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Gambia’s security forces must put human rights above loyalty to Yahya Jammeh

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The army has backed Yahya Jammeh, but now they must support a democratic transition.Gambia’s political crisis has entered a dangerous phase. After publicly conceding defeat in the December 1 presidential election, incumbent President Yahya Jammeh reversed his position on December 9 and rejected the election results. The longer he refuses to agree to step down, the greater the risk of human rights violations.

A high-powered team of West African presidents, led by Liberian President Ellen Johnson Sirleaf, the current chair of regional body Economic Community of West African States (ECOWAS), failed to persuade Jammeh to transfer power during a December 13 visit to Banjul, the capital, and the Gambian president appears to be digging his heels in. His party, the Alliance for Patriotic Reorientation and Construction, filed a Supreme Court challenge to the election results on the evening of December 13, making the court deadline by less than an hour.In his attempt to stay in power, Jammeh, and the security forces he controls, could resort to the arbitrary arrests, torture and forced disappearances against political opponents and activists that have marked his 22 years in office. Security forces in April and May arbitrarily arrested and beat more than 90 peaceful opposition protesters; two of whom later died in custody, one allegedly as a result of torture at the National Intelligence Agency.

The risk of rights violations underscores the responsibilities of Gambia’s security forces during the transition and the potential consequences if they fail to fulfill their international legal obligations. They should ensure that Gambians are secure, no matter their political persuasion, and that the rights to freedom of expression and peaceful protest are respected. The army and police leadership should ignore any order that contravenes these obligations and instruct their subordinates to do the same.

Jammeh is believed to retain the support of key members of the security forces. Army chief Ousmane Badjie on December 13 arrived for the ECOWAS talks wearing a badge on his uniform featuring Jammeh’s face and declared his support for the “commander in chief, President Yahya Jammeh.”

President-elect Adama Barrow, who has no army or police security detail, said on December 11 that he feared for his safety. Two days later, Gambian security forces evicted the courageous chairman of the Independent Election Commission (IEC), Alieu Momar Njai, and his staff from their offices. “Other than Barrow, I am perhaps the individual most at risk,” Njai told me afterwards. More…

Ibn Chambers to Jammeh : “The end is here”

“For Mr. Jammeh, the end is here and under no circumstances can he continue to be president” The Special Representative of the U.N , Secretary General and Head of the UN Office for West Africa and the Sahel is quoted by Reuters.

By January 18th, “his mandate is up and he will be required to hand over to Mr. Barrow” says Mr. Chambers.  The former Head of ECOWAS warned that Mr. Jammeh faces “strong sanctions,”

Speaking to a French radio station a couple of days ago,  Marcel de Souza, the current head of the regional body went a step further by warning that military intervention in The Gambia “is possible.” He said the international community preferred option in resolving the stalemate is diplomacy but “draconian’ measures will also be on the table.

The noose is tightening around Jammeh’s neck as more and more national and international voices are coalescing around president-elect Adama Barrow who is viewed as to have won the presidential elections in what was considered to have been conducted under free, fair and credible circumstances. President Vladimir Putin of the Russian Federation is the latest to join the avalanche of public support for the newly elected president of The Gambia.

We continue to counsel Yaya Jammeh to come to his sense by conceding defeat and paving the way for a smooth transition  to a new administration under the leadership of Adama Barrow.  We hope Jammeh comes to his senses to avoid inflicting further harm to The Gambia and its citizens.

Ecowas says ‘could send troops’ if Yahya Jammeh refuses to go

The sub-regional grouping – Economic Community of West African States (ECOWAS) says military intervention in The Gambia is ‘possible’ if outgoing President Yahya Jammeh does not step down.

Marcel de Souza told French based RFI Radio that diplomacy is the preferred path as at now but ‘draconian’ measures would have to be considered if it failed.

On Tuesday, four West African leaders of Nigeria, Ghana, Liberia and Sierra Leone and UN Africa envoy were in Banjul to persuade outgoing President Jammeh to step down.

Asked whether Ecowas would consider sending troops into The Gambia, Mr de Souza told Radio France Internationale: “We have done it in the past. We currently have troops in Guinea-Bissau with the Ecomib mission. We have had troops in Mali. And therefore it is a possible solution.”

Mr Jammeh who lost the December 1st Presidential elections to opposition coalition leader Adama Barrow initially accepted defeat before changing his mind.

The commission said Mr Barrow obtained 222,708 votes (43.3%) compared with Mr Jammeh’s 208,487 (39.6%). A third candidate, Mama Kandeh, won 89,768 votes (17.1%).

Mr Jammeh, who has ruled the country for 22 years, has questioned the validity of the count after the electoral commission changed some results, even though the electoral body still insists that the results represent the true will of the people and that Jammeh lost.

Meanwhile, President-elect Barrow has welcomed the regional intervention, saying he hoped Mr Jammeh would give up power.

By Alhagie Jobe

Gambia Press Union urges Jammeh to handover power & release detained comrades

The Gambia Press Union (GPU) has called outgoing President Yahya Jammeh, who had earlier endorsed the outcome of the Presidential election outcome, to, in the interest of peace, stability and progress facilitate a smooth transfer of power to help strengthen democracy and ensure peace and stability in the country.

In a statement read by Saikou Jammeh, Secretary General of the Union at a Press conference held at its Fajara Head Office, the Union recalled the several threats, arrests and detention meted against media practitioners before the elections and condemned the blockade on the internet, international calls and SMS services during the election period.

The Union further called on the government to drop charges against Momodou Sabally, former Director of the state broadcaster, GRTS, and discontinue his trial and the immediate release of Bakary Fatty, a journalist with the state radio who had been detained for one month some days now.

Below is the full statement by GPU;

Dear Colleagues

The Gambia Press Union keenly followed the press freedom situation in the country during 2016 presidential election.

First of all, we applaud the Independent Electoral Commission and the Ministry of Information and Communication Infrastructure, for the relative ease at which press accreditation were provided to both local and international press. We further applaud the IEC for prevailing on the GRTS to provide fair and balanced coverage to all political parties during the official campaign period. The private newspapers, Teranga FM Radio, and Eye Africa TV, have all done tremendous coverage of the elections and deserve to be singled out to be commended.

Thank you, our colleagues from the international press, for coming to Banjul, in order to give voice to the Gambian voters. We also wish to thank the UNDP and International Republican Institute for funding our election reporting training programmes. More than HUNDRED journalists were trained by the GPU in the run up to the polls.

However, ahead of the election, journalists faced threats, arrests and detention as well as undue restrictions on access to information by the state.

On November 8, the Director General of GRTS, Momodou Sabally, was relieved of his duties. Alongside Mr Bakary Fatty, one of his reporters, Mr Sabally was subsequently arrested and detained by the National Intelligence Agency. He was detained for SIXTEEN days, before he was charged to court. Mr Fatty, meanwhile, remains in detention, with no access to his family or lawyers.

On Thursday November 10, Alhajie Manka, a freelance photo-journalists and Yunus Salieu, a reporter of Daily Observer, were arrested and detained for taking photographs of President Jammeh’s supporters during his nomination at the IEC. Yunus was released a day later, on Friday. Alhagie Manka spent SEVEN DAYS in detention at the NIA. He was subjected to lengthy interrogations and screening. Both Yunus and Manka were released without any charges.

On the evening of November 30, 2016, the government shut down internet connections, restricted international call and SMS services. Although services were restored on December 02, the journalists who, in this 21st Century depend almost solely on internet connectivity, were left frustrated for two nights and a day. On Monday December 11, two reporters from Al Jazeera, were deported from the country.

The Gambia Press Union hereby condemns, in the strongest terms, the arrest and detention of these media practitioners. We further condemn the blockade on internet, international calls and SMS services. In this regard, we call on the government to drop charges against Momodou Sabally and discontinue his trial. We call for the immediate release of Mr Bakary Fatty, who had been detained for ONE MONTH SIX DAYS today.

We also call on the government to respect the Nations Human Rights Council’s resolution on the promotion, protection and enjoyment of human rights on the internet – remove the blockade on WhatsApp and Skype and refrain from further interference with the internet.

Moreover, we condemn the deportation of Al Jazeera journalists and call for review of the media accreditation procedure that gives wide powers to state authorities to cherry-pick who to give or refuse media accreditation.

Colleagues

The Gambia Press Union is deeply concerned by the prevailing political uncertainties brought about by the unfortunate and regrettable U-turn by President Yaya Jammeh on the results of the December 1st presidential elections. We are aware of the risks and challenges the current political environment poses to press freedom.

We therefore, call on both sides of the political divide to give full cooperation to the media and uphold the values of press freedom. We further call on all the security agencies to ensure the safety of journalists.

Equally, we call on the journalists to be professional in the execution of our duties. We also implore you to be effective and daring.

These are crucial times. Our people, our country, needs us more than ever before. Let us give comprehensive coverage of events as they unfold. Let us adequately inform our wide ranging audiences and watch over the duty bearers. More importantly, may I remind you that it is our responsibility to provide open space for dialogue with a view to building a consensus towards resolving this potentially destabilising political crisis. The GTRS, which has regrettably stopped the broadcast of divergent views following President Jammeh’s U-turn, is particularly urged to play a key role in ending the logjam.

As an organisation that represents the interest of journalists, promotes and defends press freedom and freedom of speech, we are moved to take a position on the ongoing crisis because press freedom depends on democracy, peace and stability. In this regard, we wish to call on President Yahya Jammeh, who had earlier endorsed the outcome of the Presidential election outcome, to, in the interest of peace, stability and progress facilitate a smooth transfer of power. This, in our view, will strengthen our democracy and ensure the peace and stability that we enjoy over the years is intact.

We are very pleased to see the first ever democratic change of power, which comes FIFTY-TWO years after independence. Our democracy has waited too long to reach this important milestone. But the people have now spoken. The contest was fair, as reported by election observers, including the CSO Coalition. The victory was clear. The winner was declared. The defeat was conceded. There’s, therefore, no turning back.

We, therefore, are biased in favour of democracy. We are biased in favour of opportunities for greater freedom to the press. As the FOURTH ESTATE, we are biased in favour of the verdict of the Gambian people.

And, we applaud the position taken by the Gambia Bar Association, Female Lawyers Association, Gambia Teachers Union, TANGO, National Youth Parliament, Medical and Dental Association. We hereby offer our support to work through a civil society consortium towards a non-violent transition.

Thank you all.

UN Chief tells Gambian security forces to vacate electoral commission offices

UN Chief Ban ki-moon has expressed total ‘dismay’ at the takeover of the Gambia’s Independent Electoral Commission (IEC) premises by the military and called on them to immediately vacate the Commission.

He also urged them to refrain from any further acts that could jeopardise efforts towards the peaceful transfer of power.

“This action violates the independent status of the Commission under the Gambian constitution, and could compromise the sensitive electoral material under the IEC’s custody,” said Mr. Ban, according to a statement issued by his office on Wednesday.

“He condemns this outrageous act of disrespect of the will of the Gambian people and defiance towards the international community at a time when a high-level Economic Community of West African States (ECOWAS) delegation was in the country to broker a peaceful transfer of power,” the statement added.

It further noted that the UN chief reiterated his call for a peaceful, timely, and orderly transfer of power, in full respect of the will of the Gambian people as expressed in the presidential election.

On Saturday, Mr. Ban as well as the UN Security Council had expressed concerns at the outgoing Gambian President Jammeh’s rejection of the outcome of the election and had urged all parties to exercise maximum restraint, refrain from violence and remain calm.

The UN chief had, in particular, urged the country’s defence and security forces, to refrain from any statements or actions that may lead to violence or unrest.

By Alhagie Jobe

Open letter to Outgoing President Jammeh and his henchmen

Dear Mr. President! When you conceded to Adama Barrow last week, the entire world celebrated your gesture as appropriate and honorable. A week later, you rescind your words in the same office and through the same medium you announced your concession. We judge presidents by their actions and the specific expectations they ask to be measured against such as empathy, integrity, wisdom, and honesty. Dictators as we know them, are seldom men of integrity and through your actions you clearly showed Gambians and the rest of the world a shortage of candor and integrity.

You choose two roles in every leadership: you are either sunshine to the plant or you become saltwater to the roots, and for the last 22 years you were the saltwater. The only thing right about your leadership was your pride and ego. You and your family represent all that has gone wrong in our nation, and Gambians have decided you are no longer anything worthy of praise.

Whilst Gambians fell into deep poverty, you were busy with power and hanging your portraits in all government offices. Whilst mothers and children died on their hospital beds, you were consumed with trivial things, putting your name and image on billboards and lamp poles along the streets. Whilst countless Gambian youths have perished on the back way, your family was jetting freely around the world at the expense of the Gambian taxpayers.

Mr. President, by your defiance and mercurial attitude you disengaged our country from the international community and brought us nothing but shame and ridicule. It is apparent now to even the young children on the streets that you do not have a sophisticated understanding of diplomacy neither do you have the capacity or wisdom to differentiate facts from fiction.

Mr. President, this campaign period should be a clear manifestation to you and your surrogates that Gambians have long awoken from their slumber. For so long we’ve lived in fear. Today Gambians have learned from the rest of the free world that we are perception creators, and if we have a problem with the way our leaders see us or treat us, we have the power to change it. Unlike many who have gone down the road of violence, Gambians chose the only route they know best – the democratic process and the peaceful ballot.

Hope you are reminded of your slogan from that fate Friday of July the 22nd, 1994 – “Power to the People!” Gambians have spoken, and I hope you do the right thing and respect the will and power of the masses. There is no second coming here. A wise man knows his limitations and does not pick a fight which he has a slim chance of winning. This is not a battle you will win sir.

To members of the security and armed forces, please remain neutral. Honor your oath and code of conduct to protect the interest of The Gambian nation first. Jammeh’s regime is over, and the only tactic left in his arsenal is to create carnage and destruction in our country. As soldiers, be reminded in the rules of engagement there is a clear line between obedience to authority and illegal behavior. If suicide is Jammeh’s choice and means of checking out of this situation, then please let him go alone. Don’t die for him. Be reminded of the African wisdom that “only a stupid fly follows the dead body in the grave.”

Long Live The Gambia! Long Live Peace!

By Sheriff Kora

Yahya Jammeh needs to absorb elections message; grapple with the fact that he lost fair and square

Yahya Jammeh having acknowledged he lost the elections on December 2nd ,what virtually all Gambians and  rational observers already knew, and  then promised to take specific steps to hand over power to President Elect Adama  Barrow on live TV, but has since ratchet back and repudiates  the results in its entirely with un-nuanced arguments .

Not only that, he followed through with a gracious victory speech, including a conciliatory overture to his critics.  So where are we now two weeks later? On uncertain ground -because of Yahya Jammeh’s is determined to make a poisonous situation all around what would have been a smooth transition process  with his hyper-macho threats of annulling the results. The dictator now is sharpening his rhetorical machetes and wrapping an extra loop of barbed wire around the door way to the transition process.  In some respects, we’re witnessing a national-level repeat of Friday July 1994 coupe de’tate’.

Contrary to Yahya Jammeh’s post-election spin to denounce the validity of the election, the great irony is that—by definition,  IEC Alieu M Njie has made it categorically clear on an interview with BBC “The election results were correct, nothing will change that”. It is foolish and irresponsible to rain scorn on that, but Dictator Yahya Jammeh doesn’t want to hear that—because to do so is not in his nature. He wants to put up such a power struggle to cripple President Elect Adama Barrow and his team agenda to see a New Gambia. But eventually, want to set up the narrative and have a way out on his own terms or something close to making him walk free from his record and crimes against the Gambians. That’s one of the many ironies I guess but I can predictably say his demands will be too great to paper over indefinitely. If Yahya Jammeh  is smart, though, he’ll  not wait as long as he can before handing power because he risk  exposing that fact.

As for Gambians, there was nothing shocking about a malicious and incompetent Yahya Jammeh’s behavior because after 23 years, even a little child knows about his breathtaking record of mendacity and flip-flops on everything. However, the world have to know that — as unmourned and erratic  dictator Yahya Jammeh is , he  likes to have a very high opinion of himself and a tendency to reject evidence that contradicts his opinion, combined with an eagerness to find corroboration of his self-regard wherever possible. He is not a man of his word and has a deadly chameleon character. The psychedelic fantasy of irregularities he is trying to put out there is not credible as he claims. Also the dis-positive narrative about the IEC chairman is the kind of stuff we expect from little children playing on a playground. Dictator Yahya Jammeh refuses to budge on his unfounded claims and won’t grapple with the fact that he lost fair and square even though the electoral laws were all favorable to him.

The big question is whether the world can take charge quickly enough to make a sufficient difference— by talking sense into Yahya Jammeh to hand over power immediately. In that sense, this is the time for intense diplomacy because we do not have the luxury of waiting for Yahya Jammeh to destabilized Gambia and the sub region. Its beyond me a man who held power for 22 years and a billionaire in fact, is still desperately pursuing excuses in an effort to overturn the election  and presumably — eventually to reject President Elect Adama  Barrow’s legitimacy. What is his insidious agenda all about and coloring everything with lies to deceive Gambians? Reports are out there he wants to organize a forceful solidarity match. Seriously?  Yahya Jammeh is just controversial figure who just wants to die as he lived — praised by useful idiots.

UN and African heads of state can help speed up the calendar for the transition and sent a strong signal to the regime — to respect the will of the Gambian people. Gambian military, too, have a crucial responsibility to protect the nation instead allowing Yahya Jammeh to used them  for his  own personal endeavor.  Everyone in Gambia knows that — Yahya Jammeh does not serve the interest of the country, he ruled Gambia as  a nation of servants, often cruelly, while making obscene profits for himself and his family. I just don’t get it. As much as Yahya Jammeh wants to cling onto power, one has to wonder what more can he do  for Gambia? Absolutely nothing!  Because there is no possible chance he can balance out the load of horrors with anything good he does. After a lifetime of being a President as a result of counting a coup in July 1994, he lost the idea of why he cannot simply understand that Gambians do not want him anymore. In some respects, we’re witnessing a national-level repeat of July 1994 all over again like I mentioned earlier. From any angle or perspective, the coalition’s victory was arguably the most improbable electoral event of our lifetimes— because the dictator lost and refuses to hand over power. Not only that, he followed through with a gracious victory speech, including a conciliatory overture to his critics.

Yahya Jammeh should respect the will of the Gambian people and his party should keep their promises. Their polling agents agreed to all the results and pen their signature on each constituency results to validate the whole process. Despite him putting out an incomplete smile with a stiff upper-lips, as much he wants to openly moot about people cursing out his mom and rolling their eyes on his pictures, whether he likes it or not, Gambians do not want to go the elections with him—  nor want any power sharing with him. That’s where the negotiations should start and it should end with him leaving our country. It is impossible to weave dictatorship with democratic agenda as oil and water do not mix. The pressures to get it right this time by UN, quickly, are enormous because quite frankly, we are tired of Yahya Jammeh. Suffice to say, it is fairly ridiculous that Yahya Jammeh dismantle the Supreme Court since May 2015 — when he propitiously sacked Justice Gibou Janneh and Justice Raymond Sock from the bench. This is a fact as rightly sited by the Gambian Bar Association.  The place has been vacant eve r since. There for he does not have the constitutional mandate to fill it with mercenaries to give him an edge or silver lining to hang on around the pit of mud he finds himself.

Last but not the least, according to The Gambian constitution Chapter V sub section 49 under the sub heading “Challenge to election of a President”. It states “Any registered political party which has participated in the Presidential election or an independent candidate who has participated in such an election may apply to the Supreme Court to determine the validity of the election of a President by filling a petition within ten days of the declaration of the result of the election”. This proves Yahya Jammeh has no case or business of annulling the election results. Firstly, the language is very clear his party has to file the petition. Secondly, it has to be done within 10 day after declaration of the results.  I think we can skip a few steps for that paragraph and just say we are done with him. He needs to pack and leave by our contemporary standards. That means, leaving empty handed as he came in the country.

By Habib Drammeh

Gambians’ democracy oscillating between graciousness and defiant: A Wake up call for the Coalition

By Solo Demba

 

The President’s concession statement was applauded by many because it was seen as a gracious act by an incumbent to accept defeat without casting doubt on the election results.

 

While the rejection of the same result may be construed as an assault on democracy, it seems right as it is necessary in a democratic society. Of course, political parties have the legal right to challenge election outcomes in order to maintain the integrity of the process. This challenge provides an important opportunity for the Supreme Court to dispense justice in an unimpeachable manner that will certainty establish the independent and impartiality of the Judiciary. What seems odd with this challenge was its timing, this raises the question whether it designed to attract maximum attention and obscure some important happenings.

 

Undoubtedly, it is uncommon for election to be rigged by opposition parties in Africa given the state control over of the electoral process. It was Mr President who declared the election as the fairest in the world. Indeed, the Gambian people are reasonably expected to believe the words of their President. That explains why they believe the election was fair and free, so there is no need to challenge the result Mr President.

 

However, if Mr President changed his mind to challenge the result because of alleged election irregularities, he is right in doing so. While we cannot allow selectivity to violate rule of law, it is absolute necessary for a functional competent Supreme Court to hear the President’s case for the interest of justice. Any attempt hastily install a functional court does not sit comfortably with the principle of justice, “as justice should not only be done, but should manifestly and undoubtedly be seen to be done”. Moreover, it is against all common reason for the Executive to settle a dispute in which it is party to, by appointing judges who may be consciously biased towards the Government’s case defies sense of fairness.  This crisis reveals an important constitutional matter which must be resolved to limit the power of the executive.

 

The Coalition has a duty to ensure that there is balance and checks entrenched in the constitution to prevent arbitrary use of state power. As an optimist, I do hope fair minded judges will not allow politicisation of judicial decision whenever the challenge arrives in court.

 

The assumption that a man will relinquish power without an attempt to cling to it represents a utopian view. The reality is that, a passion that drove man to assume power is fire that can hardly be extinguished by indecisive political opponents. Men have the propensity to be blinded by greed, selfishness irrationality, when they are faced with an ultimatum of power transfer engendered by ball box rejection. As they feel sense of rejection they are bound to be oblivious to unequivocal voice of the people. The current situation in the Gambia could foreclose a path to Gambians unity, and further fuels division in our society if the Government fails to do the right thing. Gambians!!Let put the interest of the country first!! The Gambia belongs to all Gambians.

 

In my view, Coalition’s approach seems ambivalence at best. It is imperative for the Coalition to impart coherent and clear message in order to competently fill the power vacuum created by the outcome of the election. Since conceding defeat the incumbent has become a lame duck in many senses. The Coalition should have been bold to spell out in clear terms how it intends to govern and move the country forward for all Gambians including APRC, GDC supporters.

 

Sending mixed messages about future prosecutions seemed to have energized the Government to find ways in halting peaceful transfer of power. Such has bolstered the Government’s stance and provides opportunity for political parasitism. Gambian people deserve more detail about the plans to revive the country rather than making abstract statements. The Coalition’s communication strategy must be robust and effective to offer Gambians hope of change. It could deploy communication medium that transcends beyond borders of the Gambia. It must be seen as viable alternative to serve all Gambians with no witch hunting agenda.

Gambian politicians servants must hold their nerves and expressively condemn any attempt to outflank the express will of the people. It is time to us to stand for principle and justice. History will judge us by ours action. What is good in life without justice and freedom? Better to die than to live a slave. Let us stand for what we believe in.

 

Certainly, the condemnation by United Nations Security Council (UNSC) is welcomed as it carries clear message to the Gambia Government that the world will not stand by and allow Gambian people to be stripped of their sovereign right lawfully exercised on the 1st of December. Although UNSC Resolution is more desirable because of its immediate binding effect, it is inherently difficult to obtain consensus especially when the hegemony powers ’interest are at stake. Given absent of rivalries for vested interests and the geopolitical insignificance of the Gambia, it may well be possible to for UNSC to reach a consensus on a resolution, Furthermore; it may see the necessity to protect the principle of democracy, the very value of the hegemony powers. While external intervention could trump the UN Charter, the principle of non-interference must be qualified in important respects to fundamental rights.

 

I suggest that moral consideration justifies international intervention to maintain international order and security of the Gambians. For instance, this was the case in Kosovo. Therefore, OAU ECOWAS, UNSC must use all their powers to stop the current situation from spiraling out of control. Senegalese Government’s role must be strengthened through bilateralism and a possible consideration unilateralism. Let me be clear here, if the international community fails to take bold action to put the situation under control, perhaps, they are either arrogantly in sensitive to the plight of Gambians, or they have not yet learnt from history of world conflicts.

 

I urge UNSC to be swift in their actions to prevent arbitrary use of state power against ordinary citizens. We cannot allow states sovereignty to be used as façade to abrogate Gambians human rights guaranteed under the Gambian Constitution. I conclude with the words from distinguish international scholar, Martti Koskenniemi: “If sovereignty is an expression of community liberty and self-rule, then surely it cannot be permitted to destroy them”.

 

I urge all actors to give high consideration to the above words in their effort to solve this crisis.

 

God bless. Forward with The Gambia.

National crisis: A call to Gambian diplomats

As tensions continue to mount in the Gambian amidst uncertainty concerning the outcome of the just concluded elections; we wish to converse with the county’s diplomatic missions around the world.

Diplomacy, in short, is a tack or skill in dealing with people. In bilateral and multilateral terms, however, diplomacy is defined as the art of conducting international relations, by negotiating alliances, treaties, and agreements – on behalf of one’s national interest.

Historically, diplomacy is based on a simple principle of reciprocity in line with values and ethics, but also national interest of the countries concerned. A plea to all Gambian ambassadors, especially, in D.C., London, Beijing, and across the globe – scratch the diplomatic playbook and side with the Gambian people against a criminal president with no regard for life, or law. It is profoundly disturbing and a mystery as to why our diplomatic missionaries still remain silent and muted, with a major crisis engulfing Banjul.

Mr Ambassador – your undivided loyalty should always be to the country and people you claim to represent. Please, have the moral backbone and speak up, against your boss – The tyrant. The uncertainty Gambians are subjected to hurts, and it sucks too. The Jammeh regime is over. It lacks legitimacy, operating on an expired remit, albeit forcefully. Those with sense knew this, and are abandoning the ‘fast sinking ship’ in large numbers.

Mr not-so-honourable Ambassador – ever heard of the chilling tale of a murderous regime driven by excess, and greed. A government, but in name – under Senegalese blockade, abandoned by allies in the international community. Have the character, and wisdom, by doing the right thing for once. Obey your conscience and immediately resign the portfolio, if you are men and women of truth.

As ‘fish diplomacy’ come into play – The marketplace and future of the Gambian child remains a scary thought. Yahya Jammeh has sold Gambia’s soul to the Chinese fishermen. Before his illegal usurpation of power, fish was found, at a cheap price across the country. Today, over-fishing has exhausted the industry, as foreign trawlers paying fees to the dictator, while ramming the seabed in their wake.

Ambassadors – a UN Security Council resolution is in check, laden with Senegalese diplomatic prowess across the periphery. Jammeh is isolated, and ‘caged’ as paranoia sets in. Once again, to our diplomats around the world – your country is in a political crisis, and the future looks uncertain. The Gambian people have spoken, as enterprising as ever.

So, what is it gonna be (dis) Honourable ambassador – #Gambia one #Love for Country #Forward always, Backward NEVER!

By Gibril Saine, London

While ECOWAS mediation was on, Jammeh was filling petition to void election result

The defeated Alliance for Patriotic Re-orientation and Construction (APRC) party of outgoing President Yahya Jammeh on Tuesday challenged election results with a petition asking the Supreme Court to annul results from the December 1st election.

The petition was file just as heavyweight quartet of West African leaders were holding talks with Mr Jammeh to persuade to accept the will of the people and leave after 22 years.

The delegation led by ECOWAS Chair and Liberian President Ellen Johnson Sirleaf included Nigeria’s Muhammadu Buhari, Sierra Leone’s Ernest Bai Koroma and Ghana’s outgoing President John Mahama as well as the UN Africa envoy Mohamad Ibn Chambas.

They also met the President-elect Adama Barrow and the Coalition leaders, the Gambia’s electoral body (IEC) Chairman Alhaji Alieu Momar Njai, Mama Kandeh and the GDC Party, UN diplomats as well as foreign ambassadors in the country.

The petition seen by The Fatu Network signed by Hon. Bala Garba Jahumpa, Alliance for Patriotic Reorientation and Construction (APRC) General Secretary and Minister of State said the country’s independent electoral commission (IEC) had violated the law and added that opposition leader Adama Barrow was “not duly elected or returned as president and that the said election was void”.

“The petition prays that it be determined that the said Adama Barrow was not duly elected or returned as President and that the said election was void; that the said Yahya AJJ Jammeh was duly elected President by virtue of the actual votes and therefore, ought to have been returned as the duly elected President; that the election of the 1st December 2016 was invalid by reasons of (a) non-compliance with the Election Act, (b) that it was not conducted fairly or in good faith and (c) that the non compliance mentioned in this petition seriously affected the credibility of the results of the said presidential elections and necessarily render them invalid” the party urged the court to rule.

The APRC said it was not present when the IEC issued a recount on December 5th, claiming there were irregularities in the process and alleged voter intimidation.

Jammeh had surprised observers by initially conceding defeat in the poll but then reversed his stand, triggering an avalanche of international condemnation and a multitude of calls for him to cede power peacefully.

Earlier on Tuesday, police locked down the offices of the electoral commission, raising fresh fears Jammeh might not leave office without a fight.

Meanwhile, Gambian army chief Ousman Badjie seemed to reverse a previous declaration of support for Barrow and arrived at delegation preparation talks wearing a badge that featured Jammeh’s face on his uniform. He said he supports the Commander-in-Chief, President Yahya Jammeh in brief comments to journalists.

However the electoral commission chairman, Alieu Momar Njie, confirmed to The Fatu Show Programme on The Fatu Network Radio that when he went to work on Tuesday, the security did not allow him to enter the IEC headquarters. He said no reason was given, but the premises remained locked down and surrounded by soldiers.

Asked if there is no possibility of tampering with the results since army are in control of the office, Mr Njai said “even if they burn down the building, the results will not change” he said.

Jammeh’s party left it late to file a complaint contesting the election with the Supreme Court, as Tuesday was believed to be the last day constitutionally possible to do so. The legal body however has lain dormant since May 2015 as Jammeh himself sacked all the judges.

Earlier, The Gambia Bar Association has said there is “no legitimate legal mechanism available in The Gambia to hear and determine the election petition”, as Jammeh would have to stuff the court with his own appointees.

By Alhagie Jobe

Nothing conclusive from ECOWAS-UN led political talks in Gambia

The heavyweight quartet of West African leaders Fact Finding Mission to The Gambia has concluded a day of talks in Banjul on the ongoing political crisis but no deal reach so far.

The delegation led by ECOWAS chair and Liberian President Ellen Johnson Sirleaf, also included Nigeria’s Muhammadu Buhari, Sierra Leone’s Ernest Bai Koroma and Ghana’s outgoing President John Mahama as well as the UN Africa envoy Mohamad Ibn Chambas.

They were in The Gambia on a fact finding mission on the current political crisis that started after the December 1st Presidential election in which Mr Jammeh was defeated by opposition Coalition candidate Adama Barrow, ending his 22 years rule.

Jammeh had earlier surprised the world by initially conceding defeat, call the winner and congratulated him but then reversed his stand a week after, triggering an avalanche of international condemnation and a multitude of calls for him to cede power peacefully.

Meanwhile, during the day-long talks, the ECOWAS Heads of States and UN officials met with both side – Outgoing President Jammeh at the State House and President-Elect Adama Barrow with the Coalition leaders at the Coco Ocean Resort & Spa Hotel.

The Heads of States also met with the IEC chairman Alieu Moma Njai and other foreign diplomats in the country.

It was however announced that the team is on a Fact Finding Mission to hear from both sides and later come up with a resolution.

Information received by this medium revealed that nothing conclusive or a deal has been reached but what is more promising is that the Heads of States delegation has encouraged the Coalition to continue with their preparation for the handing over and also urged the supporters to maintain decorum during the process. The leaders said that the discussion is a way forward towards a smooth transfer of power to President-Elect Adama Barrow.

Halifa Sallah, a member of the opposition Coalition told waiting journalists that though nothing conclusive but that the process is a beginning of a breakthrough.

Liberian President Ellen Johnson Sirleaf who is also the ECOWAS chairwoman also told waiting journalist that they’ve met all the stakeholders and they said there will be peace and security if there is smooth transition.

When asked whether he had been receptive to the delegation, Nigeria’s Muhammadu Buhari told journalists “very much so”.

The delegation later returned to the State House to meet outgoing President Jammeh before departing to their various countries. They will now report to back to the ECOWAS and UN which will sit over the matter on Saturday, December 17th, 2016.

By Alhagie Jobe

Gambia’s US ambassador switches loyalty, urges Yahya Jammeh to hand over power

Gambia’s Ambassador to the United States of America has asked his boss Yahya Jammeh to accept the will of Gambians and hand over the presidency to President-Elect Adama Barrow as stipulated in the Gambian Constitution.

In a letter dated December 13th, 2016, HE Sheikh Omar Faye said he is supporting the people of The Gambia by recognizing Mr Adama Barrow as the President-Elect of The Gambia out of his personal decision and desire to protect and safeguard the peace and social cohesion of the beloved country. He said he is not by any means speaking out of personal interests but extremely worried about the peace and stability of The Gambia.

He made it clear that as servant of The Gambia, he finds it morally difficult to remain silent while Gambians are in fear and uncertainty adding his duty as a diplomat is to promote the interests of The Gambia and her people.

“I have always pushed for the interest of our people and vehemently stayed on course to help build a solid and healthy bilateral relationship between The Gambia and The United States. As the Ambassador of the Republic of The Gambia to the United States of America, I respectfully ask His Excellency President Jammeh to accept the will of Gambians and hand over thee presidency to President-Elect Adama Barrow as stipulated in the Gambian Constitution” he said.

He called upon outgoing President Jammeh to stay true and committed to the amiable and democratic stance he took after the December 1st, 2016 election results which were communicated to Gambians and the world at large.

“Nations around the world especially Africans were so proud of the political maturity of His Excellency President Jammeh when on December 2nd, 2016 he gracefully accepted the verdict of The Gambian people and the will of Allah” he said.

He expressed disappointment over President Jammeh’s U-turn on December 9th, 2016 saying ‘President Jammeh reversed his decision and called for fresh elections which has created s serious post-elections crisis and put The Gambia on a dangerous path”. For the preservation of peace and stability, which Gambian is known for, it is imperative that all Gambians cohesively move in one direction and speak in one voice.

“I have not talked to any member of the Coalition before; during or after the elections nor have I informed them of mu decision. Out of my own will and deep care for The Gambia and her people, I am making this statement as a patriotic citizen of The Gambia with the hope that it will contribute to the efforts towards a peaceful resolution of the current situation” he concluded.

By Alhagie Jobe

ECOWAS delegation arrives in Gambia, meeting outgoing President Jammeh

The high level delegation from the sub-regional bloc –Economic Community of West African States (ECOWAS) dispatched to Gambia has arrived.

The High-level ECOWAS delegation led by ECOWAS Chairwoman and Liberian President Ellen Johnson Sirleaf includes President Muhammadu Buhari of the Federal Republic of Nigeria, President Ernest Bai Koroma of the Republic of Sierra Leone, outgoing Ghanaian President John Mahama and the Special Representative of the United Secretary General for West Africa, Dr. Mohammed Ibn Chambas.

The delegation arrived in the country early Tuesday to mediate the current political upheaval following the December 1st President Elections.

The crisis is ignited by incumbent President Yahya Jammeh who ruled the country for the past 22 years and was defeated on December 1st by an opposition Coalition led by President-elect Adama Barrow.

Initially, Mr Jammeh conceded defeat and congratulated President-elect Adama Barrow. A week after conceding defeat, Jammeh made another U-turn and rejected the election results in totality blaming the electoral body of certain irregularities leading to his defeat and further announced that the results are ‘null and void.’

Mr Jammeh further called for fresh election in the country to be supervised by what he called ‘a God fearing electoral body”. This was followed by another announcement by his party to file a petition in court to challenge the result that he has already declared null and void.

The announcement on state television, GRTS TV, threw Gambia’s future into doubt as the winner and opposition coalition led by President-elect Adama Barrow rubbished Mr Jammeh’s claimed and urged him to ensure a smooth transition and hand over power.

Meanwhile, Chairperson of the ECOWAS Authority and President of Liberia Ellen Johnson Sirleaf last Sunday issued a special statement on the current political situation in The Gambia, urging President Jammeh to respect the election results, which reflect the freely expressed will of the Gambian people.

The statement also expressed support for the Joint Statement issued by the African Union Commission, the ECOWAS Commission and the United Nations and further called on the Gambian people to remain peaceful and calm.

The United Nations Security Council on Monday also “urged President Jammeh to meet and cooperate with the UN-ECOWAS high-level delegation.

The council met behind closed doors at Senegal’s request to discuss the crisis over Jammeh’s refusal to recognize the outcome of the December 1 election.

The Security Council earlier on Saturday released a unanimous statement demanding that Jammeh “transfer, without condition and undue delay, power to President-elect Adama Barrow.”

By Alhagie Jobe

UN urges Yahya Jammeh to meet & cooperate with international mediators

The United Nations Security Council on Monday urged Gambia’s longtime ruler Yahya Jammeh to meet with international mediators who have been dispatched to Banjul to persuade him to hand over power.

 

Nigerian President Muhammadu Buhari, Liberian leader Ellen Johnson Sirleaf along with the presidents of Sierra Leone, Ghana and the UN envoy for West Africa, Mohamed Ibn Chambas, are set to arrive in Banjul on Tuesday.

 

The UN Security Council members “urged President Jammeh to meet and cooperate with the UN-ECOWAS high-level delegation that will visit Banjul tomorrow,” said Spanish Deputy Ambassador Juan Manuel Gonzalez de Linares who’s country holds the council presidency this month.

 

The council met behind closed doors at Senegal’s request to discuss the crisis over Jammeh’s refusal to recognize the outcome of the December 1 election.

Jammeh, in power for 22 years, had accepted defeat a day after the vote, but backtracked a week later, saying he rejected the outcome and calling for a new vote.

 

The Security Council on Saturday released a unanimous statement demanding that Jammeh “transfer, without condition and undue delay, power to President-elect Adama Barrow.”

 

Gonzales said the council “reiterated the full contents” of that statement during their meeting on Monday and called for maximum restraint.

 

The deputy ambassador said there was no specific discussion of measures to force Jammeh to step down.

 

“In this moment, our maximum priority is to support the high-level visit that is going to take place tomorrow in Banjul,” he said.

 

US Ambassador Samantha Power said it was a “very dangerous moment” for the West African country, citing reports that some military officers have sided with Jammeh in the standoff.

 

Power stressed that Jammeh “has the chance to establish a very different kind of legacy” and that the high-level delegation will send that message if they meet with him on Tuesday.

 

The envoys will convey a message to Mr Jammeh on behalf of the African leaders and the United Nations.

High level ECOWAS delegation due in Banjul today

By Alhagie Jobe

 

The sub-regional bloc – The Economic Community of West African States (ECOWAS) has announced a high level delegation due in Banjut, Tuesday, December 13, 2016 to discuss the current political and post-election crisis.

 

According to an Executive Mansion release, the High-level ECOWAS delegation will include H.E. President Muhammadu Buhari of the Federal Republic of Nigeria, H.E. President Ernest Bai Koroma of the Republic of Sierra Leone, the Special Representative of the United Secretary General for West Africa, Dr. Mohammed Ibn Chambas, among others.

 

The political crisis in The Gambia is ignioted by incumbent President Yahya Jammeh who ruled the country for the past 22 years and was defeated on December 1st by an opposition Coalition led by President-elect Adama Barrow.

 

Initially, Mr Jammeh conceded defeat and congratulated President-elect Adama Barrow. A week after conceding defeat, Jammeh made another U-turn and rejected the election results in totality blaming the electoral body of certain irregularities leading to his defeat and further announced that the results are ‘null and void.’

 

Mr Jammeh further called for fresh election in the country to be supervised by what he called ‘a God fearing electoral body”. This was followed by another announcement by his party to file a petition in court to challenge the result that he has already declared null and void.

 

The announcement on state television, GRTS TV, threw Gambia’s future into doubt as the winner and opposition coalition led by President-elect Adama Barrow rubbished Mr Jammeh’s claimed and urged him to ensure a smooth transition and hand over power.

 

Meanwhile, Chairperson of the ECOWAS Authority and President of Liberia Ellen Johnson Sirleaf last Sunday issued a special statement on the current political situation in The Gambia, urging President Jammeh to respect the election results, which reflect the freely expressed will of the Gambian people.

 

The statement also expressed support for the Joint Statement issued by the African Union Commission, the ECOWAS Commission and the United Nations and further called on the Gambian people to remain peaceful and calm.

“Go!” – Jammeh said to Ghadafi “GO!” – World says to Jammeh!

By Dida Halake

 

In February 2011 Yahya Jammeh turned his back on the man responsible for his regime’s survival from 1994-2000, Col Mumouarr Ghadafi of Libya. Ghadafi then faced an onslaught from the West which ended up with his murder and overthrow. Jammeh, like Zuma of South Africa, asked Ghadafi to step down from power.

 

Jammeh asked Ghadafi to resign for “Libya’s peace and stability” and added: “Libya’s people have shown that they want a new leadership in the country”.

 

Jammeh said that Ghadaffi had lost the mandate of the Libyan people and had to resign for the country’s sake. Ghadafi refused to resign and the ensuing war destroyed the country – and the war continues today, December 11, 2016, five years and ten months later.

 

Today, it is Jammeh that the whole world is telling to “GO” for the sake of The Gambia, its people and regional peace. Having lost an election, and having accepted defeat 10 ten days ago, Jammeh has changed his mind and refuses to give up power. Gambians, Senegal, Ecowas, African Union, Europe, USA, and the United Nations Security Council have all demanded that Jammeh “GO”!

 

As I write, it remains to be seen whether Jammeh will follow his own advice to Ghadafi and “GO”, or whether he will, like Ghadafi insist on holding onto power and fight his own people and the World to remain in power.

The author lives in Notting Hill, London, UK

Gambia Bar Association condemns Jammeh, says actions tantamount to treason

By Alhagie Jobe

 

The Gambia Bar Association (GBA) has condemned in the strongest possible terms the announcement by Gambia’s outgoing President Yahya Jammeh on Friday December 9th, 2016 declaring the December 1st 2016 elections null and void.

 

According to GBA, this action is tantamount to treason under the provisions of Section 6(1) of the Gambian Constitution.

 

In a statement issued on Monday and read by its President Sheriff Tambedou before members of the Press at Coco Ocean Resort & Spa, the Association said the statement of the outgoing President contravenes the provisions of Section 49 of the 1997 Constitution of The Republic of The Gambia, and in their considered opinion is an abrogation of the Constitution and an attempt to subvert the legitimate decision of the People of The Gambia.

 

The Association rejects the subsequent statement by the APRC that it intends to file an election petition against the results published by the Independent Electoral Commission saying since May 2015, there has not been a sitting Supreme Court session due to the absence of a panel and in the circumstance, it would be against the principles of natural justice for the outgoing President to appoint Supreme Court Judges to hear a Petition filed by him or on his behalf.

 

Below is the full statement by GBA:

The Gambia Bar Association condemns in the strongest possible terms the announcement by outgoing President Yahya Jammeh made on Friday the 9th December 2016 wherein he declared the 1st December 2016 elections null and void.


The said statement of the outgoing President contravenes the provisions of Section 49 of the 1997 Constitution of The Republic of The Gambia, and in our considered opinion is an abrogation of the Constitution and an attempt to subvert the legitimate decision of the People of The Gambia. Further, this action is tantamount to treason under the provisions of Section 6(1) of the Constitution.


We reject the subsequent statement by the APRC that it intends to file an election petition against the results published by the Independent Electoral Commission.

 

The rhetoric of the APRC further compounds the illegitimate and destabilizing actions of the outgoing President.


While under normal circumstances the right to petition against election results does exist, the situation in The Gambia now, is that there is no constituted panel of the Supreme Court.

 

The GBA notes with concern that since May 2015, there has not been a sitting Supreme Court session due to the absence of a panel. This is despite several reminders issued to the Chief Justice by members of the Bar. In the circumstance; it would be against the principles of natural justice for the outgoing President to appoint Supreme Court Judges to hear a Petition filed by him or on his behalf. That would be tantamount to one being a Judge in his own cause considering that the outgoing President has already pre-empted the outcome of Court process by declaring the election result as a nullity. It is the position of the GBA that an outgoing President must not be appointing Judges who should have been appointed since 2015.


In the present circumstances, any Supreme Court empanelled by the outgoing President Jammeh for the purposes of hearing his election petition would be fundamentally tainted.

 

The Gambia Bar Association therefore states that there is no legitimate legal mechanism available in The Gambia to hear and determine the election petition filed by the outgoing President Jammeh or on his behalf. Under the circumstances we call on outgoing President Jammeh to respect the outcome of the December 2016 elections and immediately hand over power peacefully to President-Elect Adama Barrow in line with the sovereign will of the people of The Gambia.

Any other course of action will jeopardize the peace and stability of our country.


We also call on other professional bodies, unions, civil society organisations, the civil and public service and the security forces to respect the will of the people and pledge their allegiance to the President Elect.


We also call on the African Commission on Human and Peoples’ Rights headquartered here in The Gambia to strongly urge the outgoing President to respect the outcome of the just concluded Presidential elections and to further respect the relevant regional and international human rights instruments binding on The Gambia.


We ask all members of the Bar Association and the staff of the judiciary in particular to boycott the courts in solidarity with the people until such time as the Government of outgoing President Jammeh accepts the result of these elections and hand over Power to the President Elect.

Pan African Lawyers’ Union says Jammeh cannot constitute court to hear electoral petition

By Alhagie Jobe

 

The Pan African Lawyers’ Union (PALU) has rubbish any attempt by Gambia’s outgoing President Yahya Jammeh to single-handedly constitute a court to hear his own electoral petition saying it is also not the role of any candidate to officially declare or cancel election results and/ or constitute the Independent Electoral Commission (IEC).
PALU is the umbrella association of African lawyers and Law Societies. It brings together the continent’s five regional and fifty-four national Lawyers’ Associations, as well as individual lawyer-members.

 

In a statement issued on Monday, PALU said they have held extensive consultations with the legal profession and civil society in The Gambia and in Western Africa, and established that the Supreme Court of the Gambia is currently not constituted and further that its recent conduct has lost its credibility and legitimacy in the country and in the region and in any case, the incumbent cannot now single-handedly constitute a Court to hear his own electoral petition.

 

“We strongly condemn the belated attempt by the outgoing President, Mr. Yahya Jammeh, purporting to cancel the election results and giving indications that he would challenge the results in the Supreme Court and/ or reconstitute the Independent Electoral Commission (IEC) for purposes of a fresh Presidential election. We highlight that it is not the role of any candidate to officially declare or cancel election results and/ or constitute the Independent Electoral Commission (IEC)” it stated.

 

PALU further reaffirmed its support to the statements already issued by the Economic Community of West African States (ECOWAS), the African Union (AU) and the United Nations (UN) which pointed out that outgoing President Yahya Jammeh’s actions are a violation of the Constitution and laws of The Republic of the Gambia, amounting to treason and also to the crime of unconstitutional change of government as defined by the ECOWAS Protocol on Good Governance and the African Charter on Democracy, Elections and Governance (ACDEG).

 

The Union saluted the efforts of a number of Heads of States and senior officials of West African States to undertake high-level diplomacy to assist the people of The Gambia to find a sustainable solution, in the shortest time possible, to the crisis that outgoing President Yahya Jammeh has plunged the country. The PALU reiterateD that, should these efforts not bear results, the AU is obliged to activate the provisions of its laws, including the African Charter on Democracy, Elections and Governance (ACDEG) and the Peace and Security Protocol of the African Union.

 

“PALU will continue to monitor the situation in The Gambia, and will shortly organize its own high-level delegation into the country, which will, among other things, examine the state of the Judiciary, and offer practical support to our member, The Gambia Bar Association. We will also continue working with ECOWAS and the AU, and ensuring they fully undertake their obligations to the people of The Republic of The Gambia and West Africa” it stated.

 

The Pan African Lawyers’ Union (PALU) congratulated the people of The Republic of The Gambia for holding free, fair, credible and orderly elections on 1st December 2016, and for maintaining peace, law and order throughout the election period to date. They also applaud the conduct of the Independent Electoral Commission (IEC) of The Gambia, in the electoral process, including promptly announcing the results of the elections on 2nd December 2016, as well as courageously announcing and correcting errors that may have occurred during the process. They also acknowledged the timely concession of the outgoing President Yahya Jammeh, which was broadcast live on television and watched by the entire international community.

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