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Drug Squad, ‘Area Boys’ clash in Bakau

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Drug Squad, ‘Area Boys’ clash in Bakau

 

There was pandemonium on Garba Jahumpa Road in Bakau yesterday afternoon as agents of Drug Squad found themselves in a tug-of-war with a group of boys when they attempted to take away suspects following a raid.

The agents who arrested a number of people suspected of being in possession of marijuana met stiff resistance as they attempted to drag away the arrestees out of town.
Dozens of young men including women, chased the agents from Farokono to the Garba Jahumpa road in Newtown, ruffling a number of them, dressed in civilian clothes.

One of the agents, one Beyai, had a bruise on his face.
He told The Standard the boys were attacking them because of the arrests they made.
Another officer’s trousers was ripped apart.
But one Tabora Bojang, an onlooker, claimed the agents were rough and even used tear gas on the crowd and wrestled one man to the ground.

“When one of them released a tear gas into a young man’s face, another officer came and knocked him hard, followed by another,” he alleged.
At least three people claimed their phones were forcibly taken as they tried to film the disorder as it unfolded.
One of them was Baba Manneh, a shop-keeper in Newtown.
“I did nothing to them. I saw what was happening and I tried to video it but they rushed on me and wrestled me down,” he said.

Yankuba Janneh, another Bakau native, blamed the area boys for the commotion
“These officers were only doing their jobs. It is sad people think they can attack them whenever they come to Bakau. The last time they were attacked as well for making arrests. The government should send the army next time. Am sure they won’t attack the army.

“In this new Gambia, people think they can do whatever in the name of democracy,” he said.
Tida Njie, a young lady, was found crying on the road. She claimed her little brother who was coming from school, was taken away by the agents, “even though no weed was found on him.”
It is not clear where the arrestees were taken to.

Source: Standard Newspaper

TALK LESS, DO MORE

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TALK LESS, DO MORE

 

Imam Baba Leigh, the outspoken Kanifing Imam who has just returned from exile after fleeing from six months detention and torture at former President Jammeh’s gulag, has advised the new government of Adama Barrow to talk less and do more action.

Speaking in an exclusive interview with popular website africanarguments.org, Imam Leigh said the regime of Yahya Jammeh should serve as lesson to all Gambians; “My advice to Barrow and his government is for them to be more transparent and not to forget about their responsibilities, especially putting to memory Yahya Jammeh’s brutal regime and his team of criminals who tortured, embezzled and killed. The moment that memory is being renewed, there will be more concern for our future. Leaders should be doers. Do more and talk less, like Macky Sall, the President of Senegal,” Imam Leigh said.

The Imam also directed advice to Gambians saying that they must be patient. “This is a new regime. Most of them have never had any experience in their positions before. We need to pray and offer guidance to them where necessary, not be praise singers for them. Let us know that Gambia is one nation. You can be Mandinka, Fula, Jola, Manjago, Aku, Serahule but know that you are also a Gambian. The Gambia does not belong to one single tribe. Let us not also think we can make this country an Islamic Republic or Christian Republic,” he said.

Asked to speak about his fellow religious leaders who stayed silent under Jammeh, Imam Leigh said imams of Gambia have learned their lesson as they allowed Yahya Jammeh to control and manipulate their religion.
“The imams are also citizens and they will take up their responsibility to guide this country, not just for worshipping but also to pursue social justice in their sermons when necessary,” he said.

Imam Leigh also praised Gambian diaspora and the media. “Their collective efforts paid dividends. They contributed a lot to the democratisation of the New Gambia. We are now harvesting the seeds we planted. One Gambia, one nation, for a better future for all,”he said.

Source: Standard Newspaper

Information Minister Jawo receives GPU executive

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Information Minister Jawo receives GPU executive

Gambia’s Minister for Information and Communication Infrastructure, Demba Ali Jawo, and Permanent Secretary, Lamin Camara, on Friday April 21 – received members of the Executive Board of the Gambia Press Union (GPU), a statement from the journalists body said.

The courtesy visit by the GPU aims to discuss issues relating to press freedom and media development in The Gambia.

During the meeting, the Ministry and the GPU discussed at length, and have arrived at common grounds, on a number of reforms that should happen around laws and policies that affect in particular the operations of media in the country. The Ministry and the GPU, therefore, agreed to work closely in conducting reforms.

The GPU also took the opportunity to brief the Ministry on its upcoming commemoration of World Press Freedom Day, which this year, will feature a march pass, symposium and national journalism awards.

The Ministry was also updated on the GPU’s ongoing projects sponsored by the National Endowment for Democracy, United Nations Democracy Fund, EU-UNESCO, and Danish Government through GAMES.

The ministry was informed that through these projects, the GPU will be able to improve journalism education and practice in the country, while contributing to create an enabling environment for freedom of expression in the Gambia.

The GPU delegation was led by the President, Bai Emil Touray, accompanied by two of his assistants Namory Trawally and Modou Kanteh, as well as Secretary General, Saikou Jammeh.

Travel Clearance for Public Officers Undermines Effective Management

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Travel Clearance for Public Officers Undermines Effective Management

 

By Madi Jobarteh

 

I wish to join Mr. Ernest Mendy of the Gambia Revenue Authority to request Pres. Adama Barrow to withdraw the decision to maintain ‘Travel Clearance’ for public officials. During the dictatorial regime of Yaya Jammeh this practice was introduced so that public officers of a certain rank would have to obtain an approval from the president or vice president in order to be able to travel out of the Gambia. It does not matter whether such travel is for official or personal purposes or if the Gambia government or the official himself was to finance that travel. Therefore this was a very arbitrary practice, which effectively restricted the movement of public officials regardless of their situation. That is abuse of power!

 
As Mr. Mendy rightly said this was a costly practice on public officials. I will also add that it was a costly practice on the government as well. There were many useful meetings and conferences for which public officials were to attend but they could not simply attend because it was either too late to get the clearance or the clearance was not approved. Some of these conferences were no cost to the government yet that official could not attend when that conference could have been beneficial to the institution and the Gambia. It also meant that there were travel clearances approved which were of no use to the Gambia. Hence this practice is not cost-effective and also a burden on both the person and his or her institution.

 
The idea of the travel clearance must first be understood in its proper context. During the APRC Tyranny, Yaya Jammeh had no work but to defraud and enslave the Gambia in any imaginable way possible. To be able to do that he had to have effective control over each and every Gambian institution. Hence the travel clearance was merely a tool in the hands of Yaya Jammeh to micromanage so that he could have the feeling of power and control as he liked. He did not care if such measures were harming or benefiting the Gambia.

 
Secondly this travel clearance also reflected a situation in which Yaya Jammeh never trusted his ministers, permanent secretaries and officials down the line. Hence for him unless he had direct access and control of every aspect of life in the public sector he considered himself weak and threatened. Otherwise which president in the world other than Kim Jong Un of North Korea would busy himself or herself with the traveling of public officials? The president is expected to have lot more important issues to focus on than about which pubic official is traveling to where and when and why. What then is the purpose of the ministers and their permanent secretaries and their directors?

 
Pres. Barrow needs to realize that we do not need that strong man mentality of Yaya Jammeh. Rather what we need are strong institutions operating along the lines of transparent, accountable and modern rules and processes. We expect Barrow and his team to inject such values and standards into our institutions to ensure that they operate efficiently and effectively than seeking to poke their noses into every little business of public institutions. That does not generate confidence and excellence. In the long run it will cause abuse and waste of public resources.

 
I therefore join Mr. Ernest Mendy to demand that such draconian and inefficient methods of public sector management be abandoned immediately. We have well trained public managers in our public sector who should be able to manage these issues. If there are genuine concerns that Barrow has, we expect him to introduce better modern management techniques and procedures that will ensure that there is no abuse of travels, and if they happen perpetrators are brought to book.

 
After all, we also have the PAC and PEC of the National Assembly to better scrutinize the activities of public enterprises and institutions. These institutions also have boards of directors to play an oversight function. Hence these are the structures Barrow needs to address to awaken them to their national duty. The managing directors, permanent secretaries as well as the ministers are all structures that should play their functions effectively to ensure that travels are not abused. They are closer to the issues to make better judgments than the president or the vice president.

 
What we need in this new Gambia is for the Barrow Administration to ensure that institutions have strategic plans, work plans and budgets to guide their operations. We need results-based management systems including effective monitoring and evaluation structures and tools to ensure value for money and more importantly change that we desire. In essence we need to promote the supremacy of institutions that are knowledge-based, transparent and accountable. Hence the idea of travel clearance is not only crude and backward but it is also inefficient and costly.

 
Let us tell the government to support the building of institutions than to hand over unnecessary and huge power to one person simply because he or she is the president. When we do that, we do not only fail as a nation, but we also endanger that president and perpetuate corruption. The travel clearance was severely abused in the past, as there was no accountability again as soon as the Office of the President approves it. When that approval was obtained, no minister or permanent secretary can do anything about it but to fund it, regardless. Hence it undermines the functions of ministers and permanent secretaries while public money is being wasted in broad daylight.

 
Therefore let Barrow hand over the management of ministries, departments and agencies to their respective heads and boards to run. Let him trust them. Let him remind them of their duties. Let him ensure openness and accountability. But he cannot run these institutions for them. His role as president is to ensure overall efficiency, accountability and results through his Cabinet. No to Travel Clearance!

God Bless The Gambia!

GDC yet to petition election results

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GDC yet to petition election results

 

Mamadou Jallow also called M5 has said that The Gambia Democratic Congress GDC has not so far filed any election petition case at the court, contrary to widespread reports following the party’s’ expression of concern about the conduct of the recently concluded National assembly elections.

Speaking to The Standard yesterday Mr Jallow who is the party’s Public Relations Officer said even though the GDC has misgivings about some of the results in constituencies it contested, the party has so far not filed a single case in court.

“You see the main issue is that many people have been misunderstanding the GDC and its policies since the very beginning,” Mr Jallow said.

Asked if the GDC will not miss the deadline to file its case, Mr Jallow said the when and how will be determined by the party leadership, which has collected all relevant facts about the complaints.

‘The party leadership will decide but as for now we have not file a case but we are aware of the constitutional requirements, ”he said.

Asked what is the specific concern of the GDC in the elections Jallow said a clear example happened in Bundung where the official results announced by the IEC and the actual figures collected by their agents on IEC forms differ by several dozens.

“Also our agents were not allowed to vote where they were posted,”he queried. Jallow said if all these irregularities were avoided their candidate would have won Bundung instead of the UDP.

He further alleged that in Sandu, his party was credibly convinced that the GDC won the ease from the results it collected from the spot counting in the entire constituency. ”However when they went to the Collation center in Basse it was declared that it was the UDP that won,”he alleged.

The GDC won 5 out of 52 seats they contested in the April 6 elections.

Interior resumes passport issuance

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Interior resumes passport issuance

 

The Ministry of Interior has announced the resumption of issuance of Machine Readable Passports, which was suspended a few weeks ago.

According to a statement from the Ministry the issuance would be strictly along certain guidelines and requirements which personal appearance for first time applicants.

Secondly requirements for replacement of lost or expired Machine Readable Passports (Not Biometric) by those living in the Diaspora requires personal appearance at the nearest Gambian Embassy or Consulate with relevant supporting documents (Old documents that show correct name, date and place of birth, picture and signature of applicant).

The statement said in case an applicant resides in a country where there is no Gambian Embassy or Consulate,a notarized Affidavit of proof of Citizenship submitted on behalf of the applicant. See full release below:
The Ministry of Interior hereby informs the General Public about the resumption of issuance of Machine Readable Passports strictly along the following guidelines and requirements

1. First-time passport applicants within the Gambia are encouraged to apply for the Biometric Passport for which personal appearance is required.

2. Requirements for Replacement of Lost or Expired Machine Readable Passports (Not Biometric) by those living in the Diaspora requires Personal Appearance at the nearest Gambian Embassy or Consulate with relevant supporting documents (Old documents that show correct name, date and place of birth, picture and signature of applicant)

In case applicant resides in a country where there is no Gambian Embassy or Consulate
· Notarized Affidavit of proof of Citizenship submitted on behalf of the applicant.
· The Identity declaration completed by a national assembly member of the applicant’s constituency and accompanied by an endorsed photograph signed by the same person.

· Original and photocopy of first and last page of expired passport or any other national document (If available)

3. REQUIREMENTS FOR REPLACEMENT OF LOST PASSPORTS:
Submit Notarized Affidavit of Loss (with detailed explanation on when, where and how passport got lost).
If the lost passport is still valid, submit Police Report.

Photocopy of first page and last page of lost passport (if available)
In order to protect Gambian Travelers and to restore the integrity of our vital national identity documents, all supporting documents, for example, Birth Certificates will be subject to further verification with the office of the registrar of Births at the Ministry of Health and Social Welfare.

These measures are taken to avert fraudulent acquisition of Gambian passports and to ensure that our national documents are obtained through legal sources.

Please take note that there could be a 30-day clearing period prior to the processing of a new application or for replacement of expired or lost valid passport unless it is absolutely urgent and necessary.
For further information please contact the Ministry of Interior on 4223877.

 

Source: Standard Newspaper

President Barrow Travels to Sierra Leone, Liberia and Ghana

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President Barrow Travels to Sierra Leone, Liberia and Ghana

 

The Office of The President wishes to inform the general public that His Excellency, Mr. Adama
Barrow, President of the Republic of The Gambia will travel on an official visit today, Wednesday,
26th April 2017 to Sierra Leone, Liberia and Ghana.

His Excellency, The President and delegation will depart Banjul International Airport at 5:00 P.M
and those invited to see him off are requested to be at the airport half an hour before departure for the
usual ceremonies.

Amie Bojang-Sissoho
Director of Press and Public Relations

Building A Modern Democratic State

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Building A Modern Democratic State

 

By Madi Jobarteh

 

Follow Up on Njundu Drammeh’s Conversation with Pres. Adama Barrow

 
Introduction

 
I refer all to read the great conversation Njundu Drammeh has opened with Chief Servant Adama Barrow today January 25. I have picked up one piece of that conversation to also elaborate for the attention of Team Barrow and the entire Gambian people.

 
Since Ghana became the first independent African country south of the Sahara in 1957, the bane of African governance and development continues to be the inability to create a robust modern democratic dispensation. Consequently coups, corruption, poverty and civil war became a major feature of independent Africa until today.

 
Contrary to previously held notions that only dictatorship could produce development, it is now clear that ultimately it is in fact good governance that ensures sustainable development and durable freedom in society. For example, we have seen how the Soviet Union collapsed after building one of the most advanced societies in the world where homelessness and illiteracy were almost eradicated. Yet after 70 years it imploded. Yet in another scenario, the United States continues to flourish after 240 years despite its many social and economic inequalities. The only explanation for these two scenarios is the lack and the presence respectively of a modern democratic statecraft.

 
For that matter, the issues Njundu raised are of significant importance for the Gambia and Africa. This is why I have identified four issues for further elaboration because I feel what Gambia needs is a modern democratic statecraft. I hold the view that the creation of such machinery should be the defining criteria for Adama Barrow and the transition. A modern democratic state is built on four foundations: Institutions, Transparency, Accountability and Empowerment of the people.

 
1. Institutions

 
Development thinkers and human rights defenders have now concluded that the difference between societies in terms of ensuring durable human development and the protection of human rights lies in functional institutions. In essence, thinkers have found out that since the industrial revolution to date, the major inevitable reason why nations fail or progress lies in the creation of inclusive institutions. Hence the best foundation that Team Barrow can put in place is to ensure that the Gambia has institutions that are inclusive, transparent and accountable.

 
There are uncountable lessons for us to learn in terms of institutions. Because when you critically analyze dictatorship, it shows that in fact it is a situation where an elected president deliberately personalizes or disregards institutions just to ensure that his whims ad caprices are done. This was what Yaya Jammeh did as we saw how he would hire and fire as he liked. Secondly institutions operate on the basis of processes, which are spelt out in the rule of law in the constitution. Hence we had seen during the APRC Tyranny how these rules of law and processes were diverted, ignored and broken. It is when institutions and their processes based on the rule of law are broken and subverted without redress that impunity prevails.

 
Hence the lessons Barrow has to learn and the legacy he has to build is to ensure that public institutions are protected from direct political interference. He has to ensure that these processes and the rule of law are respected. This means therefore public officials who work in these public institutions are protected from undue control. He must ensure that professionalism and knowledge guide the operations of these officers and institutions, which must not be politicized. If Barrow can ensure that then he would have given birth to a new Gambia.

 
2. Transparency

 
In order to ensure that institutions are functional and inclusive means therefore they must be transparent. This means public officials who work in the institutions must know the laws, rules, and terms of reference of their institutions. They must know the powers, aims and objectives of these institutions as well as their values, mission and vision. This also means the general public must know the functions and the powers of public officials and institutions so that the people would know how to engage them. In that case when there is abuse of power or corruption the public would know and be ready to expose them.

 
Therefore public institutions must be ready to share information with the general public about what they do in order to enable the public to also play their role in ensuring performance. If people do not know the role and powers of a public institution and officers, then it means the public would not be able to know if that institution is indeed performing their obligations or not. Without such information it also means the public would not know what to expect from that institution.

 
To do this efficiently, Barrow must ensure that all public institutions have channels through which they will share information about their functions, laws and powers as well as their work. Communication is the heart of transparency and therefore necessary avenues must be created for that purpose. Thus public institutions must have communications officers as well as social media platforms, newsletters and create feedback mechanisms as well as conduct periodic press briefings. This way the public would know what these institutions and officials are doing or not. These pubic institutions would also get necessary feedback from the public about them.

 
3. Accountability

 
The heart of development and human rights protection is accountability. Without accountability we would not be able to know if public institutions are performing or not. Accountability tells us whether we are making progress or we are failing. Accountability tells us if there was violation of human rights and redress or not. To enhance accountability, transparency is fundamental. Furthermore, accountability requires the creation of clear methods, tools and processes to ensure performance and justice delivery. Thus Team Barrow must ensure that a clear system of accountability is in place. Without a robust system of accountability, Barrow could find himself between DK Jawara or Yaya Jammeh or worse.

 
Section 17 of our Constitution already establishes the foundations for accountability. It has identified the foremost accountability institutions as the Office of the President to be followed by the National Assembly and then the Courts. The constitution states quite clearly that it is these institutions and the agencies below them that have the primary obligation to protect the rights and fulfill the needs of the citizen. These rights and needs have been spelt out in Chapter 4 of our constitution.

 
The task facing Barrow therefore is to ensure that the necessary mechanisms are put in place to make sure public institutions especially under the Executive perform those obligations. For example, PURA is an accountability institution just as the police or Women’s Bureau as well as the Food Quality and Safety Board among many others including the ministries. As Njundu noted, these state agencies must each develop their strategic plans, which are monitored to ensure that they implement them. This requires the Barrow Administration to develop the necessary reporting processes where these public institutions and officials report and obtain feedback.

 
The National Assembly must also strengthen its committees especially the PAC and PEC to ensure that public institutions report on time thoroughly. They must not only look at compliance in terms of how they abide by procurement guidelines or implement activities according to an action plan, rather more importantly they must also focus on results and the change that should have been created. We do not need only be told that there was no unapproved spending and that all activities were implemented on time. Rather we need to hear whether those resources and activities have in fact brought about an improvement in the lives of citizens.

 
4. Empowerment of the People

 
The biggest resource therefore that Team Barrow has is the Almighty People. That is, do we have an informed citizenry that know their rights and also understand the obligation of the state and its processes? In order words if our citizens lack the necessary civic education or political awareness, then we would only have a dormant population. Such a population only worships the government and leaders thereby giving rise to dictatorship, corruption and abuse.

 
What Barrow needs therefore is a population that is politically informed and active. He needs a citizenry that understand that public institutions and public servants are there to serve the people. Such a population will hold the state to account and demand transparency and openness. It is such a population that will not tolerate abuse of power but will compel the state to perform to the best of its ability.

 
For that matter therefore, Team Barrow must create the necessary avenues and tools to ensure that our general public is informed of the functions and powers of the State. The National Council for Civic Education must be empowered to intensify civic education. The public media must be an avenue for that purpose while private media must also be engaged to allocate a percentage of their airtime to public service dedicated to civic awareness. Above all, Barrow must reject sycophancy from any quarter but demand that the rule of law and accountability prevail at all times.

 
Conclusion

 
All human beings have a tendency to be liberating or oppressive. Those with power have a greater tendency to be corrupt, oppressive and exploitative. History has shown until today that what therefore restrains individuals especially public officers is the rule of law and functional institutions. The example of that is currently unfolding before us in the United States. It is clear that Pres. Donald Trump has severe tyrannical tendencies. But we have seen how the institutions of America under the control of empowered public officials and an informed citizenry are restraining him.

 
The lessons therefore are that had Trump been the President of the Gambia, it is clear that he would have become a classic dictator. Similarly if Yaya Jammeh was the President of the US, it is clear that he would have been a classic democrat. What is responsible for that is the presence of institutions that function according to the rule of law in the US while the Gambia lacks such institutions. The task therefore is for Barrow to create those institutions in order to create a modern democratic state.

 
Team Barrow must realize that they face history at this time. Since independence in 1970, the Gambia never had a regime that has deliberately created the necessary institutions and processes to ensure that there is an informed and an empowered citizenry. We have not created the conducive environment in which institutions will be inclusive, transparent and accountable. Consequently, our entire state machinery and its officers have only produced more poverty than created prosperity and liberty. The question Barrow faces now is can he ensure the creation and functioning of inclusive institutions for the first time in our history? Time will tell.

 

God Bless The Gambia

Lawmaker Calls For Political Awareness Among Electorates

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Lawmaker Calls For Political Awareness Among Electorates

 

By Lamin Sanyang

 

Honourable Lamin J. Sanneh, National Assembly Member for Brikama South has raised concerns on the political awareness of most Gambian electorates at the National Assembly in Banjul.

The Brikama South Parliamentarian after commending the electorates at the adjournment debate made emphasis on advocacy for voter education across the country. He highlighted the lack of political awareness amongst the electorates across the country particularly on issues relating to tribal instincts. He called on people to disassociate from partisan and tribal politics.

“Some people will say they did not oppose a sitting government,” Hon. Lamin J. Sanneh said.

Honourable Sanneh further went on to talk about the removal of street lights in Brikama which he said is a cause for concern. He called on the authorities concern to resolve the problem as a matter of urgency. He also called on the government to create employment for the youth by creating juice factories at Marakissa and Darsilami villages because these settlements are endowed with many fruits.

Honourable Momodou LK Sanneh, Deputy Speaker of the National Assembly also elaborated on the same point. He called on the government to empower the National Civic Education which he said was created to sensitize and educate Gambians. He quoted section 198 of the 1997 Constitution of The Gambia.

“They should go all around the country so that Gambians can be politically aware,” Hon. Momodou LK Sanneh, Deputy Speaker said.

The Deputy Speaker of the National Assembly said he concurred with the previous speakers on the appointments of Chiefs and Village heads which he said should be done by the people themselves.

Deputy Speaker Sanneh also talked about the prison reformation particularly the cell conditions of the State Central Prison Mile II. He talked about the food and health conditions as he served time in the prison. He called for respect on the rights of the inmates.

“The key to our salvation is knowledge,” Halifa Sallah, NAM for Serrekunda said.

Honourable Sallah said change has come at the very challenging period of The Gambia’s political history, saying an informed citizen is a sovereign and liberated citizenry. He called on the executive to come and address the national assembly on the issue of legislative agenda. He also talked about constitutional amendment and institutional reforms.

“The issue of accountability and transparency is paramount,” Honourable Sallah pointed out.

He added:”We are not toothless bulldog.”

According to Sallah, the National Assembly select committees have the same powers as the high court to summon anyone or institution but added that the members must be prepared.

“We must add values to the change that has happened,” he pointed out.

Sallah called on the government to investigate the billions spent in the agricultural sector. He also raised the issue of unemployment, saying most of the youths during the presidential campaign complained about joblessness. He said the minister will be invited to give feedback.

Honourable Alhagie S Darboe, NAM for Brikama North envisaged for the new Gambia which he has highlighted on issues of security, energy and democracy among other things.

“We will be the assembly of the people by the people and for the people,” Honourable Alhagie S Darboe said.

The Brikama North NAM said he was impressed with the level of deliberations of the honourable members which he said demonstrates that they will no longer be regarded as rubber stamps if they continued on the trend taken.

Meanwhile, several members made interventions before adjourning to sine die.

President Barrow Says Insurance Should Cover Everybody and Everything

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President Barrow Says Insurance Should Cover Everybody and Everything

 

His Excellency, President Adama Barrow reiterated the need to sensitize Africans, Gambian in
particular about the importance of insurance. He made the remark during a courtesy call by Board
members and Commissioners of the West African Insurance Companies Association WAICA at his
Fajara office.

 
President Barrow noted that insurance should cover everybody and
everything as is the practice in developed countries. Citing on the
composition of the membership, President Barrow said he was impressed
with what he described as “an African family in solidarity.” He recalled how
The Gambia benefited from such Africa solidarity during the political
impasse after the 2016 Presidential elections. The Gambian President said
that the New Gambia welcomes all and creates a new environment for people
to invest. He urged those in the Insurance sector to invest in The Gambia.
He observed the cross-generational membership of WAICA as a
demonstration of seriousness to encourage the young ones. Another
observation of the membership was that the past presidents of WAICA
members continue to serve in its board, and President Barrow concluded that
“when appointed as President and you serve well you remain President.”

The current President of WAICA, Mr. Rotimi Fashola, congratulated
President Barrow and prayed for guidance in his engagements. He noted that
WAICA came a long way and will continue to contribute to the Insurance
sector education. Mr. Fashola said WAICA League focus on insurance
education to the grassroots to reach a large number of people to accept the
insurance concept. He argued that the Insurance sector contributes to employment creation and
economic growth in The Gambia. It was also noted that the Insurance regulators would work

together to have laws that will guide the sector across the member countries.
​
In his introduction the Spokesperson of WAICA, Mr. William Coker said the visit was part of the 39th
anniversary celebration of their association and made an appealed for it to continue to benefit from
government subvention.

The delegation of 16 members from Nigeria, Liberia, Sierra Leone, Ghana and The Gambia was
accompanied by the Gambian Minister of Interior, Honourable Mai Ahmad Fatty, overseeing the
Ministry of Finance and Economic Affairs.

Amie Bojang-Sissoho
Director of Press and Public Relations

Gambian UN diplomat expelled from Tanzania

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Gambian UN diplomat expelled from Tanzania

Tanzania has expelled the head of the United Nations Development Programme (UNDP) in the country, the Foreign Ministry said in a statement.

Awa Dabo, a Gambian national, is blamed for what the government said a “deteriorating performance” of her office, driven by what it called her “strained relations” with staff.

The Foreign Ministry statement did not comment on the reports, but urged the UNDP to remind its staff that their first priority was to work closely with the Tanzanian government to help it meet its development targets.

Ms Dabo had been deported over the weekend, on the same day the government issued the order, under a security escort.

Neither Awa nor the UNDP has so far reacted to the move by the Magafuli government but local media have linked the shock move against her as due to comments made about last year’s blatantly stolen elections on the Tanzanian island of Zanzibar.

It could be recalled that the Zanzibar’s controversial election was re-run in March 2016 and prompted a US government aid agency to withdraw nearly half a billion dollars of funding from Tanzania, describing the vote as “neither inclusive nor representative”.

Legislators Call On The Executive To Attend Sessions

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Legislators Call On The Executive To Attend Sessions

 

By Lamin Sanyang

 

Gambia’s National Assembly Members have called on Cabinet Ministers to attend legislative sessions at the National Assembly in
Banjul.

Honourable Kebba K. Barrow, National Assembly Member for Kombo South and Majority Leader has moved the motion which was seconded by Honourable Samba Jallow, Minority Leader and National Assembly Member for Niamina Dankunku.

Several interventions were made by the deputies on the problems affecting their respective constituencies ranging from electricity, water, road and health facilities across the length and breadth of the country. Honorable Sidia Jatta, National Assembly Member for Wuli West has emphasized the importance of calling on the executive to attend parliamentary sessions otherwise they will be only talking to themselves at the National Assembly. He further made suggestions for using local languages instead of English as a means of communication in the National Assembly.

The honorable Member for Lower Niumi, Mahtarr M. Jeng has also made emphasis on the executive to be attending legislative sessions.

“I wish the Minister of Energy is present here,” Honourable Mahtarr M. Jeng said.

Jeng also highlighted the bad roads in his constituency which he said has been a major issue of concern for the past 40 years. He explained the hazards of the Banjul/Barra ferry crossing point. He cited the bad conditions of the ferries without any insurance for the passengers.

The Lower Niumi NAM queried about the appointment of Chiefs and Alkalolu by the president of the republic in consultation with the Minister of Local Government, Lands and Regional Integration.

“Why Should the president appoints Chiefs and Alkalolu when he is elected by the people ” he interjected.

He added: “Let the people nominate and elect their own Chiefs and Alkalolu.”

The NAM for Lower Niumi further questioned the reason of leaving the office of the Vice President vacant for more than 3 months.

“Are they waiting for the National Assembly to amend the constitution?,” he asked.

At this juncture, the Speaker of National Assembly intervened saying she understands that the government is working on the constitutional amendment at the Ministry of Justice.

Honourable Kajali Fofana, National Assembly Member for Jarra West called on the government to invest in agriculture.

Honourable Alh. Sankung Jammeh, National Assembly Member for Foni Jarrol explained the plight of Foni to the National Assembly. He said they are part of the country and demand for equal treatment. He condemned the incident that happened in Kanilai leaving 3 soldiers wounded.

The members for Banjul North, South and Central all highlighted the problems facing the city particularly the drainage and sewage system in the rainy season.

“We are all ashamed of the situation in Banjul,” Honourable Fatoumatta alias Touma Njie said.

Ousman Sillah, NAM for Banjul North called on the amendment of the section in the constitution that empower party leader to dismiss National Assembly Member making them to lost their seats.

Honourable Suwaibou Touray, NAM for Wuli East said they are not only complaining but would want the government to intervene. He demanded the presence of the executives. He also questioned whether the new government would be following the budget made by the former President Jammeh or need another indemnity bill.

Meanwhile, several interventions were made by various members. The sitting was later adjourned.

UDP Holds Victory Rally

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UDP Holds Victory Rally

 

By Lamin Sanyang

 

The United Democratic Party UDP held a victory rally after winning 31 seats in the recent parliamentary elections at Buffer Zone in the Kanifing Municipality.

The rally brought together parliamentary candidates with delegates across the country including those who were defeated in the elections. All the candidates were introduced one by one. There were rousing applaud from the crowd.

Speaking on behalf of the elected National Assembly Members, Honourable Madi MK Ceesay, National Assembly Member for Serrekunda West, has commended the electorates who voted for them.

“We are different from other National Assembly Members,” Hon. Madi MK Ceesay said.

Ceesay, a journalist cum politician promised that they will enact good laws in the National Assembly by making constitutional amendment. He talked about reforming the laws on age limit among other things.

“We will not make laws that will harm the people,” he asserted.

The Serrekunda West NAM said as National Assembly Members they do not have any budget to build schools or hospitals but will make sure that tax returns are properly utilized for the development of the Gambian tax payers.

Abdoulie alias Suku Singhateh, former parliamentarian spoke on behalf of the deflected former APRC National Assembly Members. He dished out money to praise singers and told the elected National Assembly Members to represent their party very well in parliament. He said they are the government in power and should support their development agendas.

“There are former APRC Cabinet Ministers, National Assembly Members and Councillors that are planning to meet Ousainou Darboe to join his party. Very soon you will see many of them on TV,” Suku Singhateh said.

Singhateh called on the supporters of the United Democratic Party UDP to open space for the people who want to join their party. He commended the UDP leader for his exemplary leadership qualities.

Mr. Amadou Corra from Tumanna who gave a brief history of the formation of the United Democratic Party called on the Gambians not to play with the party because it was the party that sow the seeds of democracy in this country. He said Ousainou Darboe is a descendant of “Waliyu” godly people.

“Anybody who dies in the UDP will enter heaven,” Amadou Corra said.

Corra advice the elected National Assembly Members to serve the party’s interest rather than looking for personal gains.

There was a young man from Busumbala who translated the English Alphabet by connecting it to the country’s political activities. Several people took turned to expressed their support and commitment to the party.

Meanwhile, Lawyer Ousainou Darboe was not present at the rally but Honourable Momodou LK Sanneh, the Deputy Speaker of the National Assembly and Lamin N Dibba, Minister of Local Government were present. Mr. Ebrima alias Ebou Manneh and Mr. Femi Peters were earlier on introduced as ambassadors to the United States of America and United Kingdom respectively. Ms Ramzia Diab alongside other party bigwigs graced the occasion.

Lifting of Restrictions on Importation of Onions and Potatoes and Additional Measures

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Lifting of Restrictions on Importation of Onions and Potatoes and Additional Measures

 

The general public is hereby informed that in order to ease the burden on consumers, the Government
of The Gambia has taken the following measures with immediate effect:

The ban on the importation of onions and potatoes is lifted. Therefore all importers of onions and
potatoes are free to import these products.

The duty on imported flour has been reduced from 47% to the normal rate of 20% and the reference
value shall be the transaction value.

The additional measures of D1 per kilo of cement and 5% excise tax are now removed.

The Government of The Gambia wishes to reaffirm that it will continue to pursue an open and liberal
economy aimed at boosting trade and economic growth.
​
​

Amie Bojang-Sissoho
Director of Press and Public Relations

Interior Minister says Kanilai incident was accidental discharge caused by delayed communication

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Interior Minister says Kanilai incident was accidental discharge caused by delayed communication

Gambia’s Interior Minister has described the shooting incident between the ECOMIG forces and Gambia’s Army that occurred on Thursday in Kanilai, home village of former President Jammeh, as accidental discharge caused by delayed communication.

According to him, it is important for the country to understand that there is no cause for alarm, that there is no serious confrontation between the Gambia Armed Forces (GAF) personnel and ECOMIG troops on the ground.

Mai Ahmad Fatty made the remarks on Friday at a press briefing at the Ministry’s Conference room following several narrations and version regarding the shooting incident that happened in Kanilai between the two forces.

He said the incident is been blown out of proportion and exaggerated in many quarters.

Narrating how the incident happened, Minister Fatty said part of the four main functions of the ECOMIG mandate in The Gambia is to protect Kanilai and surrounding areas. He said they are doing that and base in Bwiam, not too far from Kanilai.

“We have these forces who supposed to be stationed in villages just before Kanilai and communication was a bit slow in reaching to our Gambian forces that the Senegalese troops will be station there. And by the time the information got to them, there was an attempt by the Senegalese forces to pass through Gambian security corridors. At the time the incident took place, the Gambia Armed Forces did not get clearance from the Gambia national army command. They could not allow them access. Fundamentally, the Senegalese forces also acting within the mandate which allows them unrestricted access to that area also felt they have the right to access the area. So that was just a little miscommunication. There was no intentional effort on the part of the Senegalese forces to shoot anybody” he narrated.

He repeated that it was an accidental discharge that resulted to minor injuries but quickly noted that no member of the Senegalese forces or ECOMIG present had any direct aim at anyone. He also noted that none of the injuries where live threatening as victims were immediately evacuated to Bwiam and RVTH and released same day.

“It was a minor misunderstanding or miscommunication that resulted to what transpired. The matter has been diffused and deescalated. There is no tension in either sides – the Gambian side or the ECOMIG side. Both Armed forces are integrated so that they can perform their duties properly” he said.

Minister Fatty described the situation as regrettable adding that a meeting was immediately convened between the ECOMIG command, GAF and the Gambian side. He said there was effective and rapid response in the highest level in the country and consultations were conducted on all sides. He said they had affirmed readiness to continue with ECOMIG on the ground as they are here to help stabilize the country.

“There is no difference or confrontation between the forces. It was delayed communications which cause the misunderstanding at the access point. The Gambian side was supposed to be communicated to but they got the information later before the Senegalese movement. But now there is harmony. We are brothers and sisters with Senegal and the Senegalese forces are performing a important duty on our soil. We welcome them and I want all Gambians to embrace them. They are not an occupying force, they are not here to threaten our peace, they are not here to oppress, and they are not here to impede on the rights of every Gambian citizens. Rather, they are here to improve our security to enable the government become more functional and give us an environment we can perform the reforms that are necessary t move this country” Minister Fatty said.

He commended the Gambian forces for acting professionally during the incident by exercising maximum restraint.

“They did not return fire when the accident discharge happened. They behaved in the most disciplined manner which really helped to deescalate the tension during the inadequate miscommunication at the time” he said.

Minister Fatty assured that measures will now be taken in order to avert this kind of situations. He said effective coordination has been restored among all sides, communications will be effectively improved and the situation as at now has been restored to normalcy.

“There is no cause for alarm. No one in the country should be worried about anything and everything is quiet and peaceful. Nobody should be concern about going out or traveling or passing by Foni. This is not a grave situation and not dangerous phenomena and there is no escalation of violence or hostility but natural occurrence. We have learnt from this lesson and the lesson will continue to guide us and the ECOMIG command too has learned from this” he concluded.

THE CONSTITUTION AND THE MOU ARE MUTUALLY INCLUSIVE

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THE CONSTITUTION AND THE MOU ARE MUTUALLY INCLUSIVE

 

INTRODUCTION

Prior to the December elections in The Gambia, several opposition parties formed a coalition to remove the incumbent President Yahya Jammeh from office. As expected of any genuine political compromise, they held several meetings to achieve their common goal of uprooting long-term leader of the APRC regime. During their negotiations, many citizens hoping for a relief from the oppressive regime and generalized economic hardship kept their nerves as they prayed, encouraged and urged the political leaders to find a workable solution. Majority of Gambians shared the prevailed view that no single political party could defeat Jammeh through the ballot box. However, optimists believe that if the opposition political parties could coalesce around a single presidential candidate, the seemingly indomitable Jammeh will be defeated at the ballot box. When news broke out that GDC has pulled out of negotiations, many felt betrayed and condemned that party’s actions. In fact, many people speculated that GDC is a sham party the dictator was using as a front to create disunity and distractions in the ranks of the opposition to ensure his fifth electoral victory.

Notwithstanding GDC’s withdrawal from the talks, the remaining parties miraculously reached the long-awaited compromise that had remained illusive to the opposition parties since 2002 presidential election. The agreement was documented in a blueprint called a Memorandum of Understanding (MOU). The MOU listed the goals, the strategic objectives, composition, office of flag-bearer, tenure of office of the flag-bearer, transitional cabinet, coalition executive committee, Ad Hoc committees, The Secretariat, and transitional provision. Gambians and advocates for democracy across the globe hailed the brilliance of the drafters; endorsed the document wholeheartedly; and published and distributed it. The MOU guided the selection of the flag-bearer and fundraising initiatives to fund the campaign amongst other things. The incumbent was defeated and eventually removed by the Coalition through the ballot box in December 2016.

With all the aforementioned struggles and achievements, there have been hints that the terms and agreements of MOU would not be honored with respect to the stipulated tenure of office of the flag-bearer (President Barrow). Hon. Halifa Sallah, National Assembly Member for Sere Kunda and leader of the People’s Democratic Organization for Independence and Socialism (PDOIS), has been asked on several occasions as to whether Barrow should step down after serving three years in office. He responded consistently that the agreement in the MOU should be respected. Mr. Ousainou Darboe, the Minister of Foreign Affairs and leader of the United Democratic Party (UDP), also had an opinion regarding the issue. He said the constitution mandates a five-year term for president. He contended that President Barrow must serve his full five-year term, and that he will personally challenge in court any attempt to condition President Barrow to serve only three years.

 

These different positions taken by the two veteran politicians have sparked a debate amongst people who endorsed the MOU at its inception. The supporters for a shorter transition argued that President Barrow should honor the agreement because he came to power through the MOU. If he honors the promise, some believes, that will send a strong message to all politicians on our eternal commitment to ending self-perpetuating rule to be cemented by incorporating a presidential term limit in our constitution. Those who are calling for President Barrow not to honor the MOU claimed that the three-year agreement for the Coalition President conflicts with Section 63 (1) of the Constitution of The Gambia. Not surprisingly, they argued that the Constitution being the supreme law of the land must be respected and should therefore prevail over the MOU of the Coalition. As such, they alleged that the tenure stipulated in the MOU is ‘illegal.’

At the drafting and subsequent signing of the MOU, all stakeholders knew very well that the tenure of office of any president in The Gambia is five years. This notwithstanding, they proceeded and appended the Coalition MOU. The question is why have they decided to do so? Well the coalition MOU has succinctly answered the question. It stated that the transitional government will “conduct constitutional review and electoral reforms and organize referendum” all within three years. It is clear from the aforementioned quote that the intention of everyone at the time was to call for a referendum — to replace the 1997 constitution derogatively called The Yahya Jammeh’s Constitution by the very people when in opposition abhorred it but now in power defend it — and subsequently general elections within three years. This will provide them the mechanism to enforce the three-year agreement stated in the MOU without necessarily violating any law, not especially the constitution.

I will attempt to explain in brief some of the questions frequently being asked with respect to the Constitution and the Coalition MOU.

 

What Is A Constitution?

There are various definitions of the term constitution. I prefer the following two definitions:

Gilbert Law Dictionary defines Constitution as “a system of basic laws and principles by which a nation, state, corporation or other organization is governed.” Business dictionary.com defines “constitution as a fundamental and entrenched rules governing the conduct of an organization or nation state, and establishing its concept, character, and structure.”

It can be deduced from these definitions that a constitution directs the actions and activities of people in charge of the affairs for the entity it is created. Therefore, as our constitution was created for the purposes of a country, its governors must align their actions to the principles, rules, regulations and laws stated, implied or envisaged in the constitution. Anything contrary or in violation of the constitution is null and void ab initio. Thus, the 1997 Constitution is the fundamental and supreme law of The Gambia.

 

WHAT IS A MEMORANDUM OF UNDERSTANDING (MOU)?

 

There is no universally acceptable definition of memorandum of understanding (MOU). I found the definition provided by Law Teachers particularly instructive. They define memorandum of understanding (MOU) as “a document describing a bilateral or multilateral agreement between parties. It’s most often used in cases where parties either do not imply a legal commitment or situations where the parties cannot create a legally enforcement agreements. It is more a formal alternative to a gentlemen’s agreement.”

A memorandum of understanding does not generally have the force of law and by that it does not generally create a binding agreement, as does a contract. As stated in the definition, people generally resort to MOU where they either do not intent a legal commitment or found themselves in a situation they could not create a legally enforceable agreement. The latter is what happened to the Coalition. They intended to have a legally binding document but found themselves in a position they couldn’t create a legally enforceable agreement. That was the reason they came up with an agreement in the form of a MOU.

 

WHAT DID THE CONSTITUTION SAYS ABOUT THE NUMBER OF YEARS BARROW SHOULD SERVED vs THE NUMBER OF YEARS THE COALITION MOU SAYS BARROW SHOULD SERVED?

 

As highlighted in the introduction, the most heated debate surrounding President Barrow and the Coalition is whether to honor the MOU or comply with the Constitution. The Coalition leaders are passionately divided on this issue, as are their ardent supporters. When Barrow was asked whether he would honor the three years agreement, he responded in the affirmative, but with a caveat that they may go back to the negotiating table if the need arises. When Halifa Sallah was asked he said he expects Barrow to honor the agreement. This notwithstanding, he alluded that he was also opened to the possibility of re-negotiating the tenure of the flag-bearer. When Lawyer Darboe was asked he said that the constitution provided for a five-year term, and that if President Barrow is to serve less than the full term, he will personally challenge it in the Supreme Court of The Gambia. Having briefly explained the position of some of the coalition leadership and their supporters, now lets see what the two documents say.

Section 63(1) of the Constitution provides that “ The term of office of an elected President shall subject to subsection (3) and (6), be for a term of five years;…” The MOU, on the other hand, provides under the heading Organs of the Coalition that “…The person elected at a National Convention of The Coalition who stands as an Independent Candidate belonging to no party shall be supported by the Coalition as Flag Bearer…The flag bearer will…a) Head a transitional government for a period of three years”

 

IS IT THE CONSTITUTION THAT IS SUPREME IN THIS CIRCUMSTANCE OR THE COALITION MOU?

The Gambia, like many democratic states, exercises what is called constitutional sovereignty. Constitutional sovereignty in a nutshell means the supremacy of the constitution, which is the expressed written will of the people. That is why in The Gambia, the Constitution is regarded as the supreme law of the land. The superiority of the Constitution over all other laws is as stipulated in Section 4 of the constitution of the Gambia. The said section provides that:

This constitution is the supreme law of the Gambia and any other law found to be inconsistence with any provision of this constitution shall, to the extent of the inconsistency shall be void.

Evidently, by virtue of the aforementioned section, the Constitution does not only have the force of law, it is the law that all other laws must conform to. The Constitution of The Gambia overrides any law or agreement (contracts, MoUs, Letters of Intent, etc.,). Thus, any law or agreement that is contrary or that violates any of the provisions of the Constitution, such law or agreement, if challenged in court will be invalidated.

The Coalition MOU, on the other hand, does not have the force of law for it cannot be enforced in any court of law in The Gambia to the extent inconsistent with the Constitution. And even where it could, it must be in conformity with the Constitution of The Gambia. In this circumstance (or any other circumstance), any agreement be it an MOU or a contract must conform to the Constitution of The Gambia for it to have the backing of the law. Premised on the aforesaid, the Constitution of The Gambia will prevail over the Coalition MOU.

 

CAN THE THREE-YEAR TENURE STIPULATED IN THE COALITION MOU BE ENFORCED WITHOUT NECESSARILY VIOLATING THE CONSTITUTION OF THE GAMBIA?

The answer is an emphatic yes. The political parties that formed the coalition have the power and influence to see that promises stipulated in the MOU are respect and executed as agreed. They constituted the cabinet and most importantly have absolute majority in the National Assembly. With such power, all they need to do is trigger constitutional reform by calling for a referendum. The referendum should be to repeal and replaced the 1997 constitution with a new constitution. To amend or repeal any provision of the 1997 Constitution of the Gambia, The bill must be supported by the votes of not less than three quarters of all members of the National Assembly first — this is after the bill has been published in the Gazette already see s.226 —, before it can be presented to the citizens in a referendum. This new constitution will give birth to the Third Republic. It will also mandate that we go to the polls to elect a new President and National Assembly Members. This being the case, they can make the commencement date exactly three years as stipulated in the Coalition MOU. Thus there will be no 1997 Constitution and therefore no violation of its provisions.

Conclusion

There is no doubt that the Constitution of any country is the supreme law of that land. As such, for the purpose of governing any country its Constitution takes precedence over the Quran, the Bible, Acts, Contracts, MOUs, etc. Where any of these scriptures or documents conflicts with the constitution, the constitution will prevail. I believe that the drafters of the coalition MOU were fully acquainted with this fact. They were also aware of the fact that from the attainment of independence, there has been no peaceful transfer of power in our country. The previous regimes spent a combine ridiculous fifty-two years in power. For whatever reasons best known to them, neither government showed any willingness to relinquish power.

 

If their reluctant to democratically transfer power taught us anything, the signatories of the Coalition MOU believed is the idea that citizens must decide on two-term limit for presidents. Every single politician in the country was theoretically not opposed to term limit or relinquishing power at some point. But once they were voted in office, they intentionally broke their promises. In fact, the APFRC said one of the core reasons why they orchestrated the 1994 coup is that President Jawara has stayed in power for too long, and alleged that he showed no willingness to relinquish power. When President Jammeh seized power, he also spent twenty-two years with even imperial ambitions to coronate himself as a monarch.

 

The political parties that formed the coalition knew that Gambians were tired with self-perpetuating rules. During their negotiations, and of course during the campaign, they promised that they would ensure that term limit is instituted. The tenure stipulated in the MOU is a statement of intent that term limit is a priority for the coalition and that they will start with themselves by agreeing on a tenure of office for the flag bearer with a three-year transition for the Coalition government.

 

They know very well that they will not be able to achieve everything they would want within three years — just as no government will be able to achieve everything it intends to achieve even if given hundred years — but will ensure that they set a precedent for subsequent governments. Premised on the aforesaid, the Coalition MOU is not illegal (so the claims that it is illegal is wrong) rather the MOU and the Constitution are mutually inclusive. The intention of all the parties to the MOU is clear and unambiguous. As the platform President Barrow was elected on, the Coalition MOU must be executed within the framework of the 1997 Constitution for the creation of long-awaited Third Republican Constitution in 2020.

Bubacarr Drammeh

3 SOLDIERS INJURED

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3 SOLDIERS INJURED

 

Three Gambian soldiers sustained injuries after a misunderstanding between the Ecowas military mission in the Gambia, Ecomig, and Gambia Armed Forces soldiers generated into a standoff at Kanilai, official sources told The Standard.

According to Lt Col. Omar Bojang Army PRO, the incident happened yesterday morning at Kanilai as a result of a misunderstanding. “But the matter has been resolved and there is no cause for panic. The matter will be jointly investigated by a board to determine what provoked the incident,” Bojang said. He added that this investigation board will get to the bottom of the incident and come out with a report. “But actually it was just a simple misunderstanding that has been properly handled and taken care of. There is absolutely no cause for panic or alarm,” PRO Bojang told The Standard.

Source: Standard Newspaper

Gambia: Justice for Jammeh-Era Abuses Crucial

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Gambia: Justice for Jammeh-Era Abuses Crucial

 

New Government Should Develop Roadmap for Prosecutions

(Nairobi) – Gambia’s government should act to prosecute those responsible for grave crimes committed during the 22-year rule of Yahya Jammeh. Fair trials are crucial for victims and their families and for building respect for the rule of law in the country.

In a March 6, 2017 letter to Attorney General and Justice Minister Abubacarr Tambadou, Human Rights Watch encouraged the new government of President Adama Barrow to develop a strategy detailing how it intends to hold to account those implicated in the arbitrary arrests, torture, and enforced disappearances that were the hallmark of Jammeh’s rule.

“All Gambians deserve to see justice for the terrible crimes committed during Jammeh’s rule,” said Jim Wormington, West Africa researcher at Human Rights Watch. “The new government needs to identify the concrete steps it will take to investigate past abuses and ensure fair trials.”

Barrow defeated Jammeh in the December 2016 elections and was sworn in on January 19, two days before Jammeh finally stepped down under threat of a regional military intervention. Jammeh went into exile in Equatorial Guinea.

Since taking office, Barrow’s government has released dozens of political prisoners and has reversed Gambia’s withdrawal from the International Criminal Court. Barrow has promised that victims of the Jammeh era will “get justice.” But while the government has announced plans for a truth and reconciliation commission, it has yet to say how it will conduct judicial investigations into past crimes.

During Jammeh’s rule, Human Rights Watch interviewed dozens of torture survivors, former detainees, and family members of Gambians killed or forcibly disappeared, including people targeted as long ago as 1996 and as recently as January 2017. Many described the government’s failure to investigate and prosecute abusive officials.

Tambadou told Human Rights Watch by email on April 20:

We want to ensure first and foremost that there is social cohesion and national reconciliation; to establish the truth and document an accurate historical record of past abuses in order to learn appropriate lessons and prevent recurrence; and to rebuild our administration of justice system in order to ensure not only prosecutions should it be required but also safeguard the fair trial rights of the accused in accordance with minimum standards of international human rights norms.

 

He said in March that, until his ministry has the necessary capacity and resources, “no new criminal cases involving crimes allegedly committed by the former government will be handled.” Tambadou had earlier criticized the police for the arrest of nine former intelligence officials for the alleged murder of opposition activist Solo Sandeng in April 2016, stating that it occurred without his knowledge and that “criminal investigations must never be rushed.” The prosecution has since asked for more time to collect evidence in the case, while the accused remain in custody.

Human Rights Watch identified key reforms needed to bolster the capacity, independence, and impartiality of the justice system, which was both neglected and politicized during Jammeh’s time in power. Priorities include establishing an independent judiciary; creating a system to protect witnesses and judges; ensuring that accused receive access to effective legal representation; and identifying ways to incorporate victim participation into the proceedings, in addition to serving as witnesses.

The government should also support efforts by third countries to bring universal jurisdiction cases against Jammeh-era officials living outside of Gambia, Human Rights Watch said. Switzerland has already arrested and charged former Interior Minister Ousman Sonko with crimes against humanity for his role in torture during Jammeh’s time in power.

“The Barrow government has expressed a commitment to justice for Jammeh-era crimes,” Wormington said. “Now they need to promptly develop a strategy to ensure victims and their families have their day in court.”

By Human Rights Watch

GOOD MORNING PRESIDENT BARROW

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GOOD MORNING PRESIDENT BARROW

 

Peace and security are the fundamental pillars on which any sustainable development is desk. I don’t really know what it is about this new government and the worrisome security lapses. To say it as result of its civilian back is a disservice to country. Apart from the CDS and Directors of NIA and Prisons, nothing much has changed in the security apparatus under the Barrow government. In fact it saw the reinstating of former officers and other ranks who were unlawfully dismissed by the dictatorship yet the security of the Gambia is more fragile today than before. What accounts for such security failures?

 
During the two in one celebration which witnessed the inauguration of President Barrow and the 51st Independence commemoration, serious security omission occurred costing three lives, many injuries and lost of properties. Nothing came out of it despite calls for an investigation into the blunders. Armed robbery along our boarders began to rise alarmingly. Then came the violent clashes between party supporters during and after the NAM election. Now shoot out between ECOMIG and and Armed Forces.

 

Well if it is a test on the strength and security preparedness of the new government, it has woefully failed.
Any government which openly manifest its distrust on the security services only helps in alienating itself from such a crucial institution and instrument for enhancing peace, security and stability. Many of services personnel feel alienated as a result of either tribe and/or loyalty to the dictatorship particularly during the impasse. The selective dismissal of officers and security chiefs only fueled suspicion and unspoken nepotism.

 

The continued presence of ECOMIG is another conflict of interest between them and our local GAF who perceived the latter as usurping their rights and duties. They also believed the current government like that of Jawara did with the Nigerian officers, look up to the ECOMIG more than them. The enjoy less privileges as opposed to the occupier soldiers. If you don’t trust the Gambia Armed Forces disband them. No serious security officer will allow another armed soldier entry to his guard post without clearance even if they are from your own unit. The ECOMIG are completely out of order in firing warning shots in Kanilai. To shoot at indigenous soldiers is not only unacceptable but a blatant insult to our soldiers. Well, if your own government does not respect you, how do you expect to get it from a strange who thinks he is better than you?

 
Mr President, your government needs to step up and seriously address the security issues. Asking Senegal to provide extra soldiers does not address the brewing security tension between your government, ECOMIG and the Gambian army. We are told not to criticise you because them brings more problems. We will continue to objectively call you out wherever you fail to deliver and if anyone is uncomfortable with that happy days. Similarly, the two state guard commanders are at war as to who commands the other. Everywhere one turns his face is met with an issue requesting an urgent response yet you carry on as if all is well.

 

Whatever is on your table now, must wait for the security concerns be sorted once and for all. Without security and stability nothing worthwhile can be achieved.
Until Monday, Jummah Mubarak.

 

Sulayman Jeng
Birmingham, UK

Banjulians decide their destiny, says O.J

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Banjulians decide their destiny, says O.J

 

Omar Jallow, alias OJ, the Peoples’ Progressive Party (PPP) Leader, recently said the people of Banjul have manifested that they are the one who decide their own destiny in terms of electing their representatives into public office.

He said this was manifested when Gambians did a convention to elect Adama Barrow as Gambian President through a Coalition Government, ending the Yahya Jammeh’s APRC Government on 18 January 2017.

Mr Jammeh now lives in exile in Equatorial Guinea, after refusing to accept Presidential election results – a week after conceding defeat.

He said the strategy for the Coalition was to elect a President, National Assembly and Local Government representatives, to review unfriendly laws, formulate laws and policies, and approve projects for development programmes for the citizenry.

He said initial plans were to contest as Independent Candidates under the Coalition Government to support Adama Barrow in Parliament, because according to him, no project can be implemented by Government without Parliamentary approval. “Parliament is more important than the Presidency because they can remove the president,” he added.

Mr Jallow noted that following the Coalition break away ahead of the parliamentary elections, individual parties contested against each other, instead of contesting as Independent Candidates under the Coalition- as agreed, as they did in the case of Adama Barrow. While some attempted to form Tactical Alliance, Banjulians came up with a convention to elect Parliamentary Representatives.

James Gomez, Fisheries Minister, a PPP member, explained that Team Tahawal Banjul was the name given to the committee that took applicant candidates through Primaries, leading to selection of three candidates for Banjul Central and South, a male and female drawn from the PPP and for North from PDOIS party.

All the candidates selected by Team Tahawal Banjul won the 6 April 2017 Parliamentary Elections.

OJ, who is also the Agriculture Minister, said Team Tahawal Banjul looked at those they believe would serve Banjul’s interest, adding: “What we see is Banjul, not party or individual interest. Those elected want peace for Banjul, and love Banjul.”

Jallow said Banjul is backward because they give their good things to outsiders, but expressed hope and confidence with the renewed spirit.

Source: Point Newspaper

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