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UN Security Council condemns Yahya Jammeh; urges no delay in power transfer

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By Alhagie Jobe

 

The United Nations Security Council has condemned Gambia’s President Yahya Jammeh’s rejection of election results announced last week and called on him to respect the choice of the sovereign People of The Gambia and to transfer, without condition and undue delay, power to the President-elect Adama Barrow.

 

The Gambia went to the polls on December 1st in which incumbent Yahya Jammeh was defeated by opposition coalition leader Adama Barrow.

 

In a surprising U-turn, Jammeh resurfaces on state TV saying he no longer accepts defeat, reversing course a week after he already conceded to his rival Adama Barrow.

 

The UN Security Council on Saturday urged all parties to refrain from violence and particularly urged Mr Jammeh to respect the choice of the sovereign people of The Gambia.

 

“Security Council members called on him to respect the choice of the sovereign People of The Gambia, as he did on 2 December 2016, and to transfer, without condition and undue delay, power to the President-elect, Mr. Adama Barrow,” the UN Security Council said in a statement.

 

It could be recalled that last week after the results where announced, Mr Jammeh was filmed on state television calling opposition candidate Adama Barrow to concede defeat and wished him the best.

 

But in a surprising move late Friday, Mr Jammeh appeared on national television and said he is no more accepting the totality of the results and calls for fresh elections.

 

“After i accepted the results without any query, the IEC called all parties at the headquarters and told them that there was error. That is not acceptable. Let me repeat: I will not accept the results based on what has happened” he said.

 

He said that investigations since the Dec. 1 vote have revealed a number of voting irregularities that he called unacceptable. He said some figures in the results had been transposed and that voter turnout had been suppressed.

 

“Our investigations reveal that in some cases voters were told that the opposition has already won and that there was no need for them to vote and, out of anger, some of them returned home. I hereby reject the results in totality,” he ended.

AU says Yahya Jammeh’s rejection of poll results ‘null and void’

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By Alhagie Jobe

 

The African Union Commission on Saturday called a statement by Gambia’s President Yahya Jammeh rejecting his loss in December 1st polls “null and void” since he had already conceded defeat.

 

The Chairperson of the Commission Nkosazana Dlamini-Zuma strongly urged President Yahya Jammeh to facilitate a speedy, peaceful and orderly transition and transfer of power to the new authorities and also called on Gambia’s security forces to remain neutral.

 

In a Press statement issued on Saturday following the U-turn by defeated Gambian President Yahya Jammeh rejecting the last week election results, the Chairperson of the Commission said the statement made on 9th December, 2016, by outgoing President Yahya Jammeh who had already publicly and gracefully recongnised that the victory of President-elect Barrow is the true expression of the will of the Gambian people, is null and void.

 

“The Chairperson of the Commission strongly urges President Yahya Jammeh to facilitate a peaceful and orderly transition and transfer of power to the new President of The Gambia, as decided by the people of the country. In the current context, she calls on the Gambian defense and security forces to remain strictly neutral” the statement noted.

 

The AU boss recalled the press statement of the 642nd meeting of the Peace and Security Council held on 6th December 2016, which congratulated President Yahya Jammeh for the peaceful conduct and excellent conditions for the holding of the presidential election, as well as for his well-appreciated acceptance of the outcome of the election, by recognizing the victory of the candidate Adama Barrow.

 

The Chairperson of the Commission further reaffirmed the imperative need for the concerned Gambian stakeholders to strictly comply with the rule of law and the respect of the will of the people as clearly expressed during the 1st December presidential elections that have been labelled free, fair and transparent, recalling the relevant provision of Article 23 (4) of the AU Charter on Democracy, Elections and Governance.

 

The AU boss reiterated the body’s readiness to work closely, as usual, with regional and international stakeholders, in particular the Economic Community of West African States (ECOWAS) and the United Nations, in assisting the Gambian stakeholders to find the best way towards a speedy and peaceful transition and transfer of power.

 

“The Chairperson of the Commission, recalling the relevant AU instruments, notably the African Charter on Democracy, Elections and Governance, will seize urgently the Peace and Security Council (PSC) on this matter, inorder to enable the organ to take the appropriate decisions with regards to the situation in The Gambia” the Chairperson’s statement ended.

Yahya Jammeh refuses entry of ECOWAS head amid election dispute

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By Alhagie Jobe

 

Yahya Jammeh’s government has refused entry and landing of the flight of the chair of sub-regional body ECOWAS and President of Liberia, Ellen Sirleaf Johnson amid the ongoing election dispute.

 

Senegal’s Foreign Minister Mankeu Ndiaye made the disclusre said on Saturday, dampening hopes for a political solution after President Yahya Jammeh rejected the results of elections that he lost on Dec. 1.

 

The Economic Community of West African States (ECOWAS) chair Ellen Johnson Sirleaf had hoped to put back on track Gambia’s first democratic transition of power in over 50 years, but those plans appeared thwarted on Saturday when her plane was denied landing access at Banjul.

 

“Johnson Sirleaf was supposed to fly in today, but Jammeh said ‘not at the moment,'” Senegal FM Mankeur Ndiaye said. It was not clear if the plane had already taken off.

 

Jammeh on Friday called for another election in the country after narrowly losing to opposition leader Adama Barrow. He had already conceded defeat publicly last week.

 

The announcement on state television, GRTS TV, threw Gambia’s future into doubt after the unexpected election result ended Jammeh’s 22-year rule and was widely seen as a moment of democratic hope.

 

The streets of Banjul are calm on Saturday, although some residents said they were staying at home for fear of violence.

 

As Gambians brace for a tense standoff, international criticism of Jammeh’s claim came in fast. Following the United States and Senegal, the African Union on Saturday weighed in, calling Jammeh’s statement “null and void”.

UTG’s Pact of Inluential Lecturers express disgust over blatant subversion of the popular will by Yahya Jammeh

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By Dr. Ismaila Ceesay

 

Dante Alighieri once claimed that ‘the hottest places in hell are reserved for those who in a period of moral crisis maintain their neutrality’. It is against this spirit that, a group of influential staff and faculty of The University of the Gambia on whose behalf I write as spokesperson, have made a pact to take sides during this political crisis of our great nation.

 

To express our disgust with the blatant subversion of the popular will by Yahya Jammeh and to show support and solidarity with the Gambian People, we have decided to boycott all examinations and teaching activities at the University of the Gambia until the voice of the Gambian people are respected and Yahya Jammeh peacefully hands over office to president-elect Adama Barrow.

 

We give to, and expect from, all other staff who are not part of this pact the opportunity to demonstrate their patriotism, love of peace and moral decency to join this noble cause. Therefore, a line has been drawn on the sand. It is either you are with the people of the Republic of the Gambia or you are with Yahya Jammeh and his illegitimate and criminal government.

 

We strongly urge the Senior Management of the University to desist from undermining this pact. We send a strong warning to all lecturers, non-Gambian staff in particular, to immediately discontinue all university related activities or face serious consequences when the dust settles and power is given back to the people. We will have people on the ground to monitor the situation.

 

President Roosevelt of the United States once said that: “Let us never forget that government is ourselves and not an alien power over us. The ultimate rulers of our democracy are not a President and senators and congressmen and government officials, but the voters of this country.”

The author is the Spokesperson of The Pact of Influential Lecturers

President-elect Barrow: ‘I am the legitimate President; Yahya Jammeh has no authority’

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Adama Barrow, the President-elect of The Gambia has affirmed his position as the only legitimate elected President of The Gambia saying outgoing President Yahya Jammeh has no authority.

 

Barrow made the declaration before waiting journalists on Saturday in responds to the Friday declaration by Yahya Jammeh rejecting the last week’s election results which he already conceded defeat.

 

After a meeting of the coalition members, President-elect Barrow rubbish Jammeh’s actions saying there will be no elections and the transfer transfer of power shall be effective in January according to the Constitution.

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“We urged outgoing President Yahya Jammeh to respect the clear verdict of the people, and urged to toe the path of honour and dignity. His declaration is deemed as one of a defeated candidate and with no legal effect or political validity. The will of the voters will not be subverted” Barrow told waiting Journalists.
He also reminded outgoing President Jammeh that he has no legal powers and authority to annul elections, and should not escalate tension in the country. . The outgoing president has no constitutional authority to reject the results and call for fresh election. The IEC is the only authority to make that decision” he said

 

He spoke about the congratulatory messages received earlier including the telephone conversation with the outgoing president Yahya Jammeh conceded defeat and called him to ensure a smooth transfer of power.

 

“I’m the president-elect. Yahya Jammeh should handover power to me in January. Leaders will come and go. Let us all act in the supreme interest of The Gambia. I call on him to change his stand for the peace and prosperity of our country,” he said.

 

Meanwhile, President-elect Barrow who called on the international community to take action urged supporters to celebrate the election victory in maturity and peaceful manner. He also urged Gambians to go about their daily business without fear.

Yahya Jammeh reverses course, refuses election results a week after conceding

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By Alhagie Jobe

 

Gambia’s longtime ruler of more than 22 years announced late Friday that he no longer accepts defeat in the country’s presidential election, reversing course a week after he already conceded to his rival Adama Barrow.

 

In a speech on state television GRTS TV, Jammeh said that investigations since the Dec. 1 vote have revealed a number of voting irregularities that he called unacceptable.

He said some figures in the results had been transposed and that voter turnout had been suppressed.

 

“After i accepted the results without any query, the IEC called all parties at the headquarters and told them that there was error. That is not acceptable,” he said.

 

He added: “Our investigations reveal that in some cases voters were told that the opposition has already won and that there was no need for them to vote and, out of anger, some of them returned home. I hereby reject the results in totality,” he said in his address that aired late Friday.

 

“Let me repeat: I will not accept the results based on what has happened.”

 

Only one week ago, a jovial Jammeh was filmed on state television calling opposition candidate Adama Barrow to wish him the best.

 

“You are the elected president of The Gambia, and I wish you all the best,” Jammeh told Barrow at the time. “I have no ill will.”

 

The dramatic about-face was certain to spark outrage among the opposition and the tens of thousands of Gambians living in exile abroad. Already in the week since Jammeh had been defeated, several dozen political prisoners had been released on bail.

 

Under Jammeh’s rule, the country surrounded almost entirely by Senegal has become notorious for its abysmal human rights record as well as the president’s erratic behavior.

 

The Jammeh regime has long been accused of imprisoning, torturing and killing its opponents, according to human rights groups.

 

He also has increasingly isolated Gambia, whose economy has long been dependent on tourism. In 2013 he exited the Commonwealth, a group made up mostly of former British colonies, branding it a “neo-colonial institution.” And in October, Jammeh said Gambia would leave the International Criminal Court, which he dismissed as the ‘International Caucasian Court.'”

Barrow: ‘I will not preside over a country where arrests would take place without due process or detention without trial’

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By Alhagie Jobe

 

Gambia’s President-elect Adama Barrow has renewed commitment to his election pledges that he will never preside over a country where arrests would take place without due process, detention affected without trial and non-violent dissent met imprisonment.

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President-elect Adama Barrow’s declaration is contained in a statement issued Friday, a week after been elected to succeed Yahya Jammeh who had ruled with iron-fist for the past 22 years.

 

He said neither speech nor non-violent civil disobedience would lead to the imprisonment of any Gambian citizen under the administration of the Coalition. He said all laws that criminalize speech or non-violent civil dissent will be repealed.

 

He said he have requested the out- going President Yahya Jammeh to exercise his powers and that of the Attorney General to ensure the release of such categories of prisoners or detainees as he have mentioned as a good will gesture.

 

“I would not want to assume political office and start a clean- up exercise to remedy existing human rights violations which could be remedied by the out-going President” he said.

 

President-elect Adama Barrow renewed his election commitment to respect the rule of law, especially the supremacy of the constitution before, during and after assuming state power.

 

“Democracy will be enlarged and consolidated; respect for human rights shall be the cornerstone of the system of justice of the country. Good governance shall be enhanced by Constitutional, legal and institutional reforms that would safeguard the delivery of services to address the needs and aspirations of the people” he said.

 

He further promised to respect the independence of the Judiciary and the oversight functions of the National Assembly.

 

“Justice and competence in the service of the nation shall be the clarion call of my administration which all public servants will be obliges to pay heed to. I call on all of you to assist this administration to make Gambia a country that belongs to all her citizens; a country that would guarantee freedom and prosperity to all” he asserted.

 

Regarding some delays in making statements to keep the public informed, Barrow allayed fears and assured Gambians that progress is being made to facilitate a smooth transfer of power. He called on people to understand that to do what has never been done before requires careful planning and measuring of steps before taking them.

 

“This is precisely the way this administration intends to do business. We will consult and build consensus before issuing statements. It is important to assert that this administration intends to give Gambia a new start” he concluded.

Road Map for Justice and Reconciliation in the Gambia after 22 years

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By Lamin Gagigo

 

Friday the 2nd of December 2016, was a remarkable day in the history of The Gambia, it was a day of joy and happiness for all patriotic Gambians both at home and those in the diaspora. This day shows us that as Gambians we are one family, one country that was built on shared values, mutual respect for one another and common interest for a peaceful, prosperous and free and democratic Gambia for all. For the past two decades minority of people have been inciting hatred and tribal difference among us but we stood shoulder to shoulder with each on this historical day despite our religious beliefs and tribes and show the entire world that Gambians are a tolerant and diverse people who cannot be divided .

 

All Gambians leading to the campaign and the election process anticipated the fear of violence, intimidation of political opponents and obsessive use of force by the security services and agents of the state, to prevent people from exercising their basic fundamental rights. This was to stop people supporting the political party of their choice and vote for whoever they want to other than the incumbent, but thanks to Allah the Almighty everything went well and smoothly.

 

Therefore, we must show our sincere appreciation and gratitude to the Chairman of the Independent Electoral Commission (IEC) Alieu Momar Njie for his refusal to rig the votes. To our patriotic military services men and women, police officers and paramilitary officers who defended us and stood firm against the directives of the tyrannical Jammeh to use deadly force against innocence civilians and political opponents at any course. These services men and women including the IEC Chairman understood that the democratic will of the Gambian people demand for change and better life had to be respected and honoured.

 

Our struggle for change for a better future, for democracy, justice, and freedom for all, wouldn’t have been achieved today without the immense sacrifices endured by people like Lawyer Ousainou Darboe of United Democratic Party (UDP) and hundreds of opposition’s figures, services men and women in exiled and those incarcerated in prisons across the country and those who have sadly lost their lives in the hands of the oppressive regime of President Jammeh and his government. All Gambians owe their freedom to these people and we should always have them in our thoughts and prayers. Besides, it is our duty now to ensure that these people are free from incarceration the very day the people’s government takes over power from the incumbent.

 

Moreover, this victorious day was also down to the sacrifices made by the future young people of our beloved country, who perish at sea sacrificing their lives making horrendous journey to the shores of Europe and those who make it are often treated as ‘slaves’, ‘poor wretches’, or subhuman beings, all in search of greener pasture to better their lives and that of their families and loved ones. In addition, study found that most of these young people are medium skilled-secondary education 9-12 years of schooling (Cf.OECD, 2006). Sadly, these young people died needlessly because they felt alienated by Jammeh’s dictatorship government off 22 years that failed to address the extreme poverty, desolate economic conditions and unemployment and political persecution. Furthermore, the wider desolate economic conditions of the Gambia and the wider continent of West African in particular and Africa in general was the failure of Jammeh’s dictatorship government not coming together with other leaders to fight against industrialised Western countries selfish external trade policy with the World Trade Organisation (WTO).

 

We must also not forget to recognise the contributions of all the Gambians Online Radios and media organizations in the diaspora, who spearheaded our struggle for liberation from the tyrannical dictator and also worked tirelessly day in day out to give voice to the voiceless Gambian people both at home and abroad.

 

Now moving on to address the way forward achieving justice for the victims and their families in order to bring about reconciliation.

 

Gambian people have lived under the umbrella of fear, oppression, and had their freedom of speech, expression heavily restricted for two decades, therefore, it is vital that the security and safety of the people are addressed first because without which victims and their perpetrators cannot engage in any meaningful discussion and that may hamper reconciliation.

 

The Government of Yahya Jammeh and some of his security agents and militia men have committed heinous crimes and engaged in serious human rights violations, such as rape, execution of hundreds of civilians and political prisoners, the students’ massacre of 2000, discrimination against a particular tribe (violating 1966 Convention on the Elimination of All Forms of Racial Discrimination (CERD) and inhuman treatment, arbitrary detention of civilians and opposition figures, torture against those who opposed his government(violating 1984 Convention against Torture and other cruel, inhuman or degrading Treatment or Punishment(CAT) and enforced disappearance. Sadly, these people cannot be tried by the International Criminal Court (ICC) because Gambia is no longer a signatory to the Rome Statute of the international Criminal Court (“the Rome Statute”), therefore the court lack the jurisdiction to indict and prosecute for the violations of international and human rights laws.

In the meantime the Coalition Government should move swiftly without hesitation in collaborating with international partnerships to seek for the freezing of all the assets and finances of anybody who took part in the incitement, instigation and the violations of international and human rights laws during the past two decades of Jammeh’s rule. Secondly, it should make sure that no individual enjoys impunity for such heinous crimes and human rights violations on the account that they are Head of state or senior members of the Government because that will seriously undermine reconciliation in the country.

 

In order to heal the wounds of the families and victims of the students killed and tortured during the 2000 peaceful demonstration, who have lost loved ones, and whose loved ones have disappeared into thin air and the families of the young people who perished at sea fleeing the adverse poverty and desolate economic conditions of the country.

 

Furthermore, to also address the deep seated division within the country, the Coalition Government should facilitate a full conflict settlement and not only stop at only halting direct violence as suggested by some commentators because that will shift it to indirect violence in the form of social exclusion of certain tribe(s) or people, who might have allegedly committed crimes, discrimination and inequality. This might lead to it becoming covert for a while and then reappear as an overt conflict in the future, and reason would be because the person who had experienced the suffering has not been properly addressed.

 

In support, Des Forges (1999, pp.568; 575) argue that the exercising of justice in the aftermath of long period of commission of serious crimes like in the Gambia for 2 decades, is not only morally and legally right, it is essential for peace.

Therefore to achieve peace, unity and true reconciliation in the country corrective justice seems to be a better option. However, this approach may not be a perfect way to achieve restoration of the country but it will respond better to the needs of victims than justice only based on retribution and deterrence. Corrective justice requires that the perpetrator compensate the victims for the wrong that he or she has inflicted.

 

In a way it places both the victim and the perpetrator back in their original position. Compensation could be either material or financial.

 

There are two ways to go about this; firstly, the Coalition Government to ratified the Rome Statute of the International Criminal without any delay and request from the Secretary General of the UN the creation of a Special Tribunal or Court similar to the Special Tribunal for Lebanon and Special Court for Sierra Leone all established by the United Nations. These institutions are similar in many ways to the earlier institutions of International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) established pursuant to Security Council resolutions under Chapter VII of the United Nations Charter. Further, to also request that those charged with any involvement in the commission of the alleged heinous crimes and human rights violations be tried by a tribunal or special court that is of an “international character”, and help in identifying the nature and scope of the international assistance needed in this area.

 

Secondly, to establish a “Commission of Inquiry and Tribunal”, whose task would be to investigate violations of human rights and heinous crimes committed for the past two decades and prosecute the persons responsible for them. We have to ensure that the people who will head the commission of inquiry and tribunal are people of integrity, and have the support of the victims in particular and the public at large. They must be show impartiality and professionalism in their facts finding and proceedings, and the inquiry must not elicit empathy for the perpetrators or be sympathetic. The inquiry must ensure not to engage in unilateral approach because that’s what led to the criticism of the Rwandan Government in 2003 for only investigating crimes committed by Hutus during the 1994 genocide but not the Tutsis rebel revenge killings.

 

The inquiry in delivering justice can adopt the model system devised by the Rwandan government in the aftermath of the 1994 genocide, for trying genocide cases, although the crimes committed in the Gambia are human rights violations, by using both conventional domestic courts and Gacaca (literally meaning “grass”) – a community based dispute resolution model but which drew heavily on a more conventional model of punitive justice. Its objectives included not only delivering justice but also strengthening reconciliation, revealing the truth about the genocide (in this case revealing the truth about heinous crimes and human rights violations committed in the Gambia). These domestic judicial systems were concurrently operating alongside the ICTR.

 

Human Rights Watch in 2011 carried out a study on the progress of justice in Rwanda after 20 years, the study found that the Gacaca courts did galvanised local communities participation and gave victims the opportunity to learn what had happened to their relatives. Also, the study found that the Gacaca courts did helped some victims find a way of living peacefully alongside perpetrators and that reconciliation is taking hold in Rwanda today. However, critics argued that despite the achievements of the Gacaca courts, in its early years lack the safeguards against abusive prosecutions in a weak judicial system which resulted in unfair trials, and also the inability of the accused to effectively defend themselves, intimidation and corruption of defence witnesses, judges and other parties; flawed decision making due to inadequate trained judges to handle complex cases.

 

To prevent the Gambia from such criticism leveled against the Rwandan government Gacaca and domestics courts, the Coalition Government should ensure that they rebuild  the crumbled judiciary and justice systems, including having adequate good lawyers, judges to mention a few, and also have safeguards and laws that are able  to prosecute such alleged crimes and human rights violations.

 Author is  LLB (Hons) Law with Criminology LLM Public International Law

President-elect Barrow says he will be inaugurated in late Jan 2017

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by Alhagie Jobe

 

President-elect Adama Barrow has confirmed that his inauguration as the President of the Republic should take Place in the third week of January 2017.

 

Barrow made this declaration in his first statement to the nation issued on Friday, a week after been declared winner of the 2016 Presidential election against incumbent President Yahya Jammeh who had rule the country for 22 years.

 

According to him, people are wondering why he has not assumed office on Friday 2nd December 2016 but said the answer is simple.

 

“I was declared a winner of the Presidential Election based on the letter and spirit of 1997 Constitution and the Electoral laws of the Gambia. The incumbent respected the results and promised to work with me to have a smooth transfer of power based on the Constitution of the Republic” he said.

 

Section 63 subsection (2) of that Constitution clearly states that:

“(2) The person declared elected as President shall take the prescribed oaths and assume office on the day the term of office of the incumbent President expires.”

 

He said that is the law and after broad consultations with Coalition stakeholders and legal experts, it is now conclusive that he should assume office on the day the term of office of President Jammeh expires, meaning his inauguration as the President of the Republic should take Place in the third week of January 2017.

 

He said the transition team is now working on the modalities of the swearing in ceremony and would communicate all developments on the transition to the public, as and when it is necessary for the sake of accountability and transparency.

 

According to him, Gambians and Gambia can raise their heads and count themselves among the most democratic nations in the world. He said the congratulatory message from outgoing President Yahya Jammeh and his promise to work with the incoming government to ensure a smooth transfer of power is another milestone in the history of democratic transfer of power in Africa.

 

“We have agreed to set up parallel teams, on both sides, to work hand in hand to formulate and implement the modalities of the transition. My team as an incoming President has been constituted. It comprises Gambians of integrity and competence who are now charged with the responsibility of formulating a road map for the transition. They have presented the transitional agenda of the incoming administration which has been approved by me and the Coalition stakeholders as a realistic, practical and time bound programme of activities to ensure peaceful transfer of power” he concluded.

Justice Bah: ‘Lawyer Darboe & Co granted bail for public interest’

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The Gambia Court of Appeal presided over by Justices A.O. Adegoke, Awa Bah and Edrissa Fafa Mbai Thursday made the ruling that Lawyer Ousainou Darboe and 18 others were granted bail base on public interest.

 

Mr Darboe and Co where released on bail last Monday after almost five months in jail after serving three years jail term each.

 

“The fact submitted by the defense counsel Amie Bensouda is convincing enough because is in the interest of public to grant bail and denial of which is a threat to national security” Justice Awa Bah told the court.

 

Justice A.O. Adegoke in his ruling quoted section 12 (a) of The Gambia Court of Appeal. He told the court that the fact that the first appellant Ousainou Darboe constitutes an integral part of the coalition that won the recent presidential election is compelling reason to grant bail.

 

The matter was adjourned till 6 March, for adoption of briefs.

 

The appellents are Ousainou Darboe, Kemeseng Jammeh, Femi Peters, Lamin Dibba, Lamin Jatta, Yaya Bah, Babucarr Camara, Fakebba Colley, Ismaila Ceesay, Momodou Fatty, Dodou Ceesay, Samba Kinteh, Momodou Manneh, Nfamara Kuyateh, Lamin Njie, Yaya Jammeh, Momodou L.K. Sanneh, Massanneh Lalo Jawla, Fanta Darboe and Junkuna Suso.

 

It could be recalled that Mr Darboe and Co were arrested on April 16th after staging a peaceful protest demanding the release, dead or alive of the party youth leader Solo Sandeng who was arrested in an earlier April 14 protest for demanding electoral reforms. He was allegedly tortured and died under state custody.

 

They were all charged with seven counts of unlawful assembly, riot, incitement of violence, riotously interfering with traffic, holding a procession without a license, disobeying an order to disperse from an unlawful procession and conspiracy.

 

They were denied bail and remanded in the state central prison of Mile II until on July 21st, 2016, when they where convicted and sentenced to serve 3 years in prison consecutively by Nigerian machinery judge Justice Eunice O Dada.

Message to Gambians to unite

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By Solo Demba (LLM, LLB.RMA, RN)

Fellow Gambians, I take the opportunity to express my solidarity with you in exercise of your democratic and constitutional rights.The graceful collapse of the Second Republic and the rise of unstoppable people’s power require us to rethink about our responsibility seriously.In doing so, we must take bold steps that would produce, ‘collective good’ for the society as opposed to steps that protects special interests of few.

 

We must nurture fundamental norms such as respect for human rights, rule of law, and democracy. Going forward, we need every tool in the tool box to massage souls; learn to work together and amend institutional failures that had stifled development and advancement of democracy in our country for decades. Although the genesis of these failings predate the Second Republic, there have been no systemic efforts to correct these institution alimbalances so as to regulate the organized power of the state.

 

In my view, such inaction was designed to suppress the will of ordinary people.Turning things around requires profound of sense of dedication, resilient with strong mind-set on nation building efforts similar to the one that had galvanized European powers to embark on self-serving mission. I believe that we can propel our country to the height of the world to fulfill every Gambians’ dream, indeed, such is achievable with serious commitments. While the state has sovereign power to govern its people, this power can only be legitimized through a creditable democratic process.

 

Sovereign states are supposed to be the servants of the people they serve. It is incumbent on states to enable citizens to live purposeful life by developing the state’s economic capabilities, so as effective democratic institutions.  It follows that the sources of state’s power emanated from the will of the people. Such power must not be silenced to allow the state to evade its fundamental obligations as the governor.

 

In this sense, democracy allows effective implementation of social contracts in which the state is obliged under international law to protect the security and well-being of its people. The responsibility to protect forms the normative foundations of international law. The OAU and the ECOWAS are both principal proponents of such international norms, in their quests to promote good governance they espouse the practice of genuine democracy and protection of human rights.

 

We cannot be silenced and allow the future of our country to be defined by human rights violations, while impunity prevails. The  same proposition was articulated by Nelson Mandela as he says ‘Africa has a right and a duty to intervene to root out tyranny…we  cannot abuse the concept of national sovereignty to deny the rest of the continent the right and duty to intervene when behind those sovereign boundaries, people are being slaughtered to protect tyranny.’

 

I believed we have an important role to play avert such heinous practice. Notably, the eyes of noble Africans institutions are fixed on Gambia to determine whether the informed choice of the people will prevail.

 

Therefore, the Coalition must exercise its mandate judiciously to serve the interest of the country. Make no mistake; I believe Gambians have the right mind-set to remove any government that neglects the needs of the country.

 

The other point is that as The Gambia is a signatory to most international instruments, it is subjectable to international rule of law. Therefore, it is right to say human rights violations may engender international intervention either politically or economically. For example, the intervention in Ivory Coast was necessary to protect democracy and the life of ordinary Ivoirians. However,while the state has the overall responsibility to protect human rights, citizens are also required to respect the laws of the land as every human right carries a responsibility, no right is given without a corresponding obligation.

 

Undoubtedly, the security of the people cannot be preserved in the midst of chaos and confusion, therefore, I urge all Gambians to exercise their constitutional rights with sense of responsibility. It is our responsibility to prevent our country from descending in Anarchy and protect the rights of minorities as democracy does mean majority views must always prevail.

 

Indeed, politics can be conducted in ways which promote democracy, if divergent groups are allowed to express their views freely and pursue common goals that align with their political ideologies. Political values such as justice, equality, liberty, and self-determination must be rooted in the practice of politicians if they are to earn the respect of the Gambians. Indeed, failure to embrace or flagrant disregard of these values call into question the morality and fitness to practice of politicians.

 

More importantly as rightly stated by the Philosopher Kant, ‘Without man and his potential for moral progress, the whole of reality would be a mere wilderness, a thing in vain, and have no final purpose”. What seems also untenable is to deploy divisive politics in order to weaken the collective power of the people against the interest of the country. Such practices are not only in imicalto social integration but contrary to democracy. It has become a common knowledge that Gambian politicians have always tried to divide us along ethnic and tribal lines to maintain their grips on power.They articulated the notion that we are from different tribes, so we cannot coexist harmoniously.

 

Clearly, this proposition is not only dangerous, but also disingenuous as we are all equal. It is axiomatic as Gambians we have been living together as brothers and sisters for centuries in our communities. Our efforts and talents must be employed to build up the institutions that faithfully work to meet the aspirations and aims of ordinary Gambians. We must reject divisive politics; if we focus on what on what we have in common to foster social cohesion. I have no doubt in my mind that we have already taken bold steps towards this direction, albeit there are challenges we face in a globalized world. I have faith in the decency of Gambians to put aside ethnic divisions and work together to create and maintain a society which is inclusive and transparent. If we are brave enough to think outside of The Gambia, we soon come to realize that the misery that afflicts many of the countries in Africa and elsewhere are a product of lack of respect for the principles of democracy, rule of law and equality of opportunities.

 

It is onus on the Executive, the Legislative and Judiciary to nurture such fundamental principles and present The Gambia as a modern sovereign state. State power must be re-balanced by institutional reforms. The independent of the judiciary must be sine qua non (absolutely necessary). Rights such as freedom of expression and free press must be embedded in our constitution to allow democracy to thrive. Parliamentarians must be able to hold the executive accountable to the people. Turning our backs on such fundamentals is a perilous path that would insulate uncertainty and chaos. Furthermore, this may exacerbate the very economic problems of our homeland because legal uncertainty has dangerous ramifications for investment.

 

We must flatly reject the notion that we are different, and we cannot work together to address our shared challenges.  We must work to nature the initiative drive in every Gambian to aim high with the view to making a significant contribution to nation building in humanities, science, technology, etc. That vision must empower all citizens of the land (Akus, Fullas, Jahankas, Jollas, Mandinkas, Manjagos, Sarahulehs, Sererehs, Wollofs, etc.) the opportunity to aim for the highest office in the land because we can all identify what is good and are capable for doing good.

 

In this age of interconnected worlds, we cannot help but notice that nations that encourage their citizens, of diverse social and cultural backgrounds, to work together have made huge strides in the right direction – it is no wonder that such countries continue to suck the life out of The Gambia and other African countries that stifle innovation and the freedoms of its citizens. If we cultivate the will to work together, we can reverse this downward trend and I challenge you to that task.

 

Thank you and God bless you all

Gambia’s President-elect Barrow makes maiden face-to-face with local journalists

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Gambia’s President-elect Adama Barrow Thursday December 8th, 2016 conducted his maiden Press Conference with local journalists at the Kairaba Beach Hotel.

 

During the event, Mr Barrow unveiled his plans to improve in governance, democracy and rule of law in the country. He also spoke about major plans to revamp and invest heavily in agriculture sector saying his government will rely on the sector as a support base to the economy.

 

President-elect Barrow also spoke at length about creating jobs especially for the youth of the country saying they are the future leaders of the country and empowering them means building a better future.

 

He assured that his government will be media friendly unlike the previous regime of Yahya Jammeh which created the worst environment for the press and continuosly infringed on the rights of not only the media but the citizens in general.

 

“This government will be very friendly with media. The media enlighten the people. We will bring good media laws” he said.

 

President-elect Barrow reminded the people that the coalition went to election based on principles saying there will be no conflict of interest among the member parties. He then dismissed speculations that he might include in his cabinet members of the former government and newly formed opposition party of Mamma Kandeh.

 

“I don’t think we are inviting any party we have enough parties in the coalition,” he said.

 

On the ongoing rumors of tribal fights in the country and investigations against Dictator Jammeh and his governmnet, President-elect Barrow said they have nothing personal against anyone and will always operate according to the law.

 

“I am a Mandinka, Sarahule and Fula. Two of my last sisters from the same mum and dad are married to Jolas in Foni. So, tribe is not important. What is important is that we are all Gambians and should unite and work for the progress of our country,” he said.

 

Meanwhile, regarding his present personal security guards, Barrow said his personnel guards as at now include Senegalese personnel from a private security firm. He said that they have also contacted the Gambia government to assign security to him before the handing over and transfer of power.

 

President-elect Barrow also mentioned about the current Gambia security chiefs calling him and pledging allegiance.

 

On the Gambia’s membership to International Criminal Court ICC, Mr Barrow said “The Gambia is still officially a member of ICC”.

 

Regarding the issue of surrendering former President Yahya Jammeh to ICC upon request, President-elect Barrow would neither rubbish nor agree but quickly noted that The Gambia and its judiciary are competent to handle cases of such nature.

The transition must take place immediately

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By Lamin J. Darbo

 

As argued elsewhere, Gambia’s 01 December 2016 presidential election was a referendum on governance, governance as goes to liberty and dignity of the person under the rule of law. The seven-party Coalition ‘movement’, supported by an electorate dehumanised and enervated by state lawlessness and brutality, and yearning earnestly to be free, delivered a resounding ‘revolution’ that rivaled any in terms of its legitimacy.

 

When the announcement finally came that the Coalition’s Adama Barrow was elected president, the immediate general perception, and understandably, was that he was headed for his official residence at No.1 Marina Parade no later than next week. The message is unmistakable that Gambians conclusively rejected the endemic state lawlessness that was the order of the day leading to and beyond 01 December 2016. What shock to be told the president-elect must wait an interminable sixty days to relocate to his three-year presidential abode as the number one occupant of the State House in Banjul!

 

Is there a legitimate basis for this reported sixty-day wait to assume office?

 

Section 63(2) of the 1997 Constitution of The Republic of The Gambia (the Constitution) states: “The person elected President shall assume office sixty days following the day of his or her election, and in any case where the candidature of a person contesting the election is unopposed, such candidate shall be declared unopposed and elected to the office of the President on the day following the making of such declaration”.

 

This provision was part of a huge number of illiberal, repressive, and personal amendments to the Constitution via Act No. 6 of 2001 without a commensurate democratic mechanism to implement it notwithstanding its inbuilt national security and other concerns. Its only purpose, now as in 2001, was to hijack the will of the people by a calculating president. True to form, the rubber-stamped National Assembly endorsed and enacted a dangerous measure without a word of debate, a measure that now poses a clear threat to national security.

 

The failure to put a transitional mechanism in place was deliberate and what the country is confronted with is nothing short of an imminent national security crisis. Babil Mansa’s propensity for systemic mis-governance is legendary with the inevitable consequence that fear continues to pervade the public space of The Gambia. That fear is still somewhat present, and understandably so. The incoming government must be protected, its public mandate safeguarded, but it has a commensurate responsibility to reassure Gambians regarding issues of liberty and personal security, and that reassurance would ring hollow unless it acts decisively in nipping the emerging threats from a defeated government.

 

In the circumstances, and considering Sheikh Professor Alhaji Dr Yahya AJJ Jammeh Babil Mansa, comprehensively and decisively lost the mandate to govern, he must vacate power immediately notwithstanding section 63(2) of a Constitution he flouts with routine disdain.

 

Now that this absolute dictatorship has spectacularly collapsed in broad daylight, no citizen or resident of The Gambia should suffer unlawful arrest, detention, abduction, torture, threats, forceful disappearance, or extra-judicial execution. It is not enough to say that the government is defanged and that there is no legitimate basis to fear anything. I repeat the general and public demand that on national security considerations, Babil Mansa must vacate power immediately notwithstanding section 63(2) of the Constitution!

 

Indeed there is every legitimate basis for fear given the long interlude between 01 December and 31 January. With the police power still in the hands of Babil Mansa, it would be suicidal for an antidemocratic measure that was merely inserted, nay, sneaked into law without debate to thwart even the unequivocally expressed wish of the people.

 

Standing alone without any implementing legislation, and given the significant nature of what the amendment, i.e., the sixty-day transition provision must achieve, it has no capacity to assist in furthering accountable government within the rule of law. Due to Babil Mansa’s perpetual self-succession agenda, there was no informed opinion from his constitutional minions to put in place such a vital legislation.

 

Instead, the Gambian people were made to believe that Babil Mansa is a ruler for eternity and no elections could see him packing, a delusional rendition that comprehensively succumbed to the overriding will of the people. In the circumstances, this hollow provision must be honoured in the breach by Babil Mansa stepping aside by Friday next at the very latest.

 

In line with democratic convention and principles, the incoming Coalition government, having lawfully obtained the legal authority through the electoral mandate to wield the executive power, must be fully engaged with the business of running the state. What truncated version of the civil service there is should have the capacity to assist the incoming executive authority in implementing a credible transition process.

 

The Coalition’s Transition Team must begin to act as a Government, having been given the full constitutional mandate by the electorate. Should Babil Mansa stay at all – and the people vehemently reject this – he may only do so in a caretaker capacity with all major decision making in the hands of, and exercised by, the president-elect and his team.

 

Further, the incoming government must have the inherent executive authority to consult any government entity for information, and this extends to all ministries, parastatals, the revenue authority and the Central Bank. It must act to preserve the reserves if any!

 

More significantly, this cannot be done from home, be it that of the President-elect, or any of the Coalition leaders’. The incoming government must have a fully-equipped office staffed by appropriate personnel and fully paid for from the public treasury.

 

In line with the thinking of the electorate, there is a moral imperative for Babil Mansa to surrender office within the coming week consistent with his promise to cooperate with incoming administration by showing good faith and relinquishing power as an inevitable consequence of the withdrawal of the consent of the people, a consent that was consistently subverted through endless tinkering with the Constitution with a complicit National Assembly which acted as a mere an extension of the Executive.

 

Babil Mansa’s government was conclusively rejected and no one should entertain the suicidal foolishness that the will of the people can be thwarted by the barrel of the gun. For the Gambian people there is no turning back.

 

An utterly lawless era is over and any attempt to resuscitate it will fail dismally, and with heavy consequences for those bent on subverting the popular mandate so compellingly articulated on 01 December 2016. The Gambia and the world are watching!

Gambia: Post victory

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By Bakary B Sanneh

The outcome of the just concluded elections has made me very proud of Gambians.

Today I can lift my head up with pride and majestically say that I am a Gambian for the profound victory against tyranny, injustice and political slavery.  Kudos to those brave men and women who have in one way or the other consistently and acidulously fought for this new Gambia.

 

Although the victory brought so much euphoria but after careful study and analysis of the post victory events, I am beginning to develop mix feelings – on one side elated for the change but rather concerned about the possibility of a Jammeh come back or interference.  Jammeh’s demeanor during his concession call to Barrow and even his commanding tone proves to me that he is neither apologetic nor remorseful of any of his actions or inflammatory rhetoric.  He is still full of hatred, disappointment and disgust for certain groups of Gambians and would do anything to wipe them out if he has a second chance.

 

For those advocating total amnesty for Jammeh, forgiveness comes with two conditions; remorse for your wrongs and resolve to abandon forthwith with the intent not to repeat same again.  I am not very much interested in that tangent, but let the leadership of the new government and team decides on amnesty or justice for him.  However, I am greatly concerned about Jammeh’s cynical motives.  He preyed on Jawara for years in order to be able to hatch a successful plan to topple him, preyed on our naivety for 22 years and while we are busy merrymaking for the victory now, he continues to take advantage of our same naivety and kindness.

 

Fellow Gambians, a believer is not bitten in the same whole twice.  I am now convinced that Jammeh’s victory concession is strategical and tactical as it offers him the opportunity to resettle in Kanilai with his weaponry, loyalist, junglers and more so maintaining his command of a certain fraction of the Casamance rebels.  I don’t want to pre-empt what the new government should do, but allowing Jammeh to remain powerful is going to be a recipe for disaster and subversion.  The security implications of this must be thoroughly evaluated and the risks adequately mitigated. I couldn’t agree more with Essa Sey in his post victory analysis that Jammeh (government) is gone but his system is still in place which we need to neutralize come January.  We all agree that Gambia cannot afford another Jammeh come back or even similar.

 

I therefore urge one and all to tread cautiously when dealing with Yaya Jammeh.

 

The man cannot be trusted and would to continue to be cynical.  The prophet peace Be Upon Him said in a Hadith (on the Authority of Salman (RA) ‘Allah will not speak to three people, neither will he bless them and a severe torment awaits them’; “one who makes Allah’s name as his merchandise by frequently swearing without no cause”.  The other two are not relevant for our purpose here.  It is also mentioned that too much swearing also makes a person a liar: this is very salient in Jammeh so do not trust or believe him.

 

Finally, I advise the new leadership to be careful and ensure Jammeh is contained even if he is granted amnesty.  I also remind President-Elect Barrow to ensure that he lives by the spirit and letter of the coalition MOU and not allow anyone to turn him into a dictator.  We don’t need the cities of the Kombos full of his portraits, self aggrandized accolades etc.

 

We expect him to serve The Gambia and its people selflessly so we can also make GAMBIA GREAT AGAIN.

 

TOGETHER WE WILL MAKE GAMBIA GREAT AGAIN

LONG LIVE NEW GAMBIA

New Gambia: Building a Cabinet

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By Madi Jobarteh

 

The Gambia faces both a promising and an uncertain future at the same time as we prepare to usher in the administration of Adama Barrow. We face a promise because of the incredible enthusiasm and determination of our people demonstrated in this election in which we managed to peacefully save a nation from the brink of violent conflict. That enthusiasm and determination come against the backdrop of a longstanding brutal dictatorship for which the people were determined to crush to and never to rise again. It is safe to say indeed that the people now want to transition from dictatorship to democracy. The people are looking up to a leadership in which they have entrusted so much confidence. At the same time the people have huge expectations, which can only be measured against the huge damage that has been inflicted on the nation over the years.

 

It is in view of both these huge expectation on one hand and the damage caused on the other that we also face incredible amount of uncertainty. That is, how well the new leadership would be able to mobilize and organize this incredible energy of the people and manage their expectations such that we are seen to utilize every opportunity efficiently and effectively. This is a delicate exercise, which requires the full and active participation of the people on the one hand. On the other hand, it also requires leadership that is full of wisdom, smartness and strategy. Thus there is the need to balance the hunger of the people for solutions and real change in their lives with the effectiveness of the leaders to make the right choices and deliver promptly. This is no easy task.

 

In my view, the key to this balance, to enable us to harness the opportunities and fulfill the promise and therefore prevent the uncertainty lie in the kind of administration that Mr. Barrow and the coalition will create. Essentially, it is about what kind of Executive he will compose such that if it contains the right people, there is every opportunity for them to fulfill that promise. Failure to do that then we risk spiraling into everything except democracy. Let us bear in mind that just because a country emerged from dictatorship does not mean it could not go back to it again pretty soon. Uganda is one classic example where one dictatorship under Idi Amin came to be replaced by another dictatorship under Yoweri Museveni from 1986 to date. The Cabinet of Adama Barrow is therefore the key.

 

What kind of Cabinet?

For his Cabinet, I would suggest that Mr. Barrow and the Coalition consider bringing in individuals who are not politicians, but experts who have the scope and experience of policy and development with an international touch. We need a set of smart and progressive technocrats with the scope and capacity to create the necessary tools, be they policies, laws, institutions and processes that will modernize our governance system and the economy. For example in bringing the economy anywhere near viable, it is urgent we review the necessary laws and policies, i.e.to change, abolish or create new ones altogether.

 

It will be those laws and policies that will come to strengthen our institutions and processes, which will feed into strengthening our macroeconomic fundamentals. These are about the interest rates, which must be set at levels to enable local entrepreneurs to access credit and make profit from their investments while at the same time enabling the banks to conveniently recoup their loans. It also means looking at our tax laws because currently the Gambia has one of the highest total tax rates in the world. While taxes are an indispensable source of revenue for government, yet high taxes also stifle the economy as it breaks the backs of potential entrepreneurs and investors, and causes rise in cost of doing business hence raise prices without the requisite profits.

 

Also we need new policy makers and economic thinkers who realize that government borrowing kills the economy, as is the case in the Gambia now. Our domestic debt is already more than 900 million dalasi per annum. This is not sustainable as it also eats into our external reserves, which are currently less than two months secure. Above all we need to wipe out corruption, inculcate a culture of efficiency on the basis of transparency and accountability. Thus given the juncture at which the nation is, the least distraction it needs is to have a Cabinet saturated with partisan politicians. We need smart technocrats.

 

As a three-year transition regime, I am of the view that Barrow’s main pre-occupation should be to conduct constitutional, legal and institutional reforms in order to cleanse our governance environment to ensure level playing polity. In this process he would have also strengthened public and democratic institutions and processes, which would enhance efficiency, transparency, accountability and performance of the state to ensure quality service delivery and revitalization of the economy. When he includes the career politicians in the Cabinet the tendency is to give rise to political jockeying in which these politicians would be repositioning themselves and for their parties in preparation for the 2019 elections. Consequently, the urgent task to transition from dictatorship to democracy will be severely weakened hence we would have missed the great promise of ushering in a new viable democratic third republic. It is typical of politicians to always seek to promote their political objectives by any means. Hence in this transition period, we do not wish partisan issues to derail or delay the nation from conducting an overhaul of the vestiges of dictatorship totally in order to create a new society.

 

New Role for Politicians

Therefore, I would suggest that members of the Coalition as politicians should have a new role in the transition period, which would enable them to help the nation build stronger foundations for democracy, civic empowerment and popular participation. Thus I would suggest that the new administration consider creating what I would call ’Council of State’. This is going to be an institution in which I foresee it having members like Ousainou Darboe, Fatoumatta Tambajang, Isatou Touray, Omar Jallow, Hamat Bah, Halifa Sallah, Sidia Jatta, Bolong Bojang, Mai Fatty, Hendry Gomez and Mama Kandeh among others. The Council of State would be a transitional institution, which shall serve as the conscience of the nation. It shall play an advisory and social mobilization role for the promotion of republican values and civic education. This is necessary to build the culture of democracy and develop and strengthen the sense of sovereignty of the people. At the same time it will be an instrument that will provide the necessary guidance to the new government especially given the arduous task of cleansing the ship of state after so much damage by the dictatorship.

 

We must bear in mind that the transition period would have to establish some commissions of enquiry to bring out the truth of the dictatorship and ensure justice. In countries where such endeavors were undertaken, it sometimes generates some vibrations for which independent, respected and recognized personalities and voices are necessary to calm the waters. While it is true that there has been so much pain over the years, yet in the urge to correct the wrongs, we cannot afford to burn the country. We need some voices, institutions and personalities to serve that role of pacifiers, mediators and confidence and assurance builders that would calm down everyone until we reach our objectives. This is where these seasoned politicians would become quite useful as they play the role of the elders of the society.

 

At the end of the day, we have every opportunity to usher in a new democratic society. We have the capacity. There are hundreds of competent Gambians at home and abroad with the requisite capability who should be in the Cabinet to steer this nation to safer shores. We also have many wise personalities who should rise above partisan politics by now to focus on the wider national goal of moulding this nation into a beacon of democracy, further cement national cohesion and reconciliation. They should be in the Council of State.

 

Finally, Mr. Adama Barrow must bear in mind that it is also his own personal legacy he is now building. He is taking leadership at a very delicate time in a society that is just emerging from a brutal experience and severely impoverished. Not only did AFPRC/APRC damage our institutions but this regime also polluted moral values and undermined the social cohesion of our society while inculcated a shameless culture of corruption and dishonesty. Hence Barrow will receive all sorts of individuals and proposals some of whose sole purpose is to secure their own selfish interests because we cannot change attitudes immediately. Therefore he must shield himself from any bias, control and influence from any quarter but to stand his ground to ensure that he pursues only the best interest of the Gambia knowing full well he has very limited time.

 

He has only three years to make or break the Gambia. If he allows parties and individuals to misdirect him and the state of ship crumbles down, all of these stakeholders will wash their hands off and point to him as the man in charge. In that case Gambians and history will judge him as the man who messed up a historic opportunity and failed his promise to his people. He must bear these in mind. He must look beyond the coalition and seek more information and engagements with all Gambians in order to enable him make the right choices and take the right actions. Failure to provide the leadership we deserve, rest assured Gambians would never forgive him until the end of time. At least I will not forgive him as I will not ever forgive Yaya Jammeh.

 

For the rest of us as common citizens, our role must be to stand for our country. To share our ideas with each other and to let the leaders know that we cannot accept anything les than success, unity and national development under a democratic dispensation. We must shun all ideas and practices that will bring back dictatorship, but to stand together to support the new administration in doing the right thing. We must be prepared to criticize them where they go wrong and applaud them to continue where they go right. We must change our perception and approach to leadership and governance to realize that Allah or God is not making decisions here; rather it is you and me who are making the choices. Every choice, good or bad has a consequence, good or bad. If we fail to play our role, Adama Barrow will fail, and if he fails, the Gambia will fail. But if we succeed in standing for our country and giving Adama the necessary support, and he also opens up to that genuine support, he will succeed. And if he succeeds, we succeed.

Forward Ever. Backward Never.

Jammeh should no longer dictate the narrative

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By Ousainou Mbenga

 

From this moment on wards, we, the voices of victory on the ground and “diaspora” must dictate the narrative of the 22 year storm we just came out of and the transitional plan to straighten up our beloved Gambia. We must be willing to assert authority over Jammeh and his Alliance for Patriotic Reorientation and Construction (APRC). Under normal conditions, the approach would have been different but conditions in the Gambia remain abnormal, therefore require appropriate action.

 

The masses of Gambian voters have spoken decisively at the ballot boxes and everyone should listen, especially Jammeh. I strongly believe that the downtrodden masses have now discovered the “power of the people” which lay dormant and suffocated by neocolonialism, particularly the tyrannical Jammeh regime. Furthermore, the masses must take part in the cultivation of the new leadership required to construct the proud -future Gambia we have fought for since flag independence.

 

A new era has dawned upon us. This is the era of not leaving things to chance and wishing for a better life without struggle. Any life worth living must be created by the sweat of our brows, our intellect and unshakable determination to hold leadership accountable to our livelihood.

 

We must break with the notion of “give them a chance”. Most of you agreed to give Jammeh and AFPRC – APRC a chance and look at what it cost us; 22 years of abject barbarism: disappearance, detention without trials, gruesome murders, assassinations, rape, plunder and pillage. Leadership from now onward will be tested and not “given a chance”. We didn’t come all this way only to succumb to “business as usual”.

 

Liberation without social transformations is meaningless.

 

This election is unprecedented in Gambia’s history in particular and Africa in general. All eyes were on Gambia on December 1, 2016. Voter turnout and enthusiasm superseded that of “flag independence” day, 51 years ago. A people fed up with a gangster regime and its willfully ignorant sycophants said enough is enough and that they were “fired up and wouldn’t take it no more”. In my view, the best protection to ask for is the people’s protection. And I have no doubt that the Gambian masses will defend the December 1, 2016 victory in the event of any provoked vertical violence from the departing regime. This was an extraordinary achievement for Gambia and Africa in general; we must preserve and protect it with our lives. The whole world is impressed with the outcome of the elections contrary to the senseless violence that usually punctuate elections in Africa.

 

We won a mandate from the mighty Gambian people, a force that must be reckoned with and not easily intimidated. The jinni is out of the bottle and nothing can put back into the bottle.

 

What is being manifested on the ground is a crisis situation in which the “old order changed, yielding place to the new” but under hostile conditions. The “old order” doesn’t relinquish power just like that. But this is part of the process to restore normalcy. Wherever tyranny is uprooted, its fear mongering machinery has to be in full throttle to derail the resistance and reverse the VICTORY of the people. We must remain vigilant!

                                                                              ONE GAMBIA ONE NATION! LONG LIVE AFRICAN UNITY!

Magistrate Surahata Danso released

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By Lamin Sanyang

 

Magistrate Surahata Danso of Brikamaba Magistrates’ Court has been released from detention last Friday, December 2nd 2016 after the election results were announced, The Fatu Network can reveal.

 

Mr. Danso was first arrested and detained at Brikama-ba police station on Tuesday, November 1st, 2016. He was later transferred to the Serious Crime Unit at the Police Headquarters in Banjul where he has since been detained.

 

“They have released him without any charge,” said a family source.

 

Meanwhile, Magistrate Danso could not be reach for comments.

 

Detention without charged and bail contradicts the dictates of the Constitutions of The Gambia and a total violation of his rights. The 1997 Constitution of The Gambia says a person should not be detained for more than 72 hours without been charged before a competent court of law or granted bail.

 

The Gambian magistrates and judges are pruned to arrest and detention when they fail to heed to executive directives by President Jammeh to jail innocent people. Each time they deliver verdicts and it doesn’t go down well with the State they are arrested, detained, charged and dismissed and subjected to emotional torture.

 

In August, 2016, the country’s first and only visually impaired Magistrate Muhammed Krubally was dismissed. His dismissal letter came after he already left the country to attend The World Blind Union Conference in the United States of America. He was accused of ruling against the state in a case that the President personally had interest in.

 

In early September 2016, Gambia’s youngest Magistrate Omar Jabang of the Banjul Magistrates Court also fled the shores of The Gambia to the United States. He was arrested and detained at the Serious Crime Unit in Banjul following his ruling on a no case to answer where he acquitted and discharged one Yusupha Saidy, a businessman.

 

After his arrest and detention, Jabang was later dismissed and later reinstated on condition that he must heed to the wishes of the Presidency and jailed anyone that the regime wants or risked being arrested, dismissed, charged and prosecuted for abuse of office.

 

The Gambian Judiciary lacks independence and dances to the tune of President Yahya Jammeh.

 

Meanwhile, the dictator has now fallen and Gambians expect rigorous judicial changes to ensure that the law is violated anymore and Gambia people’s rights are respected.

After 20 years, it is almost surreal when you stop & thinking the regime is finally breathing their last gasps of fresh Smiling Coast air

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By Habib Drammeh

 

Although the cocktail of discontent is different in every country, but the pattern of political earthquakes across the western world has continued in West Africa and uprooted the repressive regime of Dictator Yahya Jammeh.

 

Yahya Jammeh and his gang of elves who ruled Gambia with an iron fist of repression and over the years got away with anything found themselves on December 1st in an unexpected dotage. The suddenness with which the regime fell, became evident half way into the night of the elections after prolong paused in releasing the rest of the constituency results. On the surface, the answer was clear that they lost after the pattern — the results were released from previous elections changed.

 

In the fortnight following the Dec. 1 election, Yahya Jammeh showered the IEC with all kind of laws favorable to his victory.  With their vow to win the election no matter what the world thinks about the results, other looming midnight-regulations and executive actions include schemes to seize the internet and shut down power to block the world away from happenings in the Gambia followed. He went as far as printing victory celebrations T-Shirts.

 

The newly emboldened Gambian people in a rare stand got united to kiss his agenda of 2017 death upon arrival. Sure, our confidence on the IEC was all time low — but maintaining the status quo’ with its own intolerable costs baked into each Gambian’s future — was not an option to live with. The force of that logic in our minds and the heroic fight of all Gambians, couple with the defiance of the IEC chairman to deliver nothing but true verdict, gave us victory non-to history.

 

Phew!  let take a step back and touch a little on the conspiracy theories and events that gave our hopes a severe “Black eye”.  I received a message from someone that the old men at IEC, earlier on painted his gate green color and his son either penned an article or released a Face book Video —predicting victory for Yahya Jammeh.

 

The fall-out from his piece made international headlines around online media and gave our hopes a black eye. In so doing, he eventually later apologized in another lengthy piece I saw on some online newspapers. Many began having mixed feelings but Gambians on the ground very confident of victory. They started making homemade signs “IEC BE FAIR” campaign. Then the state media GRTS TV broadcast the arrival of 400 Mauritanians— who claimed to be Gambians, but where speaking in Cassamance accent and housed around green tents. And celebrities’ especially powerful Nigerian Nollywood actors were all supporting the dictator at tax payers expense.  Others began downsizing their optimism and started changing their slogan to “Plan B”. Idealists, myself included, wrote many pieces encouraging people to go vote for change.

 

However, public reactions became more supportive and victory plausible because all the online radio presenters came together to raise funds for GDF. The intense campaign online radio and social media appealing to voter discontent and projecting strength and leadership in a time of political chaos —including rolling electricity and internet blackouts by the dictator’s enablers, in many ways, give people more hope to carry on the fight. It was Gambian politics gone wild with red carders, and it has proven effective. However, most importantly, a packed, colorful and disjointed slate of candidates from seven parties to form the Coalition, helped in unifying Gambians a great deal.  But there was also GDC party— whose leader was very skilled at using his celebrity status to attract voters from APRC regime.

 

However, they sometimes used outlandish statements occasionally that frustrated many. Metaphorically speaking, they politically married all the APRC single voters with far more compelling political narrative Yahya Jammeh’s political strategist couldn’t share with their disfranchised voters.

 

Then came the faithful day of December 1st. Gambians waited in lines to cast their ballots. Frustrations ran high as more conspiracy theories and propaganda. However, the young Gambians turnout appeared consistent with heavy in-person crowds reported by elections officials at polling sites and young coalition poll watchers. Social media and WhatsAPP messages were being recorded constantly to encourage Gambians to go vote and debunking regimes propaganda machinations. People were determined and excited enough to vote for change. Euphoria among some voters over IEC itself as an organization, come as no surprise but people’s last silver lining of hope rested in the hands of IEC chairman.

 

In fact, many Gambians who knew him undoubtedly feel the same sensation of an honest man who will call the elections results truthfully. More interestingly, though, the IEC chairman delivered in the face of severe inter-mediation from dictator Yahya Jammeh. Boom shakala! Gambians gave the dictator the shellacking he needed to fall from power to disgrace.

 

Metaphorically speaking, the unattractive tag team of Gambia’s repression is now breathing their last gasps of fresh smiling coast air before they get shoveled out the doors of Gambia. As we patiently wait for the transition period to end for the regime to pack off Gambia, but the current political landscape sure feels like déjà vu again because Yahya Jammeh is still in charge.

 

More importantly, they turned to Social media – making fake profiles to create so much confusion of coalition position, trying to worsen polarization they started in the country and attacking groups of people to divide Gambians, which is odd because Yahya Jammeh and his regime unanimously accepted defeat.  It is now an undeniable fact that they created a fake profile of President elect and another fake profile to stir tribalism sentiments. It’s just baffling that people whom have such an uneven record of throwing empty expressions and a knack for disastrous decision-making could, ascend to such political heights today and be regarded so highly at a national stage as the good guys. But, they are busy foot chasing every statement on social media with their snap shot camera, ready to cut and paste “anything” to make a point about tribalism, Instead of working together on ideas to build our country.

 

Worst still, his men continue indulging political brinkmanship in dangerous ways, instead of focusing to how they can best address society’s myriad problems their regime created. The fall of the dictator created a shocking resonance that immediately cuts of every scheme, poured cold water over large lumps of coal fire they ignite and put an end to all their shady business deals. The regime’s last holdouts die-hard miscreants have been blowing things out of proportions and throwing avalanche of tribalism statements on social media to distract people. The same pictures from fake profiles have been circulating around the web. Unfortunately, it’s working to distract Gambians. Conversely, what’s also worst is the people unknowingly helping these people spread their messages.

 

Chances are, Gambians should get used to encountering so many wired false accusations on social media on daily basis. It is sad that Cheerleaders for Dictator Jammeh’s imperial presidency are still seeking ways of preserving their own dictatorship ideological bubble. Yet in reality, their colleagues whom the dictator illegally detained are being released by the winds change effect. Conversely, what’s the worst thing they could do again apart from what they are known for twenty two years? The problem we have is —dictatorship ideology has locked many Gambians mind into a gated community. No one wants to think outside the box and we easily fall for any trap. The footprints are typical of Jammeh loyalist. Twenty two years it’s – “Coup”, ” tribalism “, “Mandinka” , “bad citizens diaspora ” and embarrassing our elders. Why are we surprised then if they repeat the same things?

The Gambia: What Next?

Fatu Camara
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By Sait Matty Jaw

 

Two days ago, I read an article from the Guardian Newspaper describing the electoral outcomes in Gambia and what lesson the continent, especially countries under dictatorship can learn from the Gambian experience. It was a well-written article with very important points. However, I could not stop staring at a line from the article that put into perspective “The Gambia is one of Africa’s smallest and least important countries”. I didn’t know if I should have been offended or that I should just accept the fact that we are indeed too tiny to matter in international or regional politics. I then tweeted the same line and the link to the article with a short response: “not to me as a Gambian”.

 

My response was more about boosting my ego than denying the fact that indeed Gambia is small and not really important. It is also evident that we are poor when it comes to resources and have been under a dictatorship for more than two decades. I refused to be offended and took that line for what it was — a challenge. It is not about been important in the eyes of the others but in our own ways as Gambians. And how we do this is very important. In fact, it is what counts for me.

 

We have decided. We have made history by democratically voting out a dictator who had sworn to rule for one billion years “if God willed it”. One, who has tortured, killed, maimed and overseen a very corrupt regime. A man who employed divide and rule tactics to grip onto power; gone against all that it takes being a Gambian — our socio-cultural diversity.

 

He, out of greed for power, declared Gambia an Islamic state pushing out Christian brothers as minorities in their homeland. All the evil things he did in the name of Gambians are for his own interests and not that of the ordinary Gambian.

 

On December 1st, we finally put an end to this brutality. But most importantly this very man conceded and respected the wishes of the people. I won’t be bothered to discuss why he conceded. I might do that in a subsequent blog.

 

For me, ending dictatorship and getting freedom is one thing. The other is what one does with that freedom.

 

I have read and even shared Umaru Fofana’s assessment of how Gambians made history. Fofana’s Facebook post was so heartwarming, it would make one think we have reached that period where we need to relax. I say to you and to every Gambian, that we are at a point where our country needs us more than ever before. We are at a point where anything we do can break us, or derail this historical moment and plunge us into an abyss we never intended to be.

 

We are on a transition and transitions are the most critical phase for peace, stability, socio-economic and political progress. If anything, by this election, we have shown the world how peaceful and stable Gambia is. Our stability and peaceful ways is not because we are scared of the armed military or the police that have been used to brutalize peaceful protesters, but because peace is our norm.

 

We have proved this to the colonialist when they came and divided us. We said: “yes, you can divide us between rural and urban, educated and not educated but you cannot divide us on the line of ethnicity or religion.”

 

If our ancestors could not accept that we will never allow anyone to put a knife between us. Where do we go now from here? This should be the question that every Gambian should be asking.

 

I have already seen many people on social media suggesting to the transitional government what should be done. Some of us want vengeance, others justice and others advise that we heal the wounds of the nation by having a truth and reconciliation commission. I am part of those that prefer a truth and reconciliation commission (TRC) immediately power is transferred.

 

Jammeh’s divisionary attempts have a dire impact in our country. Today, our country is way more divided than ever before. People are angry and want vengeance. Some want justice.

 

Myself, I want some sort of justice for the fact that my right was violated. Thousands of Gambians want the same thins. But what this provides us, if at all we pursue it, at this critical juncture, would be to not only derail our progress as a nation, but possibly put it at risk. I am not in for risking anything. For 51 years we have been struggling to survive economically and politically.

 

Now that we have the chance we should be very careful not to abuse or make the wrong impression. We must be united indeed in word and action; we must give utmost support to the current transition government. This coming three years will be the hardest period that our country will ever go through. It is the most decisive period. I know some people are too close to US politics and other politics that they will start counting the first hundred days etc.

 

Our case is different and as such must be treated that way. We have a state that was virtually collapsing. It means right now this new transitional government will be starting afresh. They will not only inherit a divided nation but a poor and highly indebted nation with very limited resources. We must be patient and supportive.

The challenges that the transitional government will face is written all over the walls. But the biggest challenge that all other challenges are connected to is how to unite a divided population.

 

The new government need to realise that they are a government for every Gambian whether they voted for them or not. I will suggest at this point like many have said before me the need to institute a Truth and Reconciliation Commission. This will help address the anger, the quest for vengeance or even the witch-hunting. We must heal the wounds. We must have conversations. Some victims want justice and some people want to know what happened to their family members that have been abducted. I know this is one primary task you promised to engage in during the campaign.

 

It was made clear by the President-elect Barrow that this coalition transition government is not out to witch-hunt anyone. It was also very clear in the manifesto that TRC is a priority for the government to address the anger and heal the wounds that the APRC regime inflicted on many Gambians. This should be the bottom line. It should be the foundation of New Gambia. Without such, it will be practically impossible for the government to do anything moving on.

 

For Gambians we are blessed. No matter how tiny and less important in international politics we are, we have shown the world that our nation is important to us. We have stamped our mark in African politics like we did years after independence. Gambia is back. Yes, we are back. And what we make of this should matter to each one of us. We yearned for freedom for two decades and now we have it. Let us be careful before our people start asking “when is freedom going to end”.

 

This was a common thing to ask few years after independence. Let us not abuse the freedom we have. Let us respect and put the human rights of the individuals first. We have a nation to build and the work must start now. It must start from us individually. It must start with attitudinal change.

 

I will end by saying: “Never again shall we live under dictatorship.” The dice has been rolled and it is up to us to count our steps to a brighter and beautiful Gambia.

Ousainou Darboe & Co freed

Fatu Camara
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By Alhagie Jobe

Gambia’s opposition United Democratic Party (UDP) leader Ousainou Darboe and eighteen other party members including the entire executive who were jailed for three years have finally been freed on Monday, December 5th, 2016.

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The Gambia Court of Appeal granted the unconditional bail to Mr Darboe while the other nineteen other co-accused were granted light conditional bail of only relinquishing their National ID Card or Passport and a Gambian national to act as a surety.

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The others are Kemeseng Jammeh, Femi Peters, Lamin Dibba, Lamin Jatta, Babucarr Camara, Fakebba Colley, Ismaila Ceesay, Momodou Fatty, Dodou Ceesay, Samba Kinteh, Mamudu Manneh, Nfamara Kuyateh, Fanta Darboe, Lamin Njie, Juguna Suso, Momodou LK Sanneh, Yaya Jammeh and Masanneh Lalo Jawla.

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Mr Darboe and Co where on July 21st, 2016, convicted and sentenced to serve 3 years in prison consecutively by Nigerian machinery judge Justice Eunice O Dada.

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They were all charged with seven counts of unlawful assembly, riot, incitement of violence, riotously interfering with traffic, holding a procession without a license, disobeying an order to disperse from an unlawful procession and conspiracy.

 

After been freed on Monday, Mr Darboe and Co were escorted back to the Mile II prisons for administrative paper works and then finally released to reunite with their families.

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Thousands of people lined up the streets from Denton Bridge to West Field to welcome Mr Darboe and Co. He was accorded a special welcome with a full convoy to his home.

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Case

It could be recalled that Mr Darboe and Co were arrested on April 16th after staging a peaceful protest demanding the release, dead or alive of the party youth leader Solo Sandeng.

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Solo Sandeng was arrested in an earlier April 14 protest for demanding electoral reforms. He was allegedly tortured and died under state custody.

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Mr Darboe and Co have since been charged, denied bail and remanded in the state central prison of Mile II. The international community had denounced the action of the government and called for their immediate release and for the government to launch and immediate investigation into the death of Solo Sandeng.

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After for long been mute over the dead of Mr Sandeng in state custody, President Jammeh in an interview with the French Magazine Jeune Afrique in May 2016 confirmed the death of Mr Sandeng and rubbished the call for investigation.

 

Again, the state prosecutors also admitted in court on Thursday, June 16th that Ebrima Solo Sandeg ‘indeed’ died in state custody. The confirmation was contained in a reply by the State’s Director of Public Prosecution SH Barkun to a Habeas Corpus filed on behalf of the late Sandeng at the High Court for the Gambia government to produce him dead or alive.

 

During the three month trial, the accused persons where been represented by a team of defense lawyers led by Senior Counsel A.A.B. Gaye and included A.N Bensouda, Hawa Sisay-Sabally, SM Tambadou, B.S. Touray, OMM Njie, Mary A. Samba, Rachel Y. Mendy, Neneh Cham, Musa Bachilly, Abdoulie Sissoho, Yasin Senghore, Hajum Gaye, M. Touray, Sagar Jahateh, and Dayoh Small.

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