company make any effort to engage any stakeholders especially the community? Have they listened to the community and take into account the concerns of the people? Is it not their responsibility to engage the community to ensure that in their business activity, no damages are caused or they put in plans to prevent or clean the damage? Yet we see how this company is seeking to play with the minds of our people by bringing in open-ended and self-righteous statements.

 
As if that is not enough, the company went further to say that the “situation is triggered by external factors beyond the control of Golden Lead factory.” But the company did not say who or what are these external factors? This is yet another attempt to shift blame and responsibility from themselves and throw it out to unidentified elements. This is dishonest and criminal that tells us that this company does not mean well for the Gambia.

 
What does the company mean by this statement in their press release: “We call for the organization of the fisheries sector in the Gambia so that issues and challenges in the sector are addressed in the professional manner”? Are they saying that the Gambia Government is not taking the right steps to address the issues and challenges in this sector? What are those issues and challenges? By all indications they seem to be right there because if we could have a foreign company misconduct itself like this yet State agencies remain silent, then it means such a company can have the audacity to say whatever it wants to say. This is why Golden Lead factory is insulting Gambians. This is because our own Government agencies are doing nothing to deal with this issue.

 
Where is the EIA report for this company? How is NEA monitoring this company to ensure that its waste is not dumped into our ocean? It is disheartening to hear the NEA acknowledge that this company never had a treatment plant as required by the EIA recommendation. Yet NEA attempts to give excuse that they were not aware of the malpractices of the company in failing to treat its waste in the right manner. What is GIEPA doing to monitor this company to ensure that it is fulfilling its responsibilities as per its Export Processing Zone License? What are the ministries of Fisheries and Trade doing to ensure that the overall concerns, issues and challenges of the fisheries sector are addressed to make sure our local fisher folks enjoy their full rights and benefits from our ocean?

 
The presence of this company and its misconduct is the responsibility of the Gambia Government and the State must be seen to stand up to fulfill their duty to our country. This press release is full of misinformation, half-truths and outright lies aimed at misleading Gambians. I call on the people of Gunjur and Kartong to remain steadfast and united because the company is now attempting to confuse and mislead so as to bring division among our communities. Remember oppressors and exploiters always seek to divide and conquer the people. If the company wanted to have a dialogue, let it organize community meetings. Let it go to the Governor or the Alkalo or the VDC of Gunjur. But it cannot damage our environment yet tries to caste doubts and criticisms at our people when it is the company that is responsible for the damage.

Close Golden Lead Factory NOW!

God Bless the Gambia.

GOOD MORNING PRESIDENT BARROW

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GOOD MORNING PRESIDENT BARROW

 

Celebration. Yes, it deed there is a good reason to celebrate. Well, the only one not celebrating is the pathetic loser, Goloh Friday. How I wish I was there giving him Barrow’s signature stare as he learns of the freezing of his assets and watch his face twist in rage. We are getting there. And that is what matters. Hon Tambedou warned that there will be no cutting corners and the results won’t be announced now but when tomorrow comes, justice will be appropriately served. Very uplifting. And there was no tint of flakiness on Hon Tambedou as he unveiled the temporary freezing of Goloh’s assets and companies directly associated with him in the Gambia. Cheye aduna. Goloh who was only worth D150 when he stole the presidency from Sir Dawda had 131 landed properties, 88 bank accounts, 14 companies, numerous herds of cattle and chains of farms. No wonder accountability, transparency and probity were judiciously annulled from his glossary. I recollected what Sukai Gaye said when the Minister of Finance disclosed how Goloh wettingly malnourished our national cow by milking her dry. “Okay, I knew #DumbJammeh was enriching himself all that time he was in office, but boy, I didn’t know it was to this magnitude, D48 billion? Dang man! Hana dafdon ngiroo during his last days? This man really did us dirty. We need to organize a search party and get his ass asap”. I am curious to hear what she has to say when she learns of Goloh’s latest loot.

 
When Goloh and his cronies arrived on that black Friday in their bright khakis, we were told they are “Soldiers with a difference”. And we believed them. We trusted them. When others raised eyebrows, they were cajoled to give the young brads a chance. Chance was given. When all chance was spent and reality dawned, we demanded what was ours. Daay date. Bay day, chimed Goloh. It took long, hard and bloody 22 years. To regain our sigh of relief. And now we got Barrow. But they say he slept in Saudi. Who wouldn’t nap when boring Trumpoline is trumpeting? I will snore and dream of smacking his orange cheeky cheeks. President Barrow is a servant leader. The other positive development is the renaming of some of the hospitals. Their new names abolished all reminders of Goloh. Next it will be the streets. Then some of his cronies from amongst us. After, the search party for Goloh and the freezing of his assets and landed properties abroad.

 
Now let talk about us, the diaspora. Our sweet togetherness was fulfilling and yielded amazing breakthroughs. The most fundamental was ushering Goloh to the exit margin. Then came the disarray. We can do it again to help steadied the government we birthed. All we need is to separate our personal from national ambition. Here I will reference Kemo Conteh. “Femi is calling for the Gambian diaspora to establish a civil society organization at home and I agree with him. A diaspora backed CSO of some sort will most certainly always leverage the position of the diaspora community in the political dynamics of the country. This cannot be an unwelcome idea. Its mainly social media that link us at home with our brothers and sisters in the rest of the world, and social media has now become a permanent and decisive feature of our culture as a nation, as we can see, debating national issues in Facebook and other online platforms on a regular basis contributes to enriching the on-going political dialogue..

 
In fact, I know that there are plans in the framework of the proposed national think tank for a dedicated website and other appropriate online platforms precisely to give some kind of structure to this, but I don’t think we can expect government to make it a strategy of picking policy decisions straight out of the bag of sporadic flows of ideas and opinions across the net. I know also that the think-tank will establish among others a database of civil society organizations and individual national consultants and consultancy firms as well.

 
The purpose of the CSO network is for a responsive consultative framework with all citizens through their various interest groups across all sectors and levels of society on national, regional and local area issues and concerns as appropriate. And the database of consultants will seek to identify available national capacities and expertise, and will be reviewed as needed to select and deploy national experts to lend their specialist advice and technical assistance as issues and concerns arise, for the information of national policy. A diaspora backed CSO, dedicated to articulating and networking diaspora issues and interests in the policy web of the country will be a good idea and I think it should be encouraged”.

Sulayman Jeng
Birmingham, UK

Halifa Sallah Dilates on the Importance of Foreign Policy

Fatu Camara
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Halifa Sallah Dilates on the Importance of Foreign Policy

 

Halifa Sallah, dilated on the importance of good foreign policies, at a recent public lecture he gave at the University of the Gambia, School of Journalism and Digital Media, on Friday, 19th May, 2017. Mr. Sallah asserted that good foreign policies enable the free movement of persons, goods and services.

He said Foreign Policies require instruments and institutions that will guide its formulation and implementation. He held that the fundamental principle of a country is its Constitution, and under the Constitution of The Gambia, Section 79 gives the executive and the legislature roles to determine the foreign policies of the country and the powers are not absolute. The said section, he said, gives the executive the role to conduct foreign relations, receive foreign envoys, appoint foreign representatives of the country in foreign lands, conduct negotiations of treaties and international agreements and declare war against a foreign state, among other functions; but that the powers are not absolute.

He added that Section 79 also gives power for the legislative arm to ratify any treaty or international agreement that is negotiated, before it is put into force.

“The Executive cannot act alone but must rely on the Legislature to be able to conclude foreign policy,” he said. He also said the Constitution provides two fundamental principles that help to determine the actions of the Executive, and the Legislature, which are the doctrine of ‘Sovereignty of the People’ and the doctrine of ‘National Interest’. He further said they should not enter into an agreement unless they ensure the sovereignty of the nation is not compromised and the national interest is not sacrificed and that is what the constitution says.

He said Section 219 stipulates that foreign policy makers must safeguard the national interest and when a treaty or international law is placed before the National Assembly to review, they are guided by the above principles in approving or disapproving the motion which is placed before them by the Executive.

He said in entering into a treaty, there are two principles that need to be looked into; which are conserving the sovereignty of the people and ratification by the National Assembly; that Section 79 clearly states that: ‘‘The Gambia shall not enter into any engagement with any other country which causes it to lose its sovereignty, without the matter first being put to a referendum and passed by such majority as may be prescribed by an Act of the National assembly”; that this is also affirmed in Section 1(2), which shows that the power of sovereignty, resides in the people.

He asserted that in determining foreign policy, three things are important and they are: a) state to state relation, b) state to people relation and c) people to people relation.

On Gambian foreign policy on bilateral relations during Jammeh’s regime, he cited the relationship between The Gambia and Senegal, which policy he said, failed. He opined that the bilateral relationship between these two states should have been the integration of the states that will result to the collective integration of the sovereignty of the two states.

“The state to state relation did not move in the direction of two states one people,” he said.

He added that the state to people relation suffered, which resulted into border closure; state to Unions conflict.

He said people to people relation remained, because of the traditional roots created, but not because of the state to state integration that was envisaged.

The second case study was the Gambian within the sub-region. Halifa Sallah said the ECOWAS protocol on integration of states calls for the free movement of people. He added that another protocol is the protocol of Democracy and Good Governance, which establishes governance by consent, human rights commission and respect for fundamental rights and freedoms. ‘‘If we rely entirely on the provisions of the Protocols of ECOWAS,’’ he said, ‘‘there would have been free movement of persons, goods and services, which will facilitate state to state, state to people and people to people relations.’’

In his final remarks, Hon. Sallah said foreign policy does not stop at intention of the state but actualization of the policy. He said the Barrow government has registered its willingness to enter a good bilateral relationship with Senegal, but this has not been actualized yet. He added that the message from the executive, talks of harmonization of the constitution, institutions and policies and programs of the two states but that this is yet to be actualized.

He concluded by saying that the current foreign policy status of the country, is yet be defined and articulated.

Source: Foroya Newspaper

HELLO MR PRESIDENT….

Fatu Camara
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0
HELLO MR PRESIDENT….

 

Put Your House in Order….

I read somewhere that the Minister for Information, Mr Demba Ali Jawo said that he has no idea where the vehicles given to GRTS came from. These are the same vehicles about which there is currently a brouhaha over the way the presentation was done.

 

The statement from the Information Minister shows that the communication breakdown people complained about is still doggedly affecting the functioning of the government. It is clear that the right protocol was not followed. GRTS is under the Ministry of Information and as such, anything that has to do with it must pass through the minister. But according to reports, it was the Director General of GRTS who called the minister to request him to receive the vehicles on their behalf.

 

The report says that it was the Gambia Revenue Authority that gave the vehicles to GRTS through President Barrow. And then it was reported as a ‘donation from Pres. Barrow’. I’ve already written about the semantics of the report. Here I just want to raise concern over the seeming disconnect between, and among government institutions. There should be constant contact, communication and coordination among government departments, institutions, and ministries.

 

This will help avoid – or at least reduce – duplication of services. If there is no coordination, we may observe certain bottlenecks in the operations of the government. The issue of the prosecution of the NIA 9 is a case in point. It seems there was no communication, and/or coordination between the Ministry of the Interior and the Ministry of Justice. This led to the minister of Justice holding a press conference to share with the public his point t of view on the issue. This does not portray a good picture of your government.

 

Mr President, any government that does not take into account how it is viewed by the citizenry will soon meet its waterloo. We should have learnt from the ousting of the previous regime and ensure that we avoid the potholes into which they fell.

 

I suggest that you instruct your ministers, directors, heads of departments to communicate better. You should remember that your guaranteeing of freedom of expression comes with at least one challenge for you and your government – the public scrutiny is heightened.

 

Tha Scribbler Bah

A Concerned Citizen

HELLO MR PRESIDENT….

Fatu Camara
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0
HELLO MR PRESIDENT….

 

The Right Attitude….

A mountain, it is said, is made up of small stones. When one considers how far we have fallen from democratic principles and the consequences of that fall, one cannot help but keep a watchful eye on how our new dispensation is moving, even though it is faltering from time to time.

 

Last week, I heard an announcement on Gambia Radio and Television Services that President Adama Barrow had donated two vehicles to them. Two questions arise here: did Adama Barrow donate this from his personal estate? Or, did the officer who made the presentation use the wrong words? Whichever of the two it is, we need an explanation.

 

Gambia Radio and Television Services is a government institution and Pres. Adama Barrow is the Chief Executive of the government. GRTS should have a budget based on government subvention. When therefore GRTS needs vehicles, it is proper for them to write to the government and make a request. Fulfilling that request is a duty of the government and not an act of charity on the part of the president.

 

You see, Mr President, some may think that these are minor issues but they are not. There must be a democratic culture which has to be respected to the letter. Among these is the way that citizens address you. The leader of a people is their servant and as such, you, being the head of all government workers are rightly referred to as the Chief Servant. Our national languages do not encourage a democratic culture and we, as a people, should be mindful of that. Just the other day, I heard someone say ‘Joom Leydi o’ that is Fula for (the owner of the country). In Mandinka they say ‘Bankoo tiyoo’, and in Wolof ‘Borom reewmi’. These are undemocratic statements and they are a danger to the democratisation process. For one reason, it makes the person referred to see himself as what he is not.

 

Some of our people are of the opinion that these are not very serious issues but as I said earlier, a mountain is made up of small stones. We must nip this phenomenon in the bud. Let us use the right words at all times. Language is the vehicle of culture and of ideas. It is words that carry our ideas everywhere, transport beliefs from place to place, and from generation to generation. Whoever thinks that words do not have consequences does not know the power of words. There are many examples one can quote to highlight this but this is not the right place and time.

 

I urge, n, I demand, that government comes out and explain this issue. Did Pres. Barrow donate the vehicles from his personal estate; or, did GRTS report the presentation wrongly? We need answers, the Yahya Jammeh way of doing things, personalising everything is over.

 

We are all ears!

 

Tha Scribbler Bah

A Concerned Citizen

A Gentle Reminder on Yahya’s Stolen Assets!

Fatu Camara
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A Gentle Reminder on Yahya’s Stolen Assets!

 

By Alagi Yoro Jallow

 

The Gambia Government should present a formal request to the United States government, the European Union, African Union and ECOWAS for mutual legal assistance involving the former President, Yahya Jammeh for a framework that would cover the whole spectrum from the source of the stolen assets stashed abroad during his presidency.

 
I think Justice Minister Baa Tambadou should sponsor a bill to the National Assembly seeks to provide a Control Management Agency that would keep an accurate data of all the assets of Yahya Jammeh and his accomplice seized, taken over or forfeited to the government so that these assets cannot be stolen, illegally sold or unlawfully converted for personal use and benefit.

 
1. The bill would provide the Agency or “Trust Fund” to monitor the acquired and seized assets by keeping within their domains the necessary maintenance to keep the assets.

 
2. The bill would provide the agency a platform that will keep an accurate data and inventory of all the assets acquired, seized, taken or forfeited by Government in or outside The Gambia.

 
3. The bill would provide the agency with all the necessary steps to be taken to guard the agency against vandalization, conversion of the assets for personal use and benefits by the officials under whose custody these assets are.

 
4. The bill would provide a mechanism to the agency whereby all monies accruing to the Agency are deposited into a Special Account. This propose bill will help to recover all stolen assets from Yahya Jammeh.

Gambia’s Truth, Reconciliation & Reparations Commission draft bill ready

Fatu Camara
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Gambia’s Truth, Reconciliation & Reparations Commission draft bill ready

The draft bill for the establishment of The Gambia Truth, Reconciliation and Reparations Commission is ready according to the Attorney General and Minister of Justice Abubakar Tambadou.

He said the bill will be presented to the National Assembly as soon as it is finalized by the Ministry and approved by Cabinet.

Minister Tambadou made the revelation on Monday during a press briefing at the Ministry’s head office in Banjul.

He said the Ministry hopes to have the necessary support structures in place so that the Commission will start hearings by the end of the year.

“Appointment of commissioners and recruitment of support staff shall be guided by The Gambia Truth, Reconciliation and Reparations Commission Act after it is passed by the National Assembly” he said.

Study tour to Sierra Leone

He further reported their recently concluded successful study tour of the transitional justice processes in Sierra Leone with special interest on their version of a truth and reconciliation commission.

“The study tour team which was led by me was composed of Mr Hussein Thomasi, my Special Adviser; Ms Kanni Touray Senior State Counsel; Mr Bubacarr Sarr of The Gambia Police Force; Imam Baba Leigh as a representative of the victims; Ms Fatoumatta Camara as the designated communications strategist/outreach officer; and Mr Bashirou Jahumpa as the representative of the UNDP who sponsored the trip”. Minister Tambadou said

He added that a report of the study tour with recommendations has now been submitted to him for review.

“Following the completion of the study tour and after careful consideration based on several factors including recommendations made by the study tour team, we now wish to establish in The Gambia a Truth, Reconciliation and Reparations Commission whose principal objectives will be to give the victims of abuses a voice by allowing them to share their stories; give perpetrators the opportunity to tell the truth about these abuses in a manner that normal criminal proceedings will not permit; and to give appropriate compensation to the victims for loss or injury suffered as a result of the abuses. It is hoped that this process will lead to a healing on the part of victims and ultimately reconciliation across a broad spectrum of Gambian society who have been affected, either directly or indirectly by the events of the past 22 years. As a Government, we have a responsibility to actively forster social cohesion and encourage national reconciliation” he said.

According to Tambadou, it is crucial that they strongly encourage truth-telling about past abuses saying they want to ensure documentation of an accurate historical record of past abuses so that appropriate lessons can be learned in order to put in place mechanisms to prevent recurrence.

“We must remind ourselves at all times that the people of this country wanted this change because they strongly disapproved of the manner of governance by the previous government. If we want to avoid going back to that kind of governance environment in future, we must conduct a post-mortem of the past starting from 22 July 1994 in order to understand how we got to this point in the first place. We would like to know how the infrastructure of terror was created during the past 22 years in this country, how it operated at various times, its membership, structure and other vital information” he noted.

He added: “That is why perpetrators must tell the whole truth. In order to encourage them do so, there will have to be some kind of benefit for them. This may take many forms including guarantees against future prosecution in appropriate cases. Similarly, perpetrators who do not come forward to share their experiences before the Commission would face prosecution should there be credible evidence of their involvement in any abuses. We will therefore strongly encourage anyone with information, especially those who were used as tools to perpetrate abuses against their fellow citizens, to come forward and share their stories with the Gambian people. That’s the least the perpetrators could do for the victims and their loved ones. They owe it to themselves and their own families too. It will provide some form of closure for the perpetrators themselves as well as the victims. We will therefore reach out to religious and community leaders, youth and women’s groups across the country through various means so that they can encourage members of their congregations and communities to tell the truth about past abuses as a pathway to our collective healing, peace and justice”.

Notwithstanding, Minister Tambadou reminded that not everyone may be fully satisfied with the outcome of the process, but it is a process tried and tested in many parts of the world and is generally regarded as the best possible outcome for sustainable peace in an extremely challenging situation such as ours. He assured that the Gambia’s one will be a credible and transparent exercise.

He also made it clear that there will be justice for everyone but justice can come in many different forms. He said justice it is not only about punitive sanctions against perpetrators but includes restoring, to the extent possible, the shattered lives of victims and their loved ones.

“The simple reality is that we may not be able to prosecute everyone who was involved in alleged State sanctioned crimes over the past 22 years since July 1994. There have been many unfortunate incidents during this period and too many people have been affected based on reports so far. Hard choices and difficult decisions will have to be made” he said.

Minister Tambadou then reminded Gambians that the country and its people earned the respect and goodwill of the entire world by the sensible, peaceful and mature manner in which we have conducted ourselves as a people before and during the last elections. He said Gambia is a small nation with a big role to play in the sub-region and the world, saying we have a unique historical opportunity to show the world that our conduct before, during and after the presidential elections in December and January, especially during the political crisis, is a true representation of our national character as a peace-loving and progressive people.

He called on every Gambian to continue to demonstrate maturity particularly in the quest for justice.

Golden Lead Company denies accusations of disposing toxic waste & dumping rotten fish in Gunjur

Fatu Camara
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Golden Lead Company denies accusations of disposing toxic waste & dumping rotten fish in Gunjur

Golden Lead Fish Meal Processing Company in Gunjur has rubbished accusations on the social media blaming it for the deteriorating environmental mismanagement in Gunjur.

The Company is accused of disposing toxic waste water from its factory into the ocean that kills fish that litters the seashore of Gunjur. They are also accused of dumping rotten fish on the sea shores of Gunjur.

In a media release issued on Monday, the company defended its credibility and renewed its strong commitment to the development of The Gambia and protection of its natural resources on which our sustainability depends as a business.

Below is the full text of the release;

Gunjur, The Gambia (22ndMay 2017) – Golden Lead fish meal processing company in Gunjur comes out in public through this press release amidst unprecedented criticisms on the social media on deteriorating environmental management pointed to the company and the corresponding visits and inspections from different government institutions.

 With this press release, we also represent the fish meal industry which is in its infancy stage in the Gambia.

 We deem it necessary to clarify the issues and assure the public of our strong commitment to the development of The Gambia and protection of its natural resources on which our sustainability depends as a business.

 The social media created doubts on the legitimacy of our business. We assure you that Golden Lead is a Gambian company as we are established only in the Gambia. We came into being through a legitimate process that begun from the investment promotion efforts of the Gambia Investment and Export Promotion Agency (GIEPA), it is through this process that we have legitimately acquired licenses to operate from the Ministry of Fisheries, National Environment Agency, Food Safety and Quality Authority and the Ministry of Trade, Regional Integration, Industry, and Employment. The process we went through in this country ultimately enabled us to acquire the Export Processing Zone License to operate and export.

 We are accused of disposing toxic waste water from our factory into the ocean that kills fishes that litters the seashore of Gunjur. We assure you that we respect the ocean that gives us the fish and we are not disposing toxic waste water into the ocean. Golden Lead does not use any chemical in any form in our process. In addition, the waste water of our factory which is purely water from fish is directed to suck ways and is collected everyday by sewerage trucks. We want to state that we are not responsible of the oversupply of fish resulting into fish dumping in both on land and sea.

 We are accused of dumping rotten fish on the sea shores of Gunjur. We assure you that we do not buy only to throw away at the end of the day when it rots. We are equipped with ultra-modern fish processing technology and we buy only what we can process for the day which is clearly communicated to the suppliers we work with. Moreover, we are a processing factory depending on artisanal fishing industry for supply of fishas such we are not involved in the extraction/exploitation of water resources. 

 We are a serious investment in the country with a total investment of 3 million dollars powering 2 million dalasi daily economic activity at the Gunjur fish landing site. We are also responsible investors that care about the environment of the Gambia as we all live here.

 The current situation of our factory and the Gunjur fish landing site is a painful reminder of the fact that there is lack of social dialogue in many of the stakeholders of the Gunjur fish landing site. Furthermore the situation is triggered by external factors beyond the control of Golden Lead factory.

 We call for the organization of the fisheries sector in the Gambia so that issues and challenges in the sector are addressed in a professional manner.

 We also want to assure you that we strongly value complying with the regulations of the environment and fisheries sectors and are very willing to be part of efforts to correct this unfortunate situation along our coastlines.

 We hope important lessons are learnt through this incident not only to prevent this occurrence but also to maximize the opportunities created by our factory and by this industry for the benefit of The Gambia.

Full Statement Delivered By Justice Minister Tambadou On The Freezing Of Jammeh’s Assets and More

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Full Statement Delivered By Justice Minister Tambadou On The Freezing Of Jammeh’s Assets and More

 

Here is the full statement delivered by Justice Minister Abubacarr Tambadou at a press conference held at the Attorney General’s Chambers in Banjul on Monday, May 22, 2017.

 

I start today’s briefing by introducing three new additions to the Ministry. First, I would like to introduce Mr Hussein Thomasi as the Special Adviser to the Attorney General. Mr Thomasi comes with over 25 years as counsel. He had served the Ministry since 1987 in various capacities including as State Counsel, Senior State Counsel, Principal State Counsel before he joined the Assets Management Recovery Corporation (AMRC) as a legal adviser in 1994. Mr Thomasi subsequently worked for WAMI in Accra, Ghana. As my Special Adviser, Mr Thomasi will act as the main Focal Point for all the reform activities of the Ministry including the transitional justice processes.

 

The second person I would like to introduce is Mr Chernor Marenah as the new Solicitor General and Legal Secretary. Like Mr Thomasi, Mr Marenah comes with several years of experience as Counsel and a former staff member of the Ministry. He has also risen through the ranks at the Ministry since 2003 culminating in his promotion as Solicitor General and Legal Secretary in 2016.

 

As you can clearly see, both Mr Thomasi and Mr Marenah are not new to the Ministry. They are coming back to a familiar place. So from now on, if you have any questions about the work of the Ministry or the reform activities, Mr Thomasi and Mr Marenah will be available to answer them for you.

 

The third person I wanted to introduce to you today is Ms Katherine Muhren of the International Senior Lawyers Project (ISLP) but she is currently out of the country. Mr Muhren has been seconded to the Ministry by her organization at no financial cost to government following the execution of a Memorandum of Understanding between the Ministry of Justice and the ISLP. She comes with several years of legal practice experience including her current role as Vice Chairperson of the Board of Directors of the Institute of Human Rights and Development in Africa based here in The Gambia. She will be assisting the Ministry with complex international commercial agreements.

 

With these three new additions to the staff, I believe we have started the process of strengthening capacity at the Ministry. Their combined decades-long legal practice experience will provide leadership and mentorship for the young team of dedicated lawyers we now have at the Ministry. We will continue our efforts to attract highly qualified and competent personnel to the Ministry by improving the conditions of service among other measures in order to meet the growing demands of our work.

 

Regarding some of the main activities of the Ministry since my last press briefing in March, I am pleased to report that we have some progress with positive results:

 

ASSETS FREEZE

We have today obtained a court order freezing or placing a temporary hold on the known assets in the country of former President Yahya Jammeh and companies directly associated with him.

 

The freezing order affects:

  • 131 landed properties held in the personal name of former President Yahya Jammeh or companies directly associated with him.
  • 88 different bank accounts held in the personal name of former President Yahya Jammeh or held in the names of organizations directly associated with him;
  • 14 companies purportedly belonging to or directly associated with former President Yahya Jammeh;
  • A number of animals and livestock purportedly belonging to former President Yahya Jammeh.

 

The application for the freezing order was necessitated by the discovery of unauthorized withdrawals of millions of dalasis and foreign currencies by former President Yahya Jammeh. For example, preliminary investigations have revealed that between 2006 and 2017, former President Yahya Jammeh personally or under his instructions directed the unlawful withdrawal of at least 189,000,000 from funds belonging to Social Security and Housing Finance Corporation. Between 2013 and 2017, former President Yahya Jammeh personally or under his instructions directed the unlawful withdrawal of at least $50,000,000 from Special Projects Fund and International Gateway Accounts at the Central Bank of The Gambia. Again, these are only preliminary findings at this stage and all indications are that these discoveries are just a tip of the iceberg.

 

The freezing order is therefore meant to prevent former President Yahya Jammeh from liquidating or dissipating assets held in his personal name or his assets held in the names of his close associates or agents so as not to cause prejudice to the State should there be adverse findings made against him by a court of competent jurisdiction which may require the recovery of assets and monies from him by the State.

 

May I state however that this list of assets frozen is by no means exhaustive. Investigations are still ongoing and if we find other assets purportedly belonging to former President Yahya Jammeh or to companies or organizations directly associated with him in this country which are not already included in this freezing order, we shall also take immediate appropriate action. We therefore request anyone with information regarding the whereabouts of any assets of former President Yahya Jammeh or of companies or organizations directly associated with him to come forward and share this information with the nearest police station.

 

Any person who is in possession of assets purportedly belonging to former President Yahya Jammeh and who fails to disclose this may be committing an offence. We therefore urge you to approach the nearest police station within 48 hours after this press briefing to report this information.

 

As I also stated previously, we are finalizing the draft terms of reference for the establishment of a commission of inquiry to look into the financial and business related activities of former President Yahya Jammeh.

 

TRUTH & REPARATIONS COMMISSION

We have successfully conducted a study tour of the transitional justice processes in Sierra Leone with special interest on their version of a truth and reconciliation commission. A report of the study tour with recommendations has now been submitted to me for review. The study tour team was led by me and was composed of Mr Hussein Thomasi, my Special Adviser; Ms Kanni Touray Senior State Counsel; Mr Bubacarr Sarr of The Gambia Police Force; Imam Baba Leigh as a representative of the victims; Ms Fatoumatta Camara as the designated communications strategist/outreach officer; and Mr Bashirou Jahumpa as the representative of the UNDP who sponsored the trip.

 

Following the completion of the study tour and after careful consideration based on several factors including recommendations made by the study tour team, we now wish to establish in The Gambia a Truth, Reconciliation and Reparations Commission whose principal objectives will be to give the victims of abuses a voice by allowing them to share their stories; give perpetrators the opportunity to tell the truth about these abuses in a manner that normal criminal proceedings will not permit; and to give appropriate compensation to the victims for loss or injury suffered as a result of the abuses. It is hoped that this process will lead to a healing on the part of victims and ultimately reconciliation across a broad spectrum of Gambian society who have been affected, either directly or indirectly by the events of the past 22 years. As a Government, we have a responsibility to actively forster social cohesion and encourage national reconciliation.

 

We now have a draft bill for the establishment of The Gambia Truth, Reconciliation and Reparations Commission. The bill will be presented to the National Assembly as soon as it is finalized by the Ministry and approved by Cabinet. Thereafter, we hope to have the necessary support structures in place so that the Commission will start hearings by the end of the year. Appointment of commissioners and recruitment of support staff shall be guided by The Gambia Truth, Reconciliation and Reparations Commission Act after it is passed by the National Assembly.

 

However, it is crucial that we strongly encourage truth-telling about past abuses. We want to ensure documentation of an accurate historical record of past abuses so that appropriate lessons can be learned in order to put in place mechanisms to prevent recurrence. We must remind ourselves at all times that the people of this country wanted this change because they strongly disapproved of the manner of governance by the previous government. If we want to avoid going back to that kind of governance environment in future, we must conduct a post-mortem of the past starting from 22 July 1994 in order to understand how we got to this point in the first place. We would like to know how the infrastructure of terror was created during the past 22 years in this country, how it operated at various times, its membership, structure and other vital information.

 

That is why perpetrators must tell the whole truth. In order to encourage them do so, there will have to be some kind of benefit for them. This may take many forms including guarantees against future prosecution in appropriate cases. Similarly, perpetrators who do not come forward to share their experiences before the Commission would face prosecution should there be credible evidence of their involvement in any abuses. We will therefore strongly encourage anyone with information, especially those who were used as tools to perpetrate abuses against their fellow citizens, to come forward and share their stories with the Gambian people. That’s the least the perpetrators could do for the victims and their loved ones. They owe it to themselves and their own families too. It will provide some form of closure for the perpetrators themselves as well as the victims. We will therefore reach out to religious and community leaders, youth and women’s groups across the country through various means so that they can encourage members of their congregations and communities to tell the truth about past abuses as a pathway to our collective healing, peace and justice.

 

We also recognize that not everyone may be fully satisfied with the outcome of this process, but it is a process tried and tested in many parts of the world and is generally regarded as the best possible outcome for sustainable peace in an extremely challenging situation such as ours. But I assure everyone that ours will be a credible and transparent exercise.

 

Let me also make it clear, that there will be justice for everyone but justice can come in many different forms. It is not only about punitive sanctions against perpetrators. It also includes restoring, to the extent possible, the shattered lives of victims and their loved ones.

 

The simple reality is that we may not be able to prosecute everyone who was involved in alleged State sanctioned crimes over the past 22 years since July 1994. There have been many unfortunate incidents during this period and too many people have been affected based on reports so far. Hard choices and difficult decisions will have to be made.

 

We have earned the respect and goodwill of the entire world by the sensible, peaceful and mature manner in which we have conducted ourselves as a people before and during the last elections. Nowadays, wherever we travel around the world and announce ourselves as Gambians, people we meet tell us how proud they are of us. We are a small nation with a big role to play in our sub-region and the world. We must understand that we have a unique historical opportunity to show the world that our conduct before, during and after the presidential elections in December and January, especially during the political crisis, is a true representation of our national character as a peace-loving and progressive people. We must therefore continue to demonstrate maturity in our actions as a nation and particularly in our quest for justice. This will bring immense benefits for our people here in the country and abroad. We can be an inspiration to the rest of the world on how dictatorship can be defeated in a peaceful way, and how, subsequently justice can be achieved in a stable, credible, fair and transparent process. The process that we are presently engaged in is as important as the results we seek to achieve from that process. It is our collective attitude to that process which will ultimately determine our success as a nation.

 

CONSTITUTIONAL REVIEW

I have now initiated formal discussions on the constitutional review process with the Honourable Chief Justice of The Gambia and the UNDP as our key partner in this process. We are at the preliminary stages of discussion and I shall have more information for you at my next briefing.

 

NIA 9 CASE

You are all aware that hearing in the case of the NIA 9 has commenced in earnest. As the Ministry is currently overwhelmed with other activities, and we presently do not have the staff strength to cope with current demands, I am on the verge of appointing a senior Gambian lawyer, Mr Antouman Gaye, as a Public Prosecutor to take over the prosecution of the NIA 9 case for a fee. Mr Gaye needs no introductions as a fiercely reputable criminal law attorney and I am confident that he can diligently prosecute this case on behalf of the State. The Ministry will provide him with all the requisite support and he will be conducting the prosecution under my direction.

 

 

CCDRP

On the activities of the Criminal Case and Detention Review Panel, I am pleased to report that they have now completed the review of over 100 criminal cases involving about 150 accused persons. I have accepted most of the recommendations of the Panel and I have given instructions for immediate implementation. In a few of the cases where the Panel has recommended for continuation of the criminal proceedings, I have requested the Deputy Director of Public Prosecutions to review the recommendations of the Panel as a quality control mechanism.

 

INTERNATIONAL CASES

You will recall from my last briefing I reported that The Gambia faces a potential legal liability bill in excess of two billion dalasis arising from international cases instituted against the Government of The Gambia in different fora around the world as a result of the purported acts of former President Yahya Jammeh and some of his close associates. One of these cases, called the Conapro case, was instituted in the courts of the United Kingdom in 2013 by the Conapro company.

 

Between 30th April and 5 May, we traveled to London to engage Conapro in direct negotiations in order to reach an out of court settlement. Conapro was claiming the sum of $32 million and possibly rising to $56 million plus interests and other recoverable costs associated with the legal process. So far, The Gambia government has incurred over 1 million British pounds sterling in legal costs to defend this case. Instructing solicitors for The Gambia government in the United Kingdom further advised that it will cost the Gambian State at least another 1.3 million British pounds sterling from now to the end of the case if it were to proceed to trial.

 

I am pleased to report that, after difficult and protracted negotiations, we were able to successfully reach an out of court settlement with Conapro for a total amount of $4.6 million to be paid by The Gambia government in installments until the year 2019. The negotiated settlement also gives The Gambia government exclusive ownership of the GFFI Mill at Kamalo here in The Gambia. This negotiated settlement amount is actually lower than the amount The Gambia government was advised to accept by our instructing solicitors in the United Kingdom.

 

We are happy that this matter has now been brought to a close and that the Gambia government will not incur any further legal costs in this matter. However, be rest assured that the Ministry intends to recover every single butut spent not only in this case but in all other cases from former President Yahya Jammeh and his close associates who have caused this financial loss to the Gambian State.

 

AFIRCAN COMMISSION

As part of efforts to restore The Gambia’s international image, prestige and respectability in the area of respect for human rights, we attended the 60th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Niamey, Republic of Niger from 8 May. We shared with the Commission The Gambia’s desire to resume its regional leadership role in the human rights crusade on the African continent. This also means that our own standards for human rights and justice must be beyond reproach. The Commissioners commended the laudable and positive strides The Gambia has made in the field of respect for and observance of human rights in this short time since the installation of the new government. As a matter of fact, the African Commission has unilaterally decided to hold its 61st Ordinary Session here in The Gambia in November 2017 despite requests by other States to host it. This is welcome news for our country.

 

STAKEHOLDERS CONFERENCE

The Ministry will be organizing a national stakeholders conference on human rights and justice at the Kairaba Beach Hotel from 23-25 May in partnership with the Institute for Human Rights and Development in Africa and the UNDP. We hope to bring together various national players from a cross section of the legal, social and political communities in the country as well as international partners from around the world including international human rights organizations and experts in various fields to discuss topical issues on the key priority areas identified by the government for immediate reform. These include topics on constitutional review, institutional reform, criminal justice and media law reform etc. Recommendations from these discussions will feed into the broader transitional justice strategic plan already designed and developed by the Ministry.

 

CONCLUSION

Finally, I wish to state that while we understand the impatience from some quarters, we are doing our best with the available resources and capacity to move fast. We are dealing with very serious matters of national importance and ours is a huge responsibility. We are taking up this responsibility with all the seriousness it deserves. We will take the time necessary to ensure that we get it right. We will base our decisions on facts and law.

 

We are engaged in a rebuilding process and we know the difficult challenges we have to address on a day to day basis. Neither do we want to pre-empt the actions of other bodies that are being established and whose mandate will most certainly include some of the actions the Ministry is being called upon to take. We need to cultivate and encourage, in a deliberate manner, a culture of systematic and structured approach to addressing our legal and justice sector challenges. We want to create sustainable institutions and systems and find effective and efficient solutions. Again, I emphasize that this process will take time.

 

We continue to face challenges not only in capacity and resources, but also in existing and non-existent legal mechanisms. We are determined to overcome these challenges and I take this opportunity to pay tribute to the men and women of the Ministry of Justice who are giving their very best under extremely difficult working conditions.

 

Thank you!!!

 

 

 

Former Biko Striker Signs Contract in Finland

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Former Biko Striker Signs Contract in Finland

 

By Lamin Drammeh

Former Steve Biko hitman Ousman Jarju, has penned a six month contract with the Finnish second tier club, FC KTP, The Fatu Network can authoritatively confirm.

The 25-year-old striker reportedly caught the eyes of the FC KTP during a short trail there, and the Finnish club took the opportunity to hold on to the former Gambia U-17 and U-20 midfielder maestro Jarjue, nicknamed Raul.
He has since made his much anticipated debut for KTP in a 1-1 draw away to FC Kiffen of Helsinki on Monday, May 22, 2017, playing 67 minutes.

This is Jarjue’s first professional contract since leaving Spanish giants Atletico Madrid where he signed a two-year deal in 2011.

He became the first Gambian footballer to have ever moved to the Madrid club, and the second Gambian to sign in La liga after compatriot and former Gambia U-17 team mate Saihou Gassama who signed for Real Zaragoza from local club, Gambia Ports Authority.

Jarjue’s connection with the Spanish giants came during the Presidential football tournament held in Banjul back in 2011. He was impressive under the Spanish football scouts/agents and was able to produce an outstanding performance throughout the tournament. The Spanish club Atletico, through the recommendations of Steve Biko, and the scouts wasted no time before they could secure the service of the prolific midfielder Jarjue who was linked to several top European clubs in the past.

 
“I am happy to sign a contract with Atletico Madrid for the aim of every local footballer is to play at professional level and I consider myself lucky to be part of this success,” Jarjue was quoted as saying in an interview with this reporter at the seaview Hotel in Banjul back in 2011.

He said,“moving to Atletico Madrid, one of the biggest clubs in the world is the dream of every football player. They are a massive club with a lot of amazing players.”

Jarju’s move to Atletico was greeted with joy amongst Gambian football fraternity and pundits who has followed his progress with keen interest.

But he has struggled to hold down a regular first team place at the Spanish giants and eventually became surplus to requirement that led to his relegation to the Seconda Bay league, next to the Spanish second division in order to find form and shape for the bigger challenge.

Raul started his career with Dahaba FC, at a very early age and made his first top league football when he signed for the Gambia division two side Latdior.

He ended his two-year spell with Latdior to join Steve Biko, who he credited for helping to transform his career and made him one of the deadliest attacking forces the country have known.

He continued to make a positive mark at Biko which saw him earn a call-up to the Gambia national U-17 team where he formed an unstoppable partnership with former Saint Etienne goal machine and top striker Ebrima Bojang.

The former Real de Banjul player Bojang has had a brief but impressive career as a footballer but was forced to hang up his boots due to persistent knee and ankle injuries which required surgery.

The lanky forward Bojang, recently announced his desire to come out of retirement amidst public outcry from the darling Gambian fans who once felt in love with the Bakau born star footballer and wants to see him back in action once again.

Jarju was part of the Gambia U-20 team that represented the West African nation at the CAF African U-20 Youth Tournament held in South Africa, in 2011.

A Classical case of forgiveness and Healing a Nation from the Past

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A Classical case of forgiveness and Healing a Nation from the Past

 

Alagi Yorro Jallow

Forgiveness is one of the most beautiful acts that humans are capable of. In South Africa, just after apartheid had been dismantled and Nelson Mandela had been made president, instead of seeking revenge, instead of punishing all those people who punished him, Nelson Mandela and Desmond Tutu established a truth and Reconciliation Commission.

Anybody who had done a crime was able to go to this commission and confess what they’d done. If they were truthful, no matter how horrendous their crimes, they would be given amnesty and forgiveness. It was a brilliant way of dealing with the past.

One of the moving events of the Commission was a policeman recounting, in the presence of the man’s widow, how he had tortured and killed her husband, a black African activist from the ANC.

Can you imagine this scene? There was a woman whose husband had disappeared, probably in the middle of the night, and she suspected what had happened, but didn’t know the true story. Now she was facing a man who was confessing in detail how he had tortured and killed her husband, the father of her children, the man she loved. Apparently, these white police officer was shaking and trembling as he recounted the details of what had happened.

At the end of his testimony the widow rose from her seat and went towards him. The guards were supposed to stop her, but they froze. She went up to him, put her big black arms around him, hugged him, and said, “I forgive you.” Not just the two of them wept, but apparently, the whole room.

This sort of beautiful act is one of true spirituality. Both the victim and the perpetrator would move on and become better people. They would learn real compassion, gain real wisdom, and find a real way of moving forward. Now if that woman could forgive the murderer of the man she loved, then each of us – if we really put our minds to it – is capable of forgiving anything.

 

This write-up is an excerpt from a seminar lectures from a renounced British Theravada Buddhist monk Ajahm Brah served as Guest Speaker in my class on: ‘Healing a Nation on forgiveness, learning from our Past’

 

Justice Minister Gives Hope and Confidence!

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Justice Minister Gives Hope and Confidence!

 

By Madi Jobarteh

 

The press conference by the Minister of Justice Aboubacarr Tambadou on the measures the government is taking about the assets and financial transactions of the Despot Yaya Jammeh indeed gives lot of hope and confidence. Listening to the details of some of the cases and issues only confirms and explains even better the kind of lifestyle that Yaya Jammeh lived as a dictator. With this press conference one can better appreciate the rationale and the source of funds of the hugely lavish jamborees that this despot was throwing away every few weeks in Kanilai, McCarthy’s Square and on the beaches and other places in the Gambia. It gives one a picture as to why and how he was the Donor-in-Chief as he splashed millions of dalasi to all categories of individuals, communities, institutions and organizations in and out of the Gambia. It is now getting clearer that indeed Yaya Jammeh had not only severely sucked the blood of this country but such bleeding will continue to hurt us for a long time to come.

 
I therefore welcome the idea of freezing his ill-gotten assets, which to me is better late than never. One of the first actions of the Barrow Administration should have been to freeze these assets both locally and internationally. One does not have to run an investigation to confirm that indeed Yaya Jammeh was engaged in fraudulent and corrupt practices. Hence the first decision of the government when it took over in January should have been the freezing of these assets and the seizure of all properties and put under government custody. If we had done that earlier, we would not have had the terrible experience between ECOMIG forces and folks in Kanilai. I hope Minister Tambadou will seek a court order to place all such properties under tight government control if this current action does not include that.

 
I also welcome the idea of a Special Prosecutor for the NIA case. I agree with the rationale for the decision. Not only are capacity issues critical but also to ensure the integrity and credibility of the process to seek justice, it is important that this case is pursued in a manner that will earn the trust and confidence of all stakeholders. This case must be pursued in a manner that should not appear to be a witch-hunt or a revenge exercise.

 
However I am concerned with the issue of the special prosecutor for one case when we have many more similar cases of legitimate public interest. What about the case of Koro Ceesay, Deyda Hydara, Daba Marenah and Co, April 2000 Massacre, Chief Ebrima Manneh, Mamut Ceesay and Ebou Jobe among other severe atrocities? Are we going to see a special prosecutor appointed for each of these cases or will they be prosecuted in the normal process? Hence I would urge the minister to reflect on these issues because the concerns that led to the appointment of a special prosecutor for the Solo Sandeng case are the same concerns for all the other cases. In fact while the NIA 9 case concerns only one person, we have other cases where multiple persons were victims. Thus there is a need to consider how best to address all of these cases in the most cost-effective manner.

 
The minister also pointed out the need for the Gambia to assume its rightful role in the promotion and protection of human rights in the continent. This is a very highly welcome statement and I wish that the government truly understands the significance of that point and fulfill it accordingly. The African Charter on Human and People’s Rights is nicknamed the Banjul Charter. This is because when no African government was willing to host a meeting to review the draft charter, it was the Jawara government that agreed to convene two ministerial conferences in 1980 in Banjul where the draft charter was reviewed and approved and subsequently submitted to the OAU Assembly on 28 June 1981 in Nairobi, Kenya where it was adopted. It was for this reason that the African Charter is also called the Banjul Charter. Later when the African Commission came into being in 1987, again Jawara agreed to have the Gambia serve as the host of the body until today.

 
For this reason, the Barrow government would therefore be fulfilling a historic duty that Yaya Jammeh abandoned if the current government goes back to take the lead for human rights in Africa. Yaya Jammeh had trampled upon human rights in the Gambia so severely that there were frantic efforts all over Africa to have the African Commission relocated from the country. If those efforts had succeeded it would have been an eternally painful shame for the country, which was indeed the midwife of both the African Charter and the African Commission. Therefore Barrow Administration deserves the highest commendation for their recognition this historic duty and pledging to fulfill our historic duty and contribution to human rights in Africa and humanity.

 
As Tambadou noted, being the birthplace of the African Charter and hosting the African Commission places an obligation on the Gambia itself to be seen to defend and promote human rights at home. I am therefore encouraged that this government recognizes that responsibility and determined to fulfill it. We must remind the Barrow Administration that while we welcome efforts in seeking justice for the past atrocities, however our greater task is to ensure that form henceforth human rights shall characterize our lives, conduct and operations as a society and a state. Thus the adherence to the rule of law and protection of fundamental rights must become synonymous with this new dispensation.

 
I wish to also appreciate the information provided on the much talked about truth and reconciliation commission. While I prefer Truth and Justice Commission, I must add my support to the initiative especially when Tambadou noted their awareness and commitment to ensure its impartiality, integrity and credibility. I look forward to the composition of the commission and its terms of reference.
Finally let me say that this short but highly valuable statement by Minster Tambadou has served all Gambians well because we have heard from our trustees. This statement would have been even sweeter from the mouth of our Chief Servant Adama Barrow as the person we have directly elected to serve us. But while I appreciate the job Tambadou has done, one needs to again emphasize to them that when a government communicates to its citizens, it solves half the problem. The last time we had from Tambadou was in March, i.e. two months ago. Can the Minister do better to provide updates on a monthly basis at least given that he has raised quite many fundamental issues? We cannot wait for another two months before we know the status of the assets freeze, the special prosecutor or the outcome of the ongoing case in the UK.

God Bless The Gambia

‘Yahya Jammeh unlawfully withdrew D189M from SSHFC’ – AG Tambadou

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‘Yahya Jammeh unlawfully withdrew D189M from SSHFC’ – AG Tambadou

Abubakar Tambadou, Gambia’s Attorney General and Minister of Justice has revealed that between 2006 and 2017, former President Yahya Jammeh personally or under his instructions directed the unlawful withdrawal of at least D189,000,000 from funds belonging to Social Security and Housing Finance Corporation (SSHFC).

Speaking during a press briefing at the Ministry’s head office in Banjul, Minister Tambadou also announced that the government has obtained a court order freezing or placing a temporary hold on the known assets in the country of former President Yahya Jammeh and companies directly associated with him.

He said the application for the freezing order was necessitated by the discovery of unauthorized withdrawals of millions of dalasis and foreign currencies by former President Yahya Jammeh.

“Preliminary investigations have revealed that between between 2013 and 2017, former President Yahya Jammeh personally or under his instructions directed the unlawful withdrawal of at least $50,000,000 from Special Projects Fund and International Gateway Accounts at the Central Bank of The Gambia” he said.

He said the freezing order is meant to prevent former President Yahya Jammeh from liquidating or dissipating assets held in his personal name or his assets held in the names of his close associates or agents so as not to cause prejudice to the State should there be adverse findings made against him by a court of competent jurisdiction which may require the recovery of assets and monies from him by the State.

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