The Gambian authorities have made good their promise to ban the importation, manufacture and use of all plastic bags (without any exception) with effect from 1st July. Of course it has been generally agreed that plastic bags are a big environmental hazard, especially in Africa where people do not seem to have the attitude of throwing rubbish into rubbish bins, apparently because in most places, the bins are not even available. However, implementing such a measure like the ban on the use of plastic bags required a thorough study and implementation in phases rather than an abrupt stop like what seems to have happened in the Gambia. It certainly makes no economic sense to impose a complete ban on the use of plastics without enough public sensitization as well as thinking about an alternative.
While it would not be quite difficult to replace plastic bags used for shopping with paper bags, but there are certain trades such as water bottling and the sale of chilled food items that cannot be replaced by ordinary paper. Therefore, the authorities at the National Environmental Agency should have thoroughly studied all the possible negative impact as well as the implications the imposition of the ban would have had on both the society and the economy before implementing it. It is just not enough for them to rely on the power and authority given to them by law to carry out such a measure without considering those negative implications.
One can imagine the chaos the ban has caused in the society, particularly amongst the petty traders and those in the informal sector, many of whom rely on plastic products to carry out their businesses. It is therefore not a surprise that certain businesses have come to a complete halt, apparently because they have not yet had any alternative to the use of plastic products to carry out their business. It is a similar situation with the manufacturers and importers of plastic products, some of whom have been compelled to lay off their employees, thus causing a serious negative impact on the economy as well as a surge in the level of unemployment.
Indeed, this is even very likely to cause an exodus in the few foreign investors still left in the country as well as discourage those with plans to invest in the country. There is for instance this case of a foreign investor who has just established a water bottling plant somewhere up-country which was scheduled to start operations before the end of July, but suddenly, with the ban on the use of plastic bags, the gentleman is confused as he has no idea what alternative he should use to bottle the water. One can therefore imagine the frustration he is presently going through after investing his money in the business. It is a similar scenario with the many water bottling plants dotted all over the country.
One would therefore wonder whether the NEA or whoever was responsible for such a drastic action ever considered such negative implications on the economy and the society at large.
While Senegal is also in the process of enacting a similar law, but in their own case, they have assigned the experts to thoroughly study the implications on both the economy and the society and come up with suitable alternatives. In their own case also, they do not intend to impose a complete ban at once but in different stages while they search for suitable alternatives to the various types of plastic products in use.
Therefore, considering that the Gambia is almost completely surrounded by Senegal and Senegal is yet to impose a ban, one would wonder whether the NEA officials ever thought of the possibility of the wind blowing plastic bags across the border from Senegal and thus negate virtually all their efforts in cleansing the country of plastic bags.
It is a well known fact that plastic is much cheaper than paper and the fact that the Gambia does not have paper production facilities means importing large quantities of paper to meet the needs of the shoppers as well as those who utilize the product. Can anyone the import bill being able to accommodate such an increase? Let us hope that the economists considered all that and advised the authorities accordingly.
One can also wonder how many of the petty traders who used to sell their wares in plastic bags can now afford the paper bags. Therefore, what is likely to happen is that people who used to sell food items, for instance, in plastic bags would tend to resort to using unhygienic materials to wrap the food, thus exposing their clients to health hazards.
It is therefore extremely important that our political leaders always carefully consider the implications of all their actions and consult with the people at every level rather than relying on their power and authority to make certain decisions.
The Gambia: Death Penalty amendment, Sharia Law and the dangerous descent into lawlessness
It almost seems surreal; like the incantation of a funereal ballad of horror which shows Gambia slowly morph as the Third Reich reborn; methodically transformed into an archetypical anarchist society. The Constitutional parameters, which limit and inhibit the excesses of state power in the Gambia, have crumbled and dissolved into nothingness. The Gambia’s Constitution, a revered social and political organizing document, has, long ago lost its force of law, the victim of Yahya Jammeh’s systemic subversion and determination to decree who lives and dies in the Gambia. Yahya Jammeh has already usurped the authority of the judiciary to determine the legal fate of Gambians, but to insert an additional death penalty language into the Constitution, will essentially legalize the indiscriminate and needless killing of more Gambians, for trivial offenses.
For the second time in five years, Yahya Jammeh’s fixation with amending the Death Penalty Article looks suspicious, apart from the military regime’s total lack of legal justification. The Death Penalty Article itself has a storied history. The 1970 Republican Constitution permitted its legal basis for the felony crimes of murder and treason, but, in 1993, former president, Sir Dawda Jawara’s government amended the Constitution and abolished the death penalty. In 1995, however, the new military regime repealed the Constitution and re-instated the Death Penalty language abolished in 1992. By 2010, Yahya Jammeh’s lust for blood combined with an overarching necessity to conceal his criminal drug connections to South American drug lords, ordered former Justice Minister and Attorney General, Edward Gomez, to introduce a Constitutional amendment in the National Assembly, which added drug possession and sale as death penalty eligible crimes. This addition to the death penalty crimes was, however, severely constrained by Section 18 (2) of the 1997 Constitution, and in 2011, was subsequently repealed in short order, without much fanfare. But a year later, in the summer of 2012, Yahya Jammeh ordered the mass summary executions of between nine and twenty-six Mile 2 Prison inmates, even before the legal appeals of some were exhausted. Today, two and half years after the executions heard around the world, Yahya Jammeh again intends to amend the Gambian Constitution in order to broaden the Gambia’s death penalty eligible crimes.
By now it has become all too apparent that Yahya Jammeh is not driven by the same emotional forces that haunt the conscience and compel the mind to steer towards compassion and altruism. In a rather comical statement that reveals the sheer absurdity of the idea and deviousness of the Constitutional amendment proposal, the motion to amend reads like a scary line from an R. R Tolkien novel: “the amendment seeks to amend the 1997 Constitution of The Gambia to provide for the application of the death penalty in circumstances other than where there is actual violence or administration of toxic substance resulting in death.” What Yahya Jammeh wants in this ridiculous amendment motion is additional death penalty eligible crimes, which will evidently open the Gambia to the characteristic brutality of Yahya Jammeh, whose sole purpose is plant more fear and foil citizen verbalization of their grievances. One of the inherent dangers posed by this amendment is, give Yahya Jammeh, through his poppet judges, extraordinary latitude to adjudge who lives and dies. Without sounding cynical, the politicization of the judiciary will fulfill one of Yahya Jammeh’s objectives of establishing Sharia Law in Gambia. For Yahya Jammeh, the expansion of the death penalty eligible crimes will serve three purposes; satisfy the human sacrifice needs of his oracles, eliminate his real and imagined political opponents, and attract financial support from wealthy Sharia Law compliant Middle East countries. Several years ago, the blow-back from Yahya Jammeh’s dabbling with the idea of introducing Sharia Law, was spontaneous and intense, leading to the demise of that idea. Besides, adding more crimes to the death penalty qualified roster, runs counter to the African Union’s intent of completely abolishing the death penalty in member countries. As late as April, 2015, in its 56th ordinary session, the African Commission on Human and Peoples Rights (ACHPR), put the abolition of the death penalty at the heart of its debates, and adopted a draft regional treaty to help African Union member states move away from capital punishment. An official panel discussion on capital punishment in Africa took place at the ACHPR session on April 2015. For the AU, its time to close this chapter of Africa’s political barbarism, even as Gambia broadens it.
In the 2010 Death Penalty Constitutional amendment, what most stood out as a signpost of hope became a poignant reminder of the cruel underpinnings surrounding the very concept of expanding the death penalty crimes. Then Attorney General and Justice Minister, Edu Gomez, unwittingly admitted to the international community of the ‘draconian’ nature of the amendment, which made drug possession and sale, death penalty eligible. The contradiction between legality and draconian, was a compelling enough admission to an esoteric intent, apart from providing grounds for its repeal. The issue, then as now, remains challenging why Yahya Jammeh is sickeningly bent on making state-sanctioned killings easier; not harder. With the mass Mile Two Prison executions seared in Gambians’ collective memory, the lingering question then is whether the Gambia’s rubber stamp National Assembly will have the audacity, fortitude and sagacity to withstand the bruising test to Yahya Jammeh’s spiteful retribution. There is no historical evidence to support the independence of the National Assembly; on the contrary, digression from Yahya Jammeh’s goals has led to the expulsion of the entire retinue of AFPRC National Assembly representatives, back in 2006.
Even without making it official, Gambians live under a constant state of martial law, and the creeping lawlessness of amending the Death Penalty, will further aggravate the dominance of the regime over the people, rather than the other way around. The bottom-line is this; the National Assembly has completely surrendered to Yahya Jammeh’s comedic and Messianic pretentions, and latched onto his every command as a divine order. The way in which the National Assembly has, over the last two decades, deferred to Yahya Jammeh’s arrogance and alienated the Gambian population, violates their solemn contract with the electorate, and National Assembly members need reminding that the arm of justice is long. As we go to press, Yahya Jammeh deception has again come center-stage, as he supposedly pardons some Mile Two prisoners. Lama Jallow whose name was read on national television as pardoned, died last week, in that death trap called Mile 2 Prison, according to his friend. This brings the death toll at Mile 2 Prison to nearly five hundred, and still Yahya Jammeh wants more incarcerations, not less. I have no plea, or advice for the National Assembly. Their choice is between doing what is right for Gambia and what is right by Yahya Jammeh. Thats the bottom-line. End of story.