The adventures of Alkatan: Hadumeh’s fate
By Baba Galleh Jallow
As the sun was rising the following day, Alkatan sat on his sheepskin outside his hut, stoking his small beard, and musing at the strangeness of life. His thoughts were on Afang Hadumeh. He knew sooner or later, he would hear something about the greedy trader. He was not surprised when suddenly, an ominous scream wafted into his ears, and continued in long notes, over and over again. It was the voice of a man screaming woooi . . . . woooi . . . . woooi they have killed me! Woooi they have killed me! Woooi they have destroyed my world! The ghostly lamentations were loud and clear, piercing the early morning airs of Tonya Kunda like a horrible tragedy. Against the background of the screams Alkatan could hear a cacophony of agitated voices shouting and talking loudly.
Alkatan groaned, and shook his head, wondering why humans wilfully bring so much pain upon themselves and their loved ones. He wondered why people do not heed the wisdom of the elders and the ancestors, why people often doubt that the path of the soul is longer than the grave. He wondered why people like Afang Hadumeh could not see that a rat cannot give birth to a rabbit, nor a rabbit to a rat. That we cannot sow pepper and reap sugar cane. Afang Hadumeh could have created a paradise for himself and his progeny with his wealth. But he chose to do the exact reverse. He chose to be cruel and stingy, even to his own family. For while Afang Hadumeh was the wealthiest man in Tonya Kunda, his family often went hungry for days on end because business was not good and Afang Hadumeh could not afford to lose his money. And so he gave only a fraction of the usual fish money to each of his four wives, and he subsisted on bread and other snacks in his large shop . . . . It was a matter of constant wonder for the people of Tonya Kunda that Afang Hadumeh did not even wear shoes. Some said it was the secret of his wealth, but many knew Afang Hadumeh was just too stingy to buy a pair of shoes every once in a while. So he avoided shoes altogether. “Shoes? What shoes?” he liked to ask. ‘What if you bought shoes and you went somewhere and you forgot them there? Is that not a loss?”
Alkatan sighed and looked up. He saw a woman approaching his hut. She did not seem to be in any particular hurry, but Alkatan could feel the urgency of her demeanor as she greeted and addressed him.
“Good morning Ba Alkatan,” she said. “I have come to beg you to come help my husband, Afang Hadumeh. It seems like his eyes are touched this morning. I was told you came to beg him to untie Niara Dinding’s husband yesterday. That’s why I came. Hadumeh is a difficult man; his affairs are very difficult; but he is my husband and the father of my children. So I have to get up and try to do something. Please do it for God and come help us Ba Alkatan.”
“Nna, I have heard your words,” Alkatan said, calmly. “Please sit on that chair and tell me what happened to your husband so we see if I can help him.” The woman sat down, quietly, her face tense, the look in her eyes inscrutable. But Alkatan saw the deep worry and the chronic pain in her eyes; he saw the woman who would suffer in silence, for years, for decades, for life because she was told there was nothing she could do. Alkatan sighed, and the tears flowed in his heart.
“Ba Alkatan,” the woman started, looking down at her feet then up at Alkatan. “I am Hadumeh’s first wife. He slept in my bed last night. Around dawn, when the cocks started crowing, he started shouting in his sleep. He shouted three times before I could wake him up. When he woke up he sat up, looked at me and said, “eh, so this was all a dream?” I said to him, “what dream, you were shouting in your sleep.” He did not say anything. He just got up and went to perform the ablution and went to the mosque for the morning prayers. When he came back he told me about his dream. He said he had dreamed that thieves had stolen all his wealth; but that he just passed by his shop and the doors were all locked, just like he left them yesterday. He said he opened the door and saw that nothing was touched; he said all the merchandise was there like he left it yesterday. Then he locked up and came to have his breakfast.” The woman paused, and looked at Alkatan. Then she continued.
“Eh, when he finished breakfast, he went to open the shop. Then I heard him shouting again, just as he was shouting in his sleep, saying woooi they have killed me; woooi they have destroyed my world. He kept shouting that, and we all ran to see what happened. We found Hadumeh standing in the middle of his shop, his hands on his head, just shouting and shouting. We saw that there was nothing in the shop; not even a piece of paper. All the merchandise was gone. Even the chair he sits on was gone, and the iron box where he kept all his money and gold. All that was left in the shop was his big stick, the one he uses to beat us and the children and anyone who offended him. Eh, we do not know how this happened and we asked him again and again, Hadumeh, what happened, Hadumeh what happened? Ba Alkatan, what he told us was strange. I don’t even know the head or tail of it” The woman paused again, held her mouth and continued telling Alkatan what Afang Hadumeh said.
“Eh, after some time he stopped shouting and said last night he was sleeping when he dreamt that someone was calling his name and telling him that some people were waiting for him at his shop. He said he got up and went; when he went he found about eight young men standing near the shop; he said one of them told him “Hadumeh, open your shop.” He said when he opened the shop, the men started loading all his merchandise in a big truck standing by. He said he stood by and saw them load everything in the shop onto the truck, even his money box. He said when they took everything from the shop, they told him, “Hadumeh, now you can lock the shop and go back to sleep.” He said he then saw the truck moving away. As soon as the truck started moving, he said he started shouting and that was when he woke up in my bed. He said when he went to the mosque and back, he saw that the shop was locked. He said he even opened the shop to make sure and everything was inside. Nothing was missing. But he said after breakfast when he went to open the shop, he found it empty. Nothing was there. When he said that, he started shouting again. And he took his stick and started beating everybody and saying they have killed him. We had to shout so that the men could come. When the men came, they all fell on him and brought him to the ground and tied him up. That’s when he stopped shouting; but he kept crying and groaning that they have killed him. We are worried Ba Alkatan. What shall we do? Eh this world!” The woman fell silent, and bent her head.
Alkatan groaned. His heart cried for the woman and Hadumeh’s family. But do humans not bring upon themselves the wrath of their own souls which are outraged at the suffering of other souls caused by humans? If all Hadumeh loved was his wealth, how could he be helped when his wealth was forever gone because he had used it to inflict injustice on his fellow humans? This time was bound to come for Hadumeh, as it does for everyone like him. But Alkatan knew that while the woman was worried, she and Hadumeh’s family would do just fine. He knew that soon enough, they would learn to enjoy some relief because Hadumeh had become poor, and he would become quiet. But the family would thrive by their labor and would support Hadumeh as long as he lived.
“Eh, Nna,” Alkatan said. “This is a very sad situation; but the only way your husband can be helped is by bringing back his wealth; and I cannot do that. What I see is that he will be all right; his eyes will not be touched. But he will taste poverty because he will never get his wealth back. But you and your family will be able to help him. When you go you will find that they have untied him; but he will not talk much from now on because he can never stop thinking about his wealth. You go home now and hold onto God. He will help you.”
The woman thanked Alkatan and left shortly before Afang Njonji, the Alkalo of Kaira Kunda came to seek Alkatan’s help about a sorcerer he said had turned his peaceful village into a place of conflict, fear and restlessness. Alkatan listened as the alkalo told him the strange story of Nyakahel the sorcerer who, when he came to Kaira Kunda, insisted he was the real alkalo and went about beating women who quarreled with their husbands and forcing people to drink his medicine because he insisted they were sick even if they were as healthy as iron!
President Barrow’s Christmas speech in full
Fellow Gambians,
Ladies and Gentlemen,
Tomorrow is Christmas Day, which is an important day on the solar calendar. As we look forward to celebrating it, we must thank the Almighty God and praise Him for granting us the divine blessing of living to witness another Christmas season. No matter what our concerns or fears may have been during the course of the year, this is a moment of joy, celebration and thanksgiving.
It is particularly so for the Christian Community, noting that Christmas means a lot to them; therefore, I congratulate all Christians on this solemn occasion. However, I hasten to pay tribute to all those who lost their lives during the year, either due to the pandemic or any other cause. We pray that the departed souls rest in peace.
As a nation, we express heartfelt condolences to the bereaved families, and pray that God strengthens their faith to bear the loss.
Fellow Gambians,
Ladies and Gentlemen,
Like other communities, the Christian Community was not spared by the pandemic. The challenges it posed globally prevented them from attending church service to fulfil their religious duties. As COVID cases surged in the country, they could not even attend to their major religious functions and feasts, such as Easter.
Life and time are marked by events and lessons. As servants of God, the pandemic has taught us bitter, but useful lessons about life.
It has reminded us of our weakness as human beings and that, no matter how absorbed we may be in worldly affairs, life is not within our control. This should compel us to give due attention to our obligations, and accord human life significance over everything else.
In harmony with the beliefs and teachings of Christianity, my government maintains that any action taken in the country must seek to protect life and the livelihoods of the people. The attainment of such noble goals makes it obligatory for all citizens, regardless of religious affiliation, to consistently dialogue, cooperate and support one another.
I am pleased to observe that Christians in the country have been patient and cooperative. The Christian Council, for example, has been engaging my government, and has remained law-abiding, while supporting our development efforts.
When unusual resolutions had to be made, leading to the declaration of a State of Public Emergency, the Community restrained themselves and acted with due diligence. I commend The Gambia Christian Council, therefore, and the entire Christian Community in the country for their support, patience, discipline and cooperation.
Fellow Gambians,
Ladies and Gentlemen,
As we go through the phases of reshaping and consolidating our democratic institutions, every sector of our society would certainly wish to reclaim and assert their rights to ensure that they have a Constitutional shield against injustice.
In this respect, the Christians have been playing an active role in making their collective voice heard to make sure that their rights are protected, especially as Constitutional matters continue to feature on our national agenda.
It is reassuring that Gambians recognise that such efforts should always focus on finding common ground on issues that generate divergent views. This is one of the key features of democracy, but it is important that no section of society overplays its role.
I am alive to the principle that everyone has the right to be protected, no matter what our religious beliefs may be. Even though Christians are statistically a minority community in The Gambia, their rights are as significant as the rights of their non-Christian compatriots. As citizens, all are equal before the law, and have equal rights. We are Gambians without distinction, and should strive together for the progress and development of our dear country.
To sustain peaceful coexistence and progress, regardless of who or what we are, we have to adhere to the basic principles of living together, accommodating one another and acting as law-abiding citizens.
It is fundamental to remember that one’s rights end where another person’s rights begin. To live harmoniously, we have to embrace and promote the universal values of patience, tolerance, love and care when we deal with our fellow citizens or other human beings.
Fellow Gambians,
Ladies and Gentlemen,
Under my leadership, the Government will always defend the right to protection, safety and security for all citizens, including the Christian Community.
In The Gambia, our relationships go beyond religion; we are neighbours and family.
Reflecting on the history of the nation, I recognise the role of the Christian Community in national development and their significant contribution to the lives of the people. Their humanitarian engagements are quite visible. We know that many prominent non-Christian Gambians have been educated in Christian schools, and the number keeps increasing.
We are aware, to cite another example, that Christian charity groups support refugees in the country, yet the majority of the beneficiaries are non-Christians. These are noble acts of generosity arising from their belief and desire to serve God and humanity. We thank all of them for being charitable.
As we continue to develop and evolve as a true democratic nation, my government remains committed to safeguarding the rights of all minority groups, and we will continue to accommodate them in the governance structures of the country. This has been reflected in my Cabinet.
The main objective is for us to work and develop together to become stronger and happier as Gambians. When abnormal things happen along the way, we must accommodate the divergent views that surface, and reconcile them through constructive dialogue.
Fellow Gambians,
Ladies and Gentlemen,
2020 is a year to be remembered for the unfortunate, huge loss of lives around the world. We mourn for all of them, including prominent personalities like Bishop Emeritus, Michael Joseph Cleary, who touched many lives and contributed to the development of our dear country. Once again, we pray that they rest in eternal peace.
I ask our Christian brothers and sisters, through the guidance of their leadership, to pray for the continual wellbeing of all Gambians and peoples of the world. These are times that call for prayers for global peace, for respite from the pandemic, for the recovery of all those affected by ill-health and for the revival of the world economies.
We are grateful to God that coronavirus infections and related deaths in the country have declined. Let us give thanks, and pray that life returns to complete normalcy so that we can forge ahead with our development programmes. We thank all those who contributed to the fight against the pandemic.
As we celebrate Christmas, let everyone be mindful of the health guidelines and regulations, and ensure that we wear a mask whenever we have to go to public places.
I wish you all Merry Christmas.
Constitutional law developments in The Gambia: 2020
In 2020, The Gambia witnessed a series of key constitutional developments. These include the stalling of the constitution-making process, challenges to the constitutional validity of immunity from jurisdiction, and efforts geared towards better protection of fundamental rights and freedoms. Following is an overview of some of these developments.
The future of the Gambian Constitution
In 2020, The Gambia witnessed the stalling of the constitutional replacement project. On 22 September 2020, the National Assembly rejected the proposed Constitution Promulgation Bill, 2020 which was aimed at promulgating a new constitution and repealing the 1997 Constitution. Twenty-three lawmakers in the National Assembly voted against the Bill, while thirty-one supported it. This was, however, not a big enough majority to meet the threshold requirement of three-quarters of members needed to proceed to the Third Reading stage for effect constitutional change. The Draft Constitution could, therefore, not be put to a referendum. As noted elsewhere on why the Bill did not pass, partisanship and extreme political polarization killed the draft. There was not enough proactive engagement in consensus building by all political actors.
In response to the growing local and international calls for a new constitution, in October the Cabinet had asked the Minister of Justice to initiate a new dialogue process among stakeholders to revive the constitution building process again. Since then, there have been engagements with political parties and civil society with a view of bringing about consensus on the contentious issues of the final draft. Given the highly politicized nature of the contentious issues, there is a need for proactive engagement in consensus building by all political actors. A new constitution is very much dependent on this. Institutionalized platforms of inter-party dialogue such as the Inter-Party Committee (IPC) are vital and could be better utilized for trust-building and consensus building on contentious constitutional questions and issues.
As posited elsewhere, amending the 1997 Constitution or going back to the drawing board by having the Constitutional Review Commission (CRC) restart the drafting process afresh would be challenging as buy-in and political legitimacy would be difficult to attain. An alternative option, drawing from the Kenyan case study, would be to enact a new law that focuses mainly on providing a mechanism for consensus-building on the contentious issues that arose in the review process of the 2020 Draft Constitution. Section 5 of the Constitution of Kenya Review Act, 2008 [Revised 2009] established the following mechanisms that would be involved in the reform process: Committee of Experts (CoE), the relevant Parliamentary Select Committee, the National Assembly, and a national referendum. These were the following steps:
First, section 23(b) of the Kenya Review Act provided that the CoE would identify the issues already agreed upon in the existing draft constitutions and the issues which are contentious or not agreed upon in the existing draft constitution. Then upon identifying issues that were contentious, section 30 (2) of the Review Act required the CoE to invite representations from the public, interest groups and experts on contentious issues to resolve them and prepare a harmonized draft constitution. Such a report and draft would be published to incorporate the views of the public.
Thereafter, the draft constitution goes to the Parliamentary Select Committee (PSC) for consensus building on the contentious issues as determined by the CoE. The PSC, upon deliberation, resubmits the draft Constitution and the report presented to the CoE, together with the recommendations agreed upon. The CoE then revises the draft constitution taking into account the achieved consensus. The CoE then submits the revised draft Constitution and its final report to the PSC. The PSC tables the report and draft constitution before the National Assembly. If the National Assembly approves the draft constitution without amendment, it is submitted to the Attorney-General for publication and then followed by a referendum.
Whatever path The Gambia eventually takes, based on key lessons learned in the rejection of the 2020 Draft Constitution, there is a need for coherent and rigorous safeguards against partisan manipulation and limiting the impact of partisan interests over national interest. Ultimately, the constitution-making process should be an inclusive one that ‘strengthens national unity and a sense of common, national identity.’
Immunity versus human rights: The Yankuba Touray case
While a State has jurisdiction over all persons within its territory and over acts that take place within, in certain situations, it would not exercise this territorial jurisdiction. The issue of immunity from jurisdiction is the key focus in a recent ongoing case. In the State v Yankuba Touray case, the Supreme Court is to determine whether the accused person (Yankuba) is entitled to constitutional immunity from prosecution of the murder of Ousman Koro Ceesay pursuant to Paragraph 13 (1), (2), (3), (4) and (5) of the Second Schedule of the 1997 Constitution. Yankuba, a former member of the then Armed Forces Provisional Ruling Council (AFPRC) which overthrew the Jawara government in 1994 and suspended the 1970 Constitution, was charged by the state of murder during the transition period. The one-count murder indictment is pursuant to section 187 of the Criminal Code. The accused pleaded not guilty to the charge, consequently contending that the provisions on immunity as provided in the Second Schedule in the 1997 Constitution grants him blanket immunity from prosecution.
There is currently an active exchange of opinions regarding immunity and its influence on constitutional development in The Gambia. As a result, amicus briefs have been submitted to the Supreme Court. For instance to aid the Court, an amicus brief was filed by a group of lawyers providing information to the Supreme Court relating to national, regional and international law on the issue of immunity from criminal jurisdiction. This was done in light of human rights standards on the right to life and the obligation of the state to exercise due diligence in investigating and prosecuting perpetrators. The right to life imposes a duty on the State to protect the lives of its citizens.
Amicus curiae procedure
Amicus curiae, a well-established concept in law, particularly in common law jurisdictions, has been defined as relating to third parties, bystanders, who make suggestions on points of law or of fact for the information of the adjudicators to a case without themselves having an interest in the cause. Amicus curiae can assist adjudicators in their deliberations, as well as contribute to the litigation discourse. In the Yankuba case, the submitted amicus briefs are vital in helping the Court determine the potential impact of the jurisprudence that would emanate from this case, vis a vis on the rule of law bumpy road.
Currently, there are no laid down rules that stipulate that courts may allow amicus curiae briefs on cases. However, from the recent submission of the briefs, it is posited that the courts can allow third parties to submit amicus briefs and to make oral presentations when it deems that necessary. Given that there might likely be more cases attracting amicus filings in the future, it is clear that there is a need for procedural rules governing amicus
On the conflict between human rights and immunity, it is yet to be seen what the decision of the Supreme Court will be. Such a determination would have a great impact not only on the transitional justice process but also on whether it would be in line with the position that recognizes that certain human rights norms when violated would constitute a grave crime, thereby prevailing over immunity.
Pursuing law reforms
Sweeping legal and institutional reforms, including repeals or amendments of several laws from the Jammeh era that eroded human rights, are ongoing. Some of the legislation that has been tabled before the National Assembly and under review by relevant committees focus on enhancing democratic governance and promotion of transparency and accountability including the Access to Information Bill, 2019 and the Anti-Corruption Bill, 2019. However, others yet to be reviewed include the Public Order Act and media-related laws such as the Newspaper Act, the Telegram Act and the Official Secrets Act. An attempt was made to place the Media Services Bill earlier this year, but which was dropped after a public outcry that it was antithetical to the free press.
Other law reform efforts focus on enhancing protection for marginalized groups including the Persons with Disabilities Bill, 2020 and several bills (e.g. Domestic Violence Amendment Bill, Labour Amendment Bill and the Women’s Amendment Bill) geared towards the protection of women’s rights in The Gambia. Further consideration of these bills is foreseen in 2021.
In addition, a comprehensive review of the Criminal Code and Criminal Procedure was done in late 2019 as part of efforts to reform the criminal justice system post-Jammeh. Subsequently, a Criminal Offences Bill, 2020 was drafted. Some key changes include the repeal of provisions on sedition, criminal defamation for enhancing freedom of expression; removal of the death penalty for capital or any other offences; greater flexibility for bail; introduction of a system of parole; plea bargaining and other non-custodial sentences such as community service.
However, there have been concerns that the draft bill contains provisions that limit citizens’ political rights and shields the executive from public scrutiny. The bill was withdrawn from the National Assembly and is yet to be re-tabled. A stand-alone legislation on the domestic criminalization of torture is also expected to be introduced.
Enhancing political participation and fair elections
Review of the Elections Act has already kickstarted in 2020. The Gambia’s Inter-Party Committee (IPC) has recently concluded a two-day workshop in November 2020 focused on the draft bill. An Election Bill is subsequently envisaged to be tabled before the National Assembly in 2021. This Bill is envisioned to expand political pluralism and enhance electoral processes in The Gambia. While the role of political actors is critical in this process, there need to be opportunities created for citizen participation and awareness about the electoral reform process.
2021 Prospects
Constitutional reform efforts are envisaged to continue in 2021 including the revitalization of the constitution making project. Given the current political climate in the Gambia, coming from 22 years of dictatorship, law reform is essential in ensuring an enabling legal framework and environment for democratic governance and promotion of transparency and accountability.
Going forward in 2021, the State needs to take a leading role in re-establishing respect for human life and dignity. In addition, there is a need for transparent and participatory approaches in the law-making process. Inclusion and participation of civil society including the media is vital in efforts to consolidate democracy and build a new culture of constitutionalism in The Gambia.
Note: This post is based on the ‘Constitutional law developments in The Gambia: 2020’ report recently published by Law Hub Gambia, available here: https://www.lawhubgambia.com/latest-news/publication-constitutional-developments-in-2020-gambia.
About the Author:
Dr Satang Nabaneh is a legal scholar with expertise in human rights, comparative constitutional law and democratization. Her teaching and research focus on international human rights law and monitoring mechanisms; human rights in Africa, with particular focus on women’s rights; democratization in Africa and Gambian constitutional law.
She is also the founder and director of Law Hub Gambia, a legal resources and knowledge institute providing an open-access source of legal information from The Gambia. Dr. Nabaneh is a Post-doctoral Fellow at the Centre for Human Rights, Faculty of Law, University of Pretoria.
Why I think Darboe is a better Candidate
By Kara Yakub
Kui Bange Du Buga!
As you know, the UDP Congress unanimously selected the Hon. Lawyer Darbo as the Secretary General and Party Leader again. Here are the reasons why you should vote for Darbo to be the next President of The Gambia.
Everyone knows the Hon. Lawyer Darbo is highly educated, committed ,dedicated, and served as pro bono lawyer for many Gambians. He sacrificed his freedom and risked his life to make sure democracy prevailed in The Gambia. He has shown a track record of honesty, respect of human rights, and rule of law. He believes in democracy and good governance. He has empathy and is a good listener.
Darbo is the perfect person to lead the needed changes to improve the health and economic well being of Gambians. He is a democrat and willing to promote bipartisanship by working with all sides of the aisle. He believes in science and believes climate change is real. He will be there for work to preserve our environment and mitigate pollution. He resonates with the realities in The Gambia and to our present situations to increase national budget allocations to improve agriculture.
A UDP government will make sure our quality of health has improve significantly, especially on maternal mortality. No women should die giving birth in The Gambia in this 21st century. A UDP government will embark on a robust health care system and make sure priority is given to our wives, mothers, daughters and sisters to have a good prenatal care. UDP will hired experts with the technical know how and capacity to run this country.
A UDP government will bring about an overhaul to revamp industry and create economic empowerment by supporting and promoting small businesses. UDP government will set up an anti-corruption commission to tackle the waste of public funds in the wrong hands. We will mitigate the bureaucratic nature of the civil service and also set up a land commission to settle the never ending land disputes in the country.
The commitment and dedications seen within the party for a better Gambia for all is beyond imagination. Here’s a strong argument before my friends and families why UDP and Nothing else.
The writer, Kara Yakub is based in the United States.
