Acting on the powers vested in him by the Gambian Constitution, H. E. Adama Barrow has appointed veteran Gambian journalist and publisher of the American-based online journal, The Gambia Echo newspaper, Mr. Ebrima G. Sankareh as Government Spokesman with effect from 5th June, 2018.

In his capacity as Spokesperson, Mr Sankareh will be responsible for the implementation of public and media relation programmes for the government. Mr Sankareh shall also be responsible for implementing government’s communication policies and strategies and shall in collaboration with other Ministries ensure adequate coverage and exposure of the government and its policies to the people of The Gambia in line with the constitution and the aspiration of the National Development Plan.

STATE HOUSE, BANJUL, 29^THJUNE 2018 –His Excellency, President Adama Barrow has commissioned with immediate effect a Presidential Inquiry to independently look into the circumstances that led to the death of civilians in Faraba Bantang. The membership consists of the following:

1. Emmanuel Joof, a renown human rights Lawyer as the Chairperson
2. A representative of the Ministry of Justice
3. A representative of the Gambia Bar Association
4. A representative of the Gambia Armed Forces
5. A representative of the of the State Intelligence Services
6. A Representative of Civil society from the Association of Non-Governmental Organizations – TANGO

Taking into account the need for a speedy dispensation of justice and accountability, the Committee starts work with immediate effect and has a duration of one month to submit a comprehensive report to His Excellency, the President of the Republic.

The Inquiry has been mandated to:

1. Investigate the circumstances leading to the standoff between the villagers of Faraba Bantang and the Police Intervention Unit
2. Investigate the circumstances that led to the injuries and fatalities in Faraba Bantang and identify the those responsible for the deaths, including those who may have ordered the firings and those who fired the shots
3. Recommend measures to prevent a recurrence of the circumstances that led to the stand-off in Faraba Bantang
4. Recommend measures to prevent an occurrence of the incident in Faraba Bantang and other parts of the country

Additionally, the President has given approval for the appointment of a Coroner to investigate the cause of the deaths as per the Coroners Act, Cap 7.04, Vol. 2 Laws of The Gambia. The Coroner will work with a pathologist to establish the facts before the corpses are released to their families.

“Our opinion, from the very beginning, was that neither the commission of inquiry nor the coroner’s inquest was necessary. Our position was that the facts of the bloody massacres of April 10 and 11, 2000 spoke clearly for themselves. Our position was that the setting up of the commission and coroner’s inquest was simply a ploy by the government to diffuse tension and buy time. Our position was that nothing would come out of it. Now, we have been proven right.”

These views were expressed in the pages of the Independent Newspaper in January 2001, in the immediate aftermath of the Jammeh regime’s rejection of the reports emanating from the coroner’s inquest and commission of inquiry into the April 10 and 11, 2000 Massacre.  I could not agree more with these sentiments in 2001 and in 2018.  In fact, I borrowed the title of this article from the aforementioned Independent Newspaper piece.

It took us almost 18 years to finally lay our hands on the full commission of inquiry report.  In the end though, it only confirmed for us what we suspected all along.  The commission deliberately decided that it was not interested in finding out the truth about who gave the orders to murder our children.  Instead, the commission prioritized vandalism over coldblooded murder; it was more important to the commission to assess damages to Gamtel installations than to inquire into the pain and suffering of families that lost loved ones on those fateful days or hold accountable the perpetrators of this heinous act.  You will not find in the commission report findings on parents being asked about their maimed or murdered children, their hopes and dreams for these children, or their plans to give livelong medical care to their children who suffered both physical and mental injuries.

But no matter how much the commission tried to bury the truth, the report still contains information that any serious government can use to successfully prosecute the perpetrators of the heinous acts of April 10 and 11, 2000 and adequately compensate these victims of the Jammeh regime.  In other words, we do not need another commission of inquiry in 2018 to deal with the April 10 and 11, 2000 massacre, just like we did not need it in 2000.

The 2000 Commission used the same ‘Never Again’ mantra currently espoused by the Barrow government to justify the commission’s existence.  It was a stated objective of the 2000 Commission to “make recommendation as to how a recurrence” of the events of April 10 and 11, 2000 can be avoided.  Clearly, the Commission failed in achieving that goal.  Not only did it fail to make recommendations aimed at preventing another massacre, it deliberately avoided getting to the truth of what actually happened.  The Commission decided to sidestep the most important tool for deterring crime: Accountability.

Societies cannot prevent criminal behavior like the coldblooded murder of students by just setting up a commission of inquiry to learn about how the murder occurred and writing reports on the findings of the inquiry.  That is a mockery to our system of justice that is designed to ensure that perpetrators of crimes are investigated, prosecuted, and punished for their crimes.  This is the justice that victims of crimes deserve from their governments.  Lest I be misunderstood, justice does not equal retribution per se.  Dispensing justice on criminals entails upholding the law to hold criminals accountable for their crimes.  In other words, it is unjust and counterproductive to wait until after a crime has been committed to then change the law to avoid holding criminals accountable.  That encourages people to commit crimes: the exact opposite of what the ‘Never Again’ mantra is trying to achieve.

What the April 10 and 11, 2000 victims need from the Barrow administration is not another inquiry; but for the government to act on the findings of the 2000 Commission’s report, which was released by the April10/11 Memorial Foundation and TANGO on the 18^th Anniversary of the massacre.  As mentioned earlier, the Commission tried very hard to bury the truth and ended up making recommendations that had little or no correlation to what happened on April 10 and 11, 2000.  But there is enough in the report that this government can use to show Gambians that it is serious about its ‘Never Again’ slogan.

For instance, if one studies the report, one cannot miss the fact that a dysfunctional security apparatus was responsible for the massacre.  It was not caused by unruly kids, who were not properly brought up by their parents.  But the 2000 Commission decided to place blame on grieving parents, rather than holding the real culprits accountable and ergo avoiding future massacres.

The breakdown of law and order on April 10 and 11, 2000 started from the top, i.e. from the president, his vice president, interior secretary, inspector general of police, down through the entire chain of command of the PIU to the trigger-happy security forces who shot the children.  It was established at the Commission that the PIU was, and is still, ill-prepared to deal with citizens exercising their constitutional rights to take to the streets to manifest their grievances against government wrongdoing.  Mind you, I wrote the above observations about the security situation in the country before the fateful events at Faraba, where the PIU again opened fire on unarmed Gambians exercising their constitutional rights and killing and injuring several.  This just goes to show that there is a lot this government could and should have done to avoid another massacre of innocent Gambians.  The authorities need to step up and accept responsibility up to the highest levels of this government.

The biggest blunder that was committed on April 10 and 11, 2000, was to arm the PIU with live ammunition and order them to “disperse the students forcibly.”  According to the Interior Secretary, the order came from above him and he could not reverse the order.  There is no doubt in Gambians’ minds who gave the order.  That order is the direct cause of the massacre, because all the fatal injuries were caused by gunshot wounds.

Now, to ask Gambians to disregard these clear-cut facts and deny the victims justice (namely, citizens’ expectation that the government will uphold the law by prosecuting and punishing those responsible for the crime), requires a compelling case from the Barrow administration showing that punishing criminals will lead to more massacres or letting criminals go scot free will deter those criminals and others from committing future crimes.  It will be a feat if the government can pull it off, because neither logic nor empirical evidence supports that notion.  It is absurd and wishful thinking to cling to the notion that letting murderers go free will deter crime.  The onus is on this government that wants to subvert our criminal justice system in favor of a nebulous commission of inquiry to convince Gambians that it is better for the society to let bygones be bygones.

The government did a good job of consulting Gambians as it made its preparations for the next commission of inquiry looking into the atrocities of the Jammeh regime.  I still do not believe that one is needed for the April 10 and 11, 2000 atrocities.  If we were dealing with a polarized society where, God forbid, neighbor was brutalizing neighbor on the basis of tribal, religious, or political affiliation, then one can understand subverting our criminal justice system in order to reconcile the society.  April 10 and 11, 2000 was not that kind of a scenario.  As shown by the poorly prepared 2000 Commission report, there are few Gambians responsible for the massacre.  The victims came from a cross-section of Gambian society and were not targeted on the basis of tribe, religion, caste, or politics.  They were gunned down simply because they dared to come out to protest on behalf of fellow students who were raped and murdered.  It is heart-wrenching that to this day these victims have been denied the justice they deserve.  One can understand the former government deciding to subvert our laws in order to absolve themselves of responsibility for this heinous crime.  But it is mindboggling why the current government will want to follow the same route and open itself to criticism that it is putting political expediency above victims’ rights.

My sincere advice to this government vis-a-vis the upcoming Commission is for the government to stay true to what it promised Gambians, namely that the Commission will be victim centric.  In order for the government to be taken seriously, there are certain actions it needs to take beyond just adopting lofty slogans.  First, the government should set up a fund derived mainly from the money Jammeh and his cohorts looted from the Gambian people, primarily to compensate victims; and not to pay huge salaries to investigators and commissioners or rent expensive premises to hold hearings.  Once the Commission is set up, priority should be given to the victims to come in and testify.  If the Commission works effectively with the Victims Center, which has already registered more than 1000 victims of Jammeh’s atrocities, this initial phase of the Commission’s work would move swiftly.  Again, priority should not be given to criminals to come in and continue lying to the Gambian people in order to salvage their images.  The purpose of these hearings is to assess the amount of reparation to be awarded to the victims.  This should require minimal investigation; and in the case of the April 10 and 11, 2000 victims, the facts speak for themselves, as stated by the Independent Newspaper in 2001.  We know the people who were shot and we should be in a position to easily assess the compensation due to them.  Let us find a mechanism to get them compensated without further delay.

Finally, the killers, including government officials who gave the orders to the PIU and created a conducive environment for the massacre to take place, need to be held accountable.  Accountability and reconciliation are not mutually exclusive.  Allowing impunity in our society will only lead us down the path to another April 10 and 11, 2000 style massacre as we just witnessed in Faraba.

Muhamad Sosseh, Esq.

Washington, DC

June 20, 2018

By, Gibril Saine

The principle of ‘separation of powers’ denotes division of political power of the state into three (3) distinct branches of government – legislature, executive and judiciary. Put simply, that means the splitting of government responsibilities into a power-sharing arrangement so that no one single branch may exercise total control. In the United States, it is a fundamental pillar of the democratic process in the operability of governance functions. The idea here is such that each one of the three arms of government has some measure of influence over the other two. A leverage, however imbalanced, is created thus a check & block on policy & executive conduct deem unlawful.

In the Gambia – the executive branch consists of the president, cabinet ministers, regional governors, the security apparatus of state & various bureaucracies attached to it. Although it proposes laws, the executive cannot make them. The law-making power of state is strictly reserved for parliament engaged in smart debate to amend, adopt or reject proposals all together. This shows the power of an ‘independent’ parliament, that each member of the legislative branch may initiate a ‘bill’ touching on every aspect of our lives, from taxation, trade, defence, policing, extractive industries, international agreements among others. The final bolt to the power triangle is the Judiciary, consisting of a supreme court being the highest court in the land. The function of the Judiciary is to interpret the law as stipulated in the constitution through wise judges, judgements & discretion. It may also act as a bridge between the legislature and executive branch to resolve disputes on contentions of the law – and to oversee trial in an impeachmentproceeding against a sitting president on charges of malpractice, incompetenceor abuse of political office – unchartered territory for Gambia, what a lesson to learn and discern:

The concept of checks and balances is a direct consequence of separation of powers. In other words, it is two sides of the same coin, hence one cannot stand without the other, or democracy may falter. It is a distinguished feature of prosperous democracies around the world, and a yardstick upon which good governance indicators are measured. For Gambia to be classed a true democracy, each of the three organs of government must exercise oversight on the actions of the other two. Such overlapping of power is what is referred to as checks and balances – enhancing transparency & leverage within the system.

In British politics, parliamentary systemof democracy resides designed on ‘fusion of powers’ typology premised on collective responsibility. To young students out there, that means members of cabinet (ministers) also sit in parliament to debate and defend government position on issues; introduce new ‘bills’, that cabinet ministers are expected to agree on policy decisions, ‘bite-your-tongue’ or resign. And resign they do from time to time, on principle or ethical grounds. The case of former foreign minister, Robin Cook, came to mind who resigned refusing to agree on the Blair government’s stance on the Iraq war. How rightful he really was! And what a credible man indeed he was – a principled man indeed.

Appearing on #FatuRadioNetwork, the leader of opposition GDC political party, honourable Mama Kandeh, spoke on the state-of-affairs thus far, under president Adama Barrow. The man does care for Gambia, a skilful politician, charitable towards the poor. Previous differences and concern about ‘Kandeh’ are long gone, for he has demonstrated competence. One thing for sure, a supposedly ‘president Kandeh’ will not devise a youth movement, for Gambia already boasts the ‘national youth council’. He wife won’t start a foundation, for Kandeh likes to move around listen to the needs & concerns of ordinary Gambians. He will not open ‘investment desk’ at State House – but let GIEPAfulfil its remit.

The GDC leaderhad intimated that ‘convicts ought not allow to serve in government’, as scribed in the law-book. I think all conscious-driven Gambians agree to that, calling on the ad hoc panel on constitutional reform to reflect such good texts in the draft. Despite cynicism, one was still taken-aback certain people found time to question Kandeh’s benevolence as ‘politicking’. That is the sad part of the era, I guess, when one won’t even acknowledge tremendous effort just because the adversarial camp sports a different ‘team’?! To be fair, the GDC party leader has the right to step on every inch of Gambian soil fraternise with the people. Although the tradition of democracy is such that one-government-at-a-time, Kandeh was fulfilling the role expected of an opposition – we should encourage more of that, not less!

Still on governmental setup & powerplay, president Barrow is empowered to negotiate treaties, though parliament must approve them before befit binding. He is the commander-in-chief of the armed forces but cannot declare war or take Gambia into conflict without parliamentary approval. The Gambia government is a creation of the people, by and for the people, thus presidential power ought to be in check, watched under permanent scrutiny. That is the sort of democracy under mould by a rising intelligentsia designed under utilitarianism ideology & win-win values.

As a matter of urgency – one urges parliament to summon finance minister ‘Sanneh’ to provide explanation on the ‘excitable’ €1.4 billion donor pledge. It is incumbent upon government to explain terms and conditions on loans/grants pledges pertaining to national debt burden. Foreign minister Darboe ought to be summoned on open borders with Senegal & visa-free arrangements for certain countries without seeking parliamentary approval. The Interior minister must be sanctioned from hiding present a crime report to parliament. And the president himself to be held accountable for failures across government. That is the nature of their job ladies & gentlemen – so parliament do your job!!!

Pleased to report one has been consistent from start articulating the Gambia case & story. Profound gratitude to those exemplary civil servants as teachers & nurses; farming communities, ‘women Kaafoos’ and ordinary folks serving ‘national interest’. We are proud of you all, for a sunny day & style of leadership is on the horizon. It is outrageous that importers keep inflating prices for quick profits at the detriment of every-day consumers. Tell me, why should a bag of rice cost more than D500 if honesty is practiced at the marketplace?!  Have you ever stopped to ask why a bag of rice is cheaper in Europe than in the Gambia? The politicians won’t tell you simple TRUTHS, just because … this nonsense will soon be corrected and compensated ‘In Sha Allah’.

My fellow Gambians – there is more to life than money or government job. I urge civil servants to report instances of corruption from the office of the president all the way down to the highwayman at the border-post in ‘Karaang’. Because, if the ‘Singapore’city-state dictum is to materialise, for a transparent, democratic & prosperous Gambia we all desire, the Barrow-government better execute ‘smart power’ in the implementation of its signature ‘national development plan’ – as crime & poverty numbers accelerate for a frustrated public left asking questions.

Alagi Yorro Jallow

There comes a time when the rhetoric must stop and the need for work becomes apparent. It becomes crucial for executive probity and nationhood to fight corruption, police brutality, governing by bestiality, and mistreatment of Gambians in a democratic society.

For nearly two years, President Barrow shouted his ‘tigritude’ from the rooftops. However, it is now time to pounce¾not least because legacy hinges on it, but because it is the only decent response to fighting corruption, insecurity, youth unemployment, bureaucratic incompetence, and economic paralysis—the pillars of President Barrow’s regime. Today, the country cries out for action, seeking practical measures to guarantee economic and social policies that are responsive to people’s needs and aspirations, that aim at eradicating poverty, and citizens become commanders of their own destiny.

After almost two years, half-measures are harming the country and tormenting poor and middle-class Gambians. Among other challenges, President Barrow creates projects the image of merely a reluctant leader, one who enjoys the trappings of office, but is not ready to do the work necessary to be there.

Instead of providing leadership, President Adama Barrow and his lieutenants¾the Vice President, Cabinet staff, and some National Assembly members—have adopted a default campaign mode of regaling the public with tales of largesse to come.

There is much being written about the silence from most members of the government to this latest outrage, widespread corruption, communal violence, “biological annihilation” of the environment and human rights violations. Indeed, there is an outrage encompassing the others; there, in black and white, there is an outline of a monarchy, not a republic. However, my inner compass suggests that, while we have not seen a backlash from President’s government, this is going too far, far too far, for most Gambians. And that pressure cannot be checked forever, at the ballot box or in the streets.

The Gambia is a nation of laws, not of kings. Our stated creed is that we are all equal before the law¾all of us. Of course, we fall far short of that ideal in many ways. It is usually the poor, the marginalized, and dispossessed who suffer the greatest injustices. Nevertheless, even the most cynical of plutocrats in our nation’s history have at least largely paid lip service to this ideal.

President Barrow’s legal rationalizations are chilling. Frankly, one might go so far as to say they are un-Gambian. These rationalizations communicate a complete disconnect from our constitutional government and, thus, are themselves an act of betrayal.

Gambians have acknowledged that it has been a challenging time for many leaders around the world, resulting from global economic upheavals and corruption wreaking havoc worldwide. However, Gambians reject President Barrow’s inaction and negligence with which his government has responded to corruption allegations. We need not recount the numerous losses incurred by government and businesses, in addition to the opportunities wasted for thousands of Gambians due to political patronage and executive myopia. Worse, it appears that President Barrow is held captive by forces from which he cannot disentangle himself. He swore to promote the national good. However, what holds him hostage and prevents him from fighting corruption within his administration?

Most Gambians are of the view that three or five years is too long to live on hopes and promises to finally fix the fundamentals of statehood. Why is President Barrow not committed to fighting corruption and political racketeering in his government? Nothing has come of President Barrow’s extraordinary Executive Order issued last year for all cabinet ministers to declare their assets and liabilities, including himself. Further, not a single Gambians has access to that information, which remains sealed at the Ombudsman office. President Barrow always makes promises that he cannot keep.

Karl Kraus, writer, essayist and satirist, publicly denounced the act of official corruption; he reviled its actions and symptoms as of the main causes of moral and political bankruptcy. Karl Kraus also decried corruption at any level with savage indignation, an intensity of irony and paradox, that “Corruption is worse than prostitution. The latter might endanger the morals of an individual; the former invariably endangers the morals of the entire country.” Corruption is at the root of slavery, unemployment, and disregard for nature and the common good. Pope Francis said, “Say NO to Corruption.” The pope said, “Corruption is a process of death that feeds the culture of death,” adding that, “the thirst for power and possessions knows no limits.”

The key to fighting corruption is not to remain silent because doing so only strengthens criminal organizations; instead, it must be contrasted with justice and beauty, the Pope stated, adding, “Corruption is not countered with silence.” President Barrow must speak about it, denounce its evils, and try to understand it, to show his government’s resolve to fight the evil of corruption.

This theory of the President being a lame duck without the ability to crack down on corruption within his government is a myth. The argument about letting “institutions do their work” is only valid as far as legal arguments go.  President Adama Barrow has constitutional and enormous residual powers as President to act on corruption and racketeering. Further, President Barrow has always had his way as he so chooses; Adama Barrow has always had his way. He sometimes forced his way. When sworn in as president, Barrow selected and replaced the top army, intelligence, and police command, at his pleasure, with complete authority of the law at the first instance. He has had all his cabinet appointments, civil service, board members, directors of parastatals, and top diplomatic positions¾including incompetent ones¾under his authority.

President Barrow, on many occasions, has dictated the legislative agenda and other public policy issues from State House. Under this government, activists and protesters who occasionally bruise the overinflated egos of government officers can be held for days in police custody without bail.

The imagination that President Barrow is not powerful under the constitution is futile. The President is the commander in chief of all the armed forces. The laws governing the police remain unchanged and now he has an Inspector General serving at his pleasure. His constitutional powers include appointing whoever’s name is submitted to him to be appointed as the Director of Public Prosecutions, a key office in the process of criminal punishment. Adam Barrow has a bird’s eye view over Gambia.

President Adama Barrow is the exclusive receiver of daily-classified intelligence from the State Intelligence Service. President Barrow knows who is doing what, when they do it, and where. If he had a reason to seek out such information, he would know where any Gambian slept yesterday. He can hire and fire Cabinet ministers at his pleasure. His soft and political power is enormous. He is a scion of lawyer Ousainou Darboe, leader of the United Democratic Party and influential foreign minister in the Tactical Alliance government, a cunning political operative who massively campaigned for a strong majority in the National Assembly and in the local government elections.

President Adama Barrow promised something better on the campaign trail. Amidst the tribalism, dog whistles, and the crude rhetoric was a promise that he would be a pragmatic politician looking out for regular people. What we have now, however, is a man who would be king. Further, the institutions of our government, our courts, our system of states, our free press, and our voters, are not going to abide by it. Gambians feared such a man; they knew the tyranny of the dictator and chose to rebel through the ballot box. These people set out to establish a democratic order, built to ensure another dictatorship would never happen on these shores.

These are the stakes, and the people sense there is much fight out there amongst a populace intent on making sure Gambia remains a nation of laws.

The question is this: why can the President not act on corruption and political racketeering? Why can he not apply the levers provided by the constitutional, political, and personal soft power to weed his government of these corrupt maniacs on steroids, irrespective of rank, who are busy stealing money from indigent farmers? Why do the citizens not target these corrupt men and women, regardless of their stature, and lock them up in Mile 2 Central Prison? Why do they not move them to solitary confinement at Jesuwang Prison and drive them overnight on the back of a Toyota Land Cruiser, only to charge them at the Kanifing Court to ensure they are remanded without bail for a few weeks just to prove a point? Gambians cannot sit back and cheer when the very pillar of nationhood threatens our very sustenance.

Inquiry, Officers’ Arrests Positive First Steps

The Gambian authorities should thoroughly investigate the alleged excessive use of force by police causing the deaths of two anti-sand mining demonstrators on June 18, 2018, Human Rights Watch and Amnesty International said today.

The Gambian government should accelerate the reforms needed to ensure that government security forces have the supervision, training, and equipment needed to police demonstrations in accordance with international human rights standards.

Witnesses said that police fired live ammunition at demonstrators in the village of Faraba Banta, killing local residents Bakary Kujabi and Ismaila Bah, and wounding at least six others. President Adama Barrow issued a news release the same day stating that he had opened an investigation and that all mining in the area had been suspended. The government also said that five police officers involved in the shooting were in police custody and will be suspended while investigations are conducted.

“The alleged excessive use of lethal force by the security forces has conjured up painful memories from Gambia’s recent past,” said Sabrina Mahtani, Amnesty International West Africa researcher.

“The government’s promise to investigate is a positive move. Gambians should be able to hold demonstrations safe from disproportionate and excessive use of force by the security forces.”

Members of Gambia’s Police Intervention Unit (PIU), a police paramilitary force, clashed with residents of Faraba Banta, 50 kilometers south of the capital, Banjul, after local residents blocked mining-related traffic.

A journalist who observed the protest told Human Rights Watch and Amnesty International, “As soon as [police reinforcements] came out of the vehicle they started firing live bullets. They did not issue a warning or alarm.” Another journalist in the village, Pa Bojang, said that police officers detained him for six hours, slapped him, and confiscated his voice recorder.

Witnesses told Human Rights Watch and Amnesty International that protesters threw stones and burned vehicles, injuring more than a dozen police officers. Gambia’s police chief, Landing Kinteh, said in a June 18 media statement that police leadership, “did not authorize the use of firearms” by police in responding to the protests.

Several protesters arrested on June 18, including those injured, remain in police custody, and face possible charges for destruction of property. Injured detainees should receive medical attention and a court should promptly review the necessity of their continued detention. Those responsible for destroying property or committing other offenses should be prosecuted in accordance with international fair trial standards.

A May 26 protest in Faraba Banta against sand mining, which provides sand for construction, had also led to clashes between local residents and police, with officers firing tear gas and rubber bullets to disperse at times violent demonstrators. Faraba Banta residents say that sand mining will damage the rice fields they rely on for food and income. The Police Intervention Unit had maintained a presence in the village following the May 26 clashes.

The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials state that the intentional lethal use of firearms by security forces “may only be made when strictly unavoidable in order to protect life.” Furthermore, “in the dispersal of violent assemblies, law enforcement officials may use firearms only when less dangerous means are not practicable and only to the minimum extent necessary.”

The Guidelines on Policing Assemblies in Africa, adopted by the African Commission on Human and Peoples’ Rights, state that, “firearms must never be used to disperse an assembly” and that intentional use of lethal force is prohibited “unless it is strictly unavoidable to protect life.” Where force is used, law enforcement officials must ensure that medical assistance is rendered to any injured person.

“Gambia’s Police Intervention Unit has a history of using excessive force against demonstrators, and escaped censure during former President Jammeh’s abusive rule,” said Jim Wormington, West Africa researcher at Human Rights Watch.

“The Gambian government needs to show that it can conduct credible investigations and appropriately discipline or prosecute those responsible for abuses.”

Source: Amnesty International

FOR IMMEDIATE RELEASE

The Gambia Center for Victims of Human Rights Violations, the Victims’ Center, wishes to extend its condolences to the families of the victims of the Faraba Banta incident who were shot, killed and injured by members of the Gambia Police Intervention Unit (PIU).

The Victims’ Center is alarmed by the fact that members of the PIU used excessive force when it opened fire on a group of demonstrators who were merely voicing their concerns over issues of interest to them. During the process many innocent civilians that were engaged in exercising their constitutional right of a peaceful demonstration were subject to grave acts of human rights violations by state actors working for and on behalf of The Gambia Government.

Through the actions of the PIU, the Government has clearly failed in its responsibility to protect its citizens who were at the time only exercising their civic rights. The Victims’ Center thereby calls on the Government to urgently fulfill its obligations and responsibility to respect and fulfill all human rights for all by ensuring speedy and impartial investigations into the actions by those involved in the shooting incident.

We call on the Government to take speedy action so that impunity is not the order of the day and ensure accountability and justice for all the victims.

The Government should provide reparations for the victims, including by ensuring that the injured receive urgent and appropriate medical attention.

While we recognize the role of the PIU and other arms of law enforcement to ensure law and order, the exercise of this duty must however be practiced alongside the principles of proportionality and necessity. The Victims’ Center urges the Government to arrange for tailored training, including on human rights for law enforcement officials, to ensure professionalism in the conduct of their policing duties.

We trust that the Government of The Gambia will uphold its obligations in protecting and promoting human rights and desist from engaging in acts that amount to human rights violations of its citizens.

GCVHRV

Open Letter to President Adama Barrow and All Gambians,

Dear Mr President and All Gambians,

We Demand Justice for the Faraba Banta Victims and More

We are outraged, and sick to the stomach to learn of the killings (2) and injuries (3) of protesters at Faraba Banta on June 18, 2018. What justification could there be to brutally shoot and kill protesters who were merely exercising their rights for the sake of humanity, in a manner that was not life-threatening? Who ordered the use of such lethal force and who fired the shots? We demand a swift resolution to this crisis. Those responsible, including those who ordered it must be quickly arrested and brought before the law with justice swiftly served.

We have suffered enough and are not prepared to see another Gambian blood spill over with total impunity.

Our thoughts and prayers are with the victims, their families and all of Faraba Banta at this sore time.

Sincerely,

Leadership Team of the New Gambia Movement.

UPDATE ON FARABA BANTA INCIDENT BY THE GAMBIA POLICE FORCE

The Office of the Inspector General of Police wishes to announce that following the 18 June 2018 incident in Faraba Banta that claimed the lives of two and injury to several others, the Gambia Police Force has launched an investigation into the circumstances that led to the unfortunate occurrence.

Preliminary findings indicate that Bakary Kujabi and Ismaila Bah lost their lives whilst six civilians and sixteen police officers sustained injuries. Two caterpillars and five trucks were vandalized and set on fire. The police guard post was burnt down and four compounds were set ablaze while three were vandalized.

Five Police Officers have been arrested and their services suspended while investigations are being carried out. The officers are two Field Commanders – Superintendent Baboucarr Cham and ASP Musa Fatty and three other ranks – Nuha Colley, Momodou S. Jallow and Musa Badjie.

Six civilians in the persons of Ousman Jassey, Sunkaru Jarju, Bakary Badjie, Salifu Darboe and Modou Kujabi were also arrested. Efforts are currently underway to grant them bail.

ASP Musa Fatty a young PIU officer and another officer are currently detained at the Serious Crime Unit of The Gambia Police Force for allegedly shooting at enviromental activists during a protest against a sand mining company in Faraba.

Their arrests came after the office of the inspector general of police issued a press statement stating that the office did not authorize the use of fire arms which led to the death of Bakary Kujabi and Ismaila Bah.

Musa Fatty is originally from Banjulnding but currently resides in Busumbala with his wife. He got married according to his friends shortly before Ramadan. Musa joined the Police in mid 2000 after he graduated from Saint Augustine’s High school.

It was during one of former President Jammeh’s countrywide tours that Jammeh spotted Musa and commended his role thereby instructing former IGP, Yankuba Sonko to promote him to the rank of Assistant Suprintendant of Police (ASP) with immediate effect, he was a junior officer then. He also served as ordely to former interior minister, Ousman Sonko.

ASP Fatty was trained in Turkey and Egypt. Upon return, he served as officer in charge of VIP protection at the police. He also escorded the April 14 protesters to Janjanbureh prison and is said to have treated them with utmost respect.

Shortly after Barrow became President, ASP Fatty became part of the first batch from the PIU that took over from the state guards. He was later removed because of ‘disgareements’ he had with Security personnel at the Presidency not The Gambian security officers.

The ASP was then moved back to The PIU headquarters in Kanifing as commander where he led many operations including The ‘Occupy Westfield’ the Kanilai protests and Farato. The Faraba incident though was led by one Suprintendant Cham and ASP Fatty and his men were called in for reinforcement after the PIU on the ground communicated that they were overpowered by the villagers of Faraba.

A security source told The Fatu Network that Musa is a very professional officer who is always on hand when situations occur.

‘ I doubt Musa will make sure a decision by himself, he will never shoot at innocent civilians without instructions’

‘They just want to sacrifice Musa, this is why they putting all the blame on him’ Another source said

The Fatu Network has also been informed that ASP Fatty’s pistol with live rounds has gone missing.

Meanwhile, one of the PIU officers at the scene yesterday is said to be in coma.

The Police Intervention Unit (PIU) have reportedly shot live bullets at peaceful demonstrators killing two activists leaving several others with serious injuries on Monday at Faraba Banta Village, Kombo East District.

According to sources the fracas emanated from Julakay Engineering Company that is currently engaged in sand mining operations though the villagers say they were not consulted and felt the operations will have serious impact on their environment.

Bakary Kujabi was reportedly shot on his chest and Ismaila Bah on his neck causing their instant death at the scene. The several injured include Francois Jammeh, Salifu Darboe, Jalang Darboe, Sainey Sonko, Dawda Daffeh, Pa Jammeh (shot on his leg), Buba Sanyang, Masanneh Njie, Sheriffo Touray and Amadou Jang Jawo who was shot on his buttocks is currently in critical condition. Many of them are admitted at the EFST Hospital in Banjul.

“We were not armed,” Mustapha Camara said.

The youth leader also an eyewitness told The Fatu Network that they were talking to the PIU officers posted at the village to ask the truck drivers to return the loaded sand until they received clearance from the National Assembly Select Committee that suspended mining operations at the place.

“While we were talking, two trucks of PIU officers came and fired two shots in the air….then started throwing tear gas…we picked it up and throw it back at them,” Mustapha said.

“They started firing rubber bullets before using live bullets killing our people,” he added.

“I was the first person who came to rescued Bakary Kujabi who was shot on his chest and the bullet passed through his back”

Mustapha explained that the seventeen (17) year old Bakary Kujabi was the only child of his mother.

“We want to know whether the IGP or President Barrow gave the order to fire live bullets at us,” Mustapha retorted.

Suwaibou Sanyang, another eyewitness told The Fatu Network that they heard the PIU officers saying aloud ‘Let us killed them’. He said they were using foul and abusive words.

The angry youths went after the alleged culprits dealing with Julakay Engineering Company. The Chief Bakary Sanyang of Kombo East was not spared, they brought the death bodies to his place and slapped him several times before fleeing away. The house and car belonging to Jung Conteh, former Chief was burnt likewise Jambawuntu Sanyang and Boyo Jarju. They all fled away with the Village Head, Nuha Kujabi, Bakary Saidy and Mamadi Saidy.

The villagers say one of the shooters of Bakary Kujabi was a PIU Officer and his name is Alieu Camara of Brikama New Town.

“I told him on his face that he has killed an innocent person”

The Police Spokesperson, Superintendent David Kujabi was contacted but said he is gathering information about the incident.

The person behind the Julakay Engineering Company is one Ansumana Marenah. He is from Badibu Suwareh Kunda, a close associate of the late Baba Jobe who introduced him to the former President Yahya Jammeh.

Mr Ansumana Marenah commonly known as ‘Julakay’ was a businessman and financiers of the former ruling APRC Party.

Meanwhile, Journalist Pa Modou Bojang, the presenter of Menbekering programme was reportedly arrested and detained at the Brikama Police Station.

Reports have it that yesterday, Monday 18 2018, two people were shot dead in Faraba Banta Village due to a scuffle between the Police Intervention Unit (PIU) and villagers who were complaining of the destruction of their environment by a foreign sand mining company. This problem had been brewing for a while before it erupted into that catastrophe. This is indeed deplorable.

The primary duty of a government, it is said, is to protect its citizens. It behooves your government therefore to do everything in its power to ensure that the people living in the Gambia are safe and secure. The issue of the environment has become a serious threat to the peace and security of the nation.

However, the incident that occurred in Faraba leading to the death of at least two people exposes some serious problems in our security services. Although the Inspector General of Police has said in a statement that no authorization was given to use firearms, the fact remains that agents of the State who are supposed to protect citizens opened fire and killed innocent civilians.

This shows that our security officials – or at least most of them – do not have the required training to do their jobs well. Whatever the case, trained officials should never open fire on innocent civilians. These people were supposed to be the guardian angels who would risk their lives to ensure that the civilians are safe, no matter what.

Another angle is that the security officials – the police in this case – have not been equipped enough to face challenges like riots or protests. As our nascent democracy grows, more and more people will take to the streets to protest their dissatisfaction over one thing or the other. Thus, it is of extreme importance that our security officers are prepared to take up the challenge to control, protect and secure the lives of people.

It is also important to ensure that the security services are well paid and well-motivated to sacrifice for the good of the country. Even if the security services are well trained and well-equipped, if they are not well paid, they will lack the motivation and incentive to risk everything, including their lives, to make sure that the people of the nation are protected.

The saying that prevention is better than cure comes to mind here. The government should ensure that all issues which can cause people to walk out in the streets to protest are removed. Thus, the government should make sure that all crimes are thoroughly investigated, and perpetrators brought to book if need be. There should be an end to impunity because wherever it prevails, violence is bound to follow.

The various incidents which have happened in the country and were not properly or thoroughly investigated are the catalysts to many subsequent troubles. In one way or the other, if trouble brews somewhere and it is not given the due regard it deserves, it can cause something else to happen which may be of greater magnitude.

The scuffles that took place in Kanilai, Farato, Busumbala, Tallinding are all harbingers to what transpired in Faraba yesterday. Mr President, you must take the bull by the horn, as it were, to ensure that your legacy is not the killing of innocent Gambians because due process was not followed in solving some of the problems that we have in the country.

I therefore condemn the killings of innocent civilians in the strongest terms possible and call on your government to mount a thorough and exhaustive investigation to ensure that whoever fired those bullets or had a hand in the problems leading to it is prosecuted to the full extent of the law.

Remember, peace is not the absence of violence but the presence of justice.

Have a Good Day Mr President…

Tha Scribbler Bah

A Concerned Citizen

FOR IMMEDIATE RELEASE:

Faraba Bantang Incident

The Democratic Union of Gambian Activists, DUGA, holds President Barrow and his administration solely and wholly responsible for the senseless murder of unarmed civilian protesters in Faraba Bantang. We watch with horror as the Barrow government continues to spiral out of control, from the murder of Haruna Jatta in Kanilai (with no investigation, even though one was promised); to the arrests of peaceful environmental activists; and now these senseless murders and arrest of a journalist. It is appropriate to say that the Barrow government has lost its way and is determined to consolidate itself by any means necessary.

We have said it, and will unequivocally reiterates, we will never tolerate a return to dictatorship or any form of tyranny in The Gambia. What was unacceptable under Jammeh is STILL unacceptable in The Gambia today.  We lay the blame squarely on President Barrow and his government for arming the PIU with live bullets to quell a peaceful protest.

We condemn, in the strongest terms, the brutal killings and injuries of innocent citizens of Faraba Bantang. We call on the Barrow government to immediately launch a comprehensive and independent investigation into this unfolding national tragedy and bring perpetrators to justice.

Signed,

The Democratic Union of Gambian Activists

Alagi Yorro Jallow

I grieve with the people of Faraba bantang in the Kombo East: The build-up of political and economic crimes in the Gambia has not only left many in anger and unspeakable poverty, but a tiny percentage with ballooning stolen wealth has also created deep insecurity and restlessness. The Gambia is at the cusp of a crisis which may lead to a political decay. How this fear and political chaos will unfold will depend on how President Adama Barrow handles the people’s cry for justice.

Fatoumatta: The Gambia government is responsible for the deaths of two unarmed protesters killed and several others injured while peacefully protesting about sand mining and environmental destruction in their community. These police brutality must be condemned as a crime against human and people’s rights.

At the same time, I’m deeply horrified that the Gambia stood on the wrong side of history (again) while this is happening in a new-found democracy hailed by the entire world. President Adama Barrow must have learned from his predecessor’s bestiality of police brutalization when trigger happy security officers killing and brutalizing unarmed civilians.

Fatoumatta: When a government begins to go down the path of killing its own citizens the way Adama Barrow’s government is doing, imitating the past government of Yahya Jammeh’s playbook, shifting blame is usually the first tactic in patching up a crumbling image. Protesters always provide a soft target for regimes gone rogue. Among them have been a few angry young men and women protesting injustice and destruction of their community. No matter how much you wish it, those protesters, they do NOT make a militia. They are simply unarmed young men and women tired of getting killed, tired of living at the bottom of the barrel, tired of their votes never count. The government has enough force to arrest those who destroy property and take them through due process. But instead, this government kills them, kills young people in their homes, kills people going about their own business, beat young and old people with tear gas. Are these people enemy combatants belonging to a militia?

Fatoumatta: In this new political dispensation, Gambians do not need police brutalization, governance by bestiality and mistreatment meted on innocent Gambians. We do not need this police brutalization, governance by bestiality and mistreatment meted on our friend on the people of Faraba bantang village;we do not need this police brutalization, governance by bestiality and mistreatment meted on fellow citizens whose views we do not agree with; we do not need this police brutalization, governance by bestiality and mistreatment meted on the poor; we do not need this police brutalization, governance by bestiality and mistreatment meted on environmental and political activists; we do not need this police brutalization, governance by bestiality and mistreatment meted on monkeys even!

President Barrow this police brutalization, governance by bestiality must stop this! You must end it. You must not even imagine using such tactics.

More importantly though, these beasts must be brought to book. It cannot be that we rave about this and it is all forgotten…with time.

Fatoumatta: Government must identify these, it’s agents, strip them of their public service employ and place them under the hammer of justice. Faraba banta ‘ honestly do not deserve bestiality. Gambian need answers and justice!

Fatoumatta:  President Barrow and his combined security must stop the killings of innocent people. The value of human life must be greater than political and ethnic loyalties. Today, the Para-military killed two unarmed citizens of Faraba Banta, opened fire on protesters and several others wounded: The Gambia’s combined security forces, especially the Para-military must be retrained and reoriented on crowd control and community policing in a democracy.

Fatoumatta: Gambians wish to see nonviolent change that will bring economic, social and political justice. Most of all, we call for the immediate end to the killings of innocent people, the police brutality being perpetrated on Gambians, a vice that continues to happen up to this moment must ceased.  Political and communal violence has become a vicious circle that occurs in the Gambia since the killing of Haruna Jatta last year.

The leadership of the coalition of human rights lawyers and activists should commit to supporting (materially) the immediate dependents of those killed in Faraba. They died for a cause not advocated by any political party, protested to protect their environment they believed in. In death, they are more loyal to their community than a politician.
Civil society groups should assist the families of the deceased with pro bono legal assistance to pursue justice and compensation for those whose deaths may have resulted from bullets or unlawful use of lethal force by the police.

Solidarity is two-way, Mr. President.

The Gambia Government under Pres. Adama Barrow and his Interior Minister and the IGP must be held to account for the deaths of citizens in Faraba. The statement by the Interior Minister and the IGP that they did not give orders to paramilitary officers to shoot is misleading and inadequate ad cannot be used for their defence. The fact that live rounds were issued to these officers in the first place means they were required to use them and they did use them. Therefore the IGP cannot absolve himself of responsibility.

The PIU is a disciplined force under the command and control of the IGP who is under the direction and management of the Interior Minister. The deployment of PIU personnel including the arms they carry are not the choice of the individual officers but from their high command based on operational requirements. Therefore the fact that PIU officers were deployed to Faraba and provided guns and live bullets indicates that the decision came from their high command which is under the IGP and the Interior Minister.

For that matter the IGP must take full responsibility for the use of live rounds in Faraba. If they did not intend to have the PIU officers shoot then they would not have given them guns with live rounds. The use of live rounds by PIU officers is not unprecedented as we can vividly recall how they used live rounds in April 2000 to massacre Gambian schoolchildren. The PIU has been notorious for the use of force and violence on Gambian citizens as we saw how they manhandled Solo and fellow patriots when they protested on 14 April 2016. Therefore the PIU has a clear history and policy to use violence against Gambians which the IGP is fully aware of.

President Adama Barrow must therefore hold his IGP and Interior Minister fully accountable for the deaths and injuries in Faraba by deploying a notorious force known for their brutality. The failure of the Gambia Government to effect necessary system change within the security, sector particularly in the PIU since January 2017 itself calls into question the leadership and commitment of this Government to protect the fundamental human rights of citizens. The time has come to suspend or disband the PIU for a thorough and proper reform of that institution is conducted.

In light of the above the National Assembly must therefore institute an immediate open public hearing to be broadcast on national radio and television so that Gambians can hear and see direct and undiluted facts of the incident from the horses’ mouths. Public officials and security officers who gave orders and executed those orders including those who allowed PIU officers to carry armed guns must be held to account.

The National Assembly must also investigate the way and manner mining license was issued to a businessman to operate in Faraba when there has been no general consensus among the people. The Gambia Government must understand that it has no absolute and exclusive power or authority to dispense off the land and natural resources of communities just because it thinks it is the Government or that there is law to back such decision.

Communities also have rights to their environment equally and such environment and its resources cannot just be taken away from them by a government regardless. Therefore the Government must not take any action or decision that seeks to threaten the social, economic, cultural and environmental rights of citizens.

For The Gambia Our Homeland.

JUSTICE FOR THE FARABA VICTIMS NOW!

Dear Mr. President,

When you appointed me Executive Secretary of the TRRC back in late January 2018, my understanding was that your government was fully and genuinely invested in addressing past human rights violations and preventing the recurrence of future human rights violations. I believed that under your watch, no Gambian blood will ever be shed by Gambian security forces and that with your support, the TRRC will help bring justice to the victims and the families of victims of people who lost their lives or otherwise suffered gross human rights violations under the former regime. I am writing to you because today, I begin to feel that my conviction as stated above has been badly shaken and that ultimately, it will be hard for me to pretend to address the issue of gross human rights violations in an environment in which the very same violations are being repeated as evidenced by the tragic killing of protesters in Faraba Banta on Monday, June 18, 2018.

How can we purport to right the wrongs of the past when we are seeing a repeat of those very same wrongs in the present? How can we purport to seek justice for past violations when exactly the same violations are being committed in the here and now? How can we honestly say “Never Again” to gross human rights violations in The Gambia when gross human rights violations are being committed right before our eyes? Surely, it would be grossly dishonest and hypocritical of me personally to head an institution that claims to be investigating extra judicial killings of the past regime when extra judicial killings are being committed – as in the Faraba case, right under my eyes? It is never right for police to open fire on unarmed civilians, however tense and volatile the situation. Why can’t the police use tear gas or rubber bullets or even batons to disperse protesters, rather than use life bullets to kill them? We can’t have that in the New Gambia. We cannot tolerate that in the New Gambia.

Surely Mr. President, you do understand the very difficult situation in which the Faraba killings have put me and the entire mandate of the TRRC. You understand how difficult it will be for me and my colleagues to go about the country talking about the injustice of killing unarmed protesters by the former regime while police officers have opened fire and killed unarmed protesters in the here and now. I cannot just emphasize strongly enough in what an impossible situation the Faraba killings have put the mandate of the TRRC. Suffice it to say that the Faraba incident has just made the mandate of the TRRC a million times more complicated and difficult than it already is.

The purpose of this open letter is to both express my personal outrage at what happened at Faraba, to show how it has made my work and position much more difficult and untenable and to ask that your government does something NOW to salvage the situation. I am writing to ask that those responsible for killing the victims of the Faraba shootings be identified, arrested and brought before a court of law NOW. The job you have entrusted me with is a job I love and a job I believe can help us all build a truly just, democratic and enlightened Gambia. But it is a job I cannot do when the very things we are condemning in the past are being repeated in the present. SO PLEASE DO SOMETHING NOW – and I do not mean the usual lengthy investigations. I mean BRING THOSE WHO KILLED THE FARABA PROTESTERS TO JUSTICE NOW. This is one case that must be treated with the urgency and seriousness it deserves.

I thank you for taking the time to read this open letter and for taking FIRM, UNAMBIGUOUS ACTION NOW to demonstrate to the TRRC, the Gambian people and the International Community that extra judicial killings are not acceptable and will Never Again be tolerated in The Gambia. #NEVERAGAIN!

Yours Sincerely,

Baba Galleh Jallow, Ph. D
Executive Secretary, TRRC