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Can the State be but secular: the word, principles and practice?

In one of my last classes, a co-learner said “Lenn, I’m confused about secularism. What is it that they are fighting over?” I briefly explained and promised to share my thoughts. To her and everyone who has been confused, I hope this helps to de-confuse you. Let me start by saying a word is not just a word in the social world, words construct the world. In Onuf’s term, “…we make the world what it is…by doing what we do with each other and saying what we say to each other…talking is undoubtedly the most important way that we go about making the world what it is” (2013: 4). I am sure that both Muslims and Christians will agree with Onuf’s proclamation as both Scriptures affirmed the importance of words as: “in the beginning was the word” and “He just says be, and it becomes”. Therefore, when people fight over words, we should not be surprised. However, we should be able to debate in civility.

The word secular and its derivative secularism have been contested for long in theology and academia. In fact the Oxford Dictionary gave a multitude of meanings which may be summed as ‘non-religious, temporal, civil’ as opposed to ‘clergy, religious’, etc. But such is the nature of words; their usage over time and across space lends them different meanings. On the other hand, every political science student knows that relying on a dictionary to understand a political concept may be necessary but it may be fatal. For this reason, political scientists prefer the operationalization/contextualization of words/concepts. In fact this is widely practice in other disciplines including law.

According to An-Na’im (2008), secular is derived from the Latin word saeculum which means “great span of time” or “spirit of the age.” The meaning gradually changed into “of this world”. It is during the 13th Century that the term appeared in English denoting civil clergy men and clergies in churches. From this meaning, a dichotomy of two worlds was created. It is from that dichotomy the popular meaning of secular as privatization of religion was derived. According to this meaning, there is the spiritual world and the nonspiritual world. But by the 16th century, secularism had lost its neutral meaning. Further explaining the evolution of the terminology, An-Naim argued that in Europe, secular came to mean the “the privatization of church lands to the secularization of politics and, later, art and economics”. Politics being what it is, the rule of men by men ought to be left in the hands of men. It is from this meaning that secular practice was seen as being anti-religion. The church was no longer seen as a legitimate custodian of land and an adjudicator. Land became that of the state for development purposes.

Therefore the contest has always been about power and resources. Unfortunately, this has been confused with the secularization of people and society despite the two being different. Nandy (1998) and Chatterjee (1998) challenged secularism as part of the modernization project. Greenawalt (1998) challenged the possibility of rationality, which he sees as the hallmark of secularism. Connoly sees it as a new form of dictatorship. Attas, argued that it separates man from his religion. The opposition of the Gambian anti-secularism camp is not different from these views. Dr. Omar Jah Jnr., leader of CC said secularism is ungodly. It is “disbelief in god” and Sheikh Hamma adds that it is the foundation of Lesbianism and Gay Rights.

However, An-Naim (2008), warned that “secularism does not mean the exclusion of religion from the public life of a society…” It is a mediator between competing religious groups in the state. This is the word. It is therefore wrong to refer to secularism as a religion except if Dr. Jah wants to make it one. Going by Dr. Jah and his compatriots’ definition, Christians wouldn’t advocate for secularism. Likewise Muslims in India would not have been calling for the maintenance of the secular state in their protest against the Hindu Nationalist government.

Arguing that secularism is anti-religion or is the gateway to lesbianism or ungodliness is a mere fad as the claim that democracy means “doing what you want”. Both claims are not true. It is only when we construct it as such that it will be. In fact, democracy meant the direct participation of Athenians in political life but this meaning has become largely untenable. Political concepts change with practice just as words and such is secularism. Therefore, there is a need to distinguish between a secular state and a secular society in principle. And so far, the calls made have been on state secularity as submitted by the Christian Council and many Muslims. Since the issue is whether the state should be secular or non-secular, it is necessary to establish what this state is.

The state is a philosophical construct which yields a political reality. And philosophically, the state cannot be but secular. It is people who can be religious or irreligious because belief is an expression for the living. There must be a capacity to know and feel for one to belief. Also, the impossibility of belief must exist for one’s belief to be genuine. For one to believe there must be the choice to disbelief but the state doesn’t have such an option. The state cannot belief or disbelief. It cannot know or feel or choose, thus the state in reality cannot know or support a religion. At the basic level, the state is just a philosophical construct.

To bring that philosophical construct into reality, its features must be constructed. Such include the population, the boundary, the government, legitimacy, etc. But all of these ‘real features’ are just philosophical until they are defined. Who define them? We the people! The Population itself is defined by the people. That is why the CRC is consulting Gambians on who shall be a Gambian citizen. The government is defined; its composition and roles are all defined. Who defines it? We the people! Legitimacy is equally defined by the people. Therefore, assuming, claiming or proving who is a Gambian and the Gambia as a state becomes a reality only out of our construct. This is the reality of the state. It is constructed under rationality and sometimes irrationality. Therefore, whatever the sum of the state is defined to be is only a human construct and has nothing to do with Allah or God, hence the claim that the state cannot be separated from religion is not true.

That is to say, if we declare that the Gambia is not a secular state that must be another philosophical construct which we must instill with some realities. If we say that Gambia is a religious state, we are the ones making that claim and from there we try to instill some practices which we think or believe befits a religious state. From there we start to say which laws, rules and regulations apply to our ‘state’. That practice itself would be based on intellect, thus it is only appropriate for the state to be secular. Secular means that the state neither belief nor supports any religion because the state doesn’t know, it doesn’t belief. It is it. The state doesn’t. However, society being constituted by people can be religious or irreligious based on the viewer’s perspective.

I do not think anyone will ask for the secularization of the society. The Gambia has a society of Muslims, Christians, Bahais, and many more. Since all of them have been deemed to be Gambians, being equal in the eyes of the state that sees no religion, it is only ideal that a rational government promotes no religion over or against the other. Therefore, secularity is an ideal for a post-colonial society like ours.

The claim for secularity is much more than philosophical; it is also a practical necessity. Basic tenets of the proper understanding of secularity have been used by many eminent religious scholars and masters. In fact, Khalid Bin Waled was not selected as a leader on many occasions out of religious pity but because of his capacity in strategy. Nizam Al-Mulk has proposed the same meritocracy to Muslim leaders of his time in his “Siyasetname”. This is a secular practice. When the state recognizes no religion, the appointment of individuals based on religious pity becomes irrelevant.

With secularity, a Muslim leader will not say I will appoint X because he is a very good Muslim neither will a Christian say let us appoint Mr. Y as government officer because he is a Christian. Neither will anyone say let us not appoint a Jew because he is Jewish. To each for his capability and from each on his capability is the basis of appointment in a secular state. It must be added that with this, people are held accountable and not their religion. Since all men are fallible, they should be held accountable as individuals and not their religion.

An argument that has been put forward by the anti-secularist camp is that democracy is rule of the majority and Muslims being the majority must have the state defined in their wish. This equates saying Mandinkas are the majority and therefore should determine the official language of the country. That is sectarian democracy brothers. We must install neither a tyranny of the majority nor a sectarian democracy. Also, the anti-secular state camp argues that since Muslims are majority and pays more taxes than any other, they should have the final decision. This equates saying that KMC pays more taxes and should determine the state of affairs. Rationality requires that taxes are redistributed to those who cannot produce enough; hence the deductive analysis is illogical. The best form of democracy is one which sees no minority. We know this because sectarian democracies are the most fragile as we can see in Iraq, Lebanon and Somalia etc. It is a line that has torn societies apart and we must not take that path. If we install a sectarian democracy here, we will all die and go to hell as the killer and the killed in the last days are all destine for hell says the beloved.

It has been further argued that the Gambia has never been secular in its history. I am willing to learn which Gambia they are talking about. Most of the Kingdoms and Chiefdoms of this country had been secular until the emergence of the Maba Jahus, Foday Sillahs, may Allah be pleased with them. If the kingdoms were not secular, why were the wars fought I ask. And the most retarded statement is: it was not in the past constitutions, hence no need to have it. That equates saying “my father never had a telephone and he was in touch with his people, thus I need no phone”. In fact if An-Na’im’s definition is adopted, “a secular state [is] one that is neutral regarding religious doctrine, one that does not claim or pretend to enforce…the religious law…” it becomes clear that the Gambia had been secular in principle as well as in practice.

Section 25 states that “(2) No association shall be registered or remain registered as a political party if…it is formed or organised on…religious…basis” while Section 100 subsection 2 forbids parliament from “establish any religion as a state religion”. Furthermore, Section 25 of the constitution gives everyone the “freedom to practice any religion and to manifest such practice”. Perhaps the most important principle that has been uphold in line with secularism is Section 1.1: “[the] Sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this Constitution”. It is secularism which guarantees that sovereignty is with the people because people are rational and should therefore select who leads them and welfare policies. The maintenance of these clauses in the Draft Constitution upholds secular principles. Thus it is only natural to insert the word ‘secular’.

In practice, a typology is usually relied upon as a framework of analysis to understand the relationship of state and religion. Men often decide that their state is secular, theocratic or atheist and in between may lay some hybrids. The theocratic state is one where Sovereignty resides in the ruler and whatever he says becomes binding as he is the vice-regent of God or Allah. Such a ruler may combine political and judicial powers or may bestow religious power on another. In such a state, opposing the ruler is blasphemy. Only the faithful or believers in the recognized religion can hold public office. In theocratic states, it becomes the responsibility of the state to maintain places of worship and there is a state machinery to propagate the religion.

Atheist states on the other hand eliminate religion from the public. There are no minarets or domes to indicate public worship, neither are religious holidays observed by the state nor is the ringing of church bells or calling for prayers allowed. Typical example would be Albania under Enver Hoxa, and the then Federation of Yugoslavia. That is atheism and not secularism.

Between the atheist state and the religious state, is the secular state. It neither promotes any religion against the other but it doesn’t seek to eliminate religion. This is the current and appropriate meaning and operationalization of secularism. We have fought for independence together with our Christian and Traditionalist believers to live as equals. That is why we must enjoy the same rights and privileges. That is why there should not be any majority or minority.

I do know that elsewhere people who claimed to be Christians, Buddhists, Jews are persecuting Muslims or denying them their rights. We know places where Christianity is proclaimed to be state religion or receives preferential treatment from the state but we must not emulate those states. As a government of The Gambia fights for the Rohingya Muslim for equal treatment from the government of Myanmar, it is only appropriate for us to build a secular constitution for ourselves and a model for the world.

To my Muslim brothers, our religion is one that seeks the heart of men and not their heads. Every Muslim should strive to be the embodiment of the goodness in Islam in his personality. If he does, his light becomes a radiance that enlightens the world. With that personality, you need not have a government that supports your religion. This is how people like Mam Mass Kah, Cherno Baba Jallow, Moriba Darboe, Sheikh Ahmad Bamba, Alhaji Malick Sy, Bai Niass attracted followers who became outstanding Muslims. With their religious pity, their families, friends and even enemies came to settle with them. They did not need a government to support their religion. In fact, some of them lived under anti-Islamic governors. You may call me a disbeliever but my religion is Islam, the Kaaba is my cardinal point in Prayer, Muhammad is my Messenger, and Allah is my Lord. I pray that the real meaning of Islam manifests in my heart so that I will never recourse to state aid in my religion.

The writer, Muhammed Lenn, holds a Master’s degree in political science and international relations from Trakya University in Turkey

Lamdo’s view on the three years wrangling

STOP. Just STOP it for God’s sake! Who are we really fooling here? A group whose members clearly told us they are willing to do ANYTHING unless the Democratically Elected President steps down because he reneged on his PROMISE is fear mongering again! Why does the world have to stop just because you are hurt. STOP the fear mongering y! Read my lips! THERE IS NO DICTATORSHIP IN GAMBIA AND IN SHAA ALLAH THERE WILL BE NONE!!! #NeverAgain!!!

True. I defended #Dafadoy and #OccupyWestfield and will do it again ten times over! #Freedom of speech, assembly and movement is paramount to any Democracy and unless you are Kim Jung ugly you will agree! Here is the issue though, Defadoy and OccupyWestfield NEVER threatened anyone nor proposed to hold an entire country hostage. That’s Anarchy! Plus they were never backed by any Political Party. Rather when they were allowed audience, same people beating chests tei neh 3YJ is our only way to salvation were the SAME people with full fledge youho ak hasteh to police and interior Minister for even entertaining those citizens! Now that the tables have turned, SAME people want that courtesy! Ham ngen lan la! Dayka be nyo kor borka! Support anyone your heart desires but don’t make a mockery of Gambians and their reignited Democracy.

As an ardent “demonstrator”, who willingly and readily packed whole family in truck and drove eighteen hours to share my voice, I am down for any peaceful protests of citizens! I am for 100% 3YJ peacefully demonstrating su lene nekh heh beh 2021 sah! One thing though, your freedom stops right at the tip of my nose!

See, we need consistency. If we all agreed when the laws were being toyed with them we won’t be here. FULL participation was necessary to change that public order act during CRC’s period but as always we chose to argue on frivolity, like ku fe opalleh nit! We should have fought tooth and nail to repeal Public Order Act. We still can. Since it’s still here, get that permit and act accordingly without threats of violence. Many more will rally behind you then. Not just the upcountry crowd transported to KMC. Remember the day we joint hands without focusing on someone’s last name or region they were from was the day, Jamus’s goose was cooked! We can unite again to repeal the bad laws still present.

Waachal ma tork amut fe. 2021, use your voices and rally podiums to enlighten the people about MOU and incumbent reneging on promise. Trust the voters and know that they will make the final and best choice for them. Trust and believe that DICTATORSHIP won’t return unless we allow it! Teh whoever will be next President has already been ordained. Forceh takhut la tork. BELIEVE THAT! Else sa gom gom dess na!

The writer, Lamdo Sailey Sey, is based in the United States

MADI JOBARTEH – OPINION: Police has no authority to stop 3 Years Jotna from holding a fundraiser

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The long title of the Public Order Act says the Act is a law that prohibits private individuals from raising a military and to make regulation to maintain public order during public precessions as well as to control the use of public address systems in public. The law went on to make a definition of a public meeting, private premises, a public place and a public procession. These definitions are relevant for Section 5 on ‘Control of Processions’ and Section 6 on ‘Control of Loudspeaker.

Under Section 5 the law requires anyone who wishes to embark on a public procession, which is defined as a procession in a public place, shall request a permit from either the IGP if the activity is within the Greater Banjul Area or from the Governor if it is in the regions.

The Three Years Jotna event was scheduled to take place at B.O. Semega Hall in Bundung last night January 3. The event was not a public procession nor was it taking in a public place hence Three Years Jotna group does not need any permit from any authority to hold their event. B.O. Semega Janneh is a private place where users pay the owners to use it.

The Public Order Act defines private premises as a place that the public has access (whether on payment or otherwise) only by permission of the owner, occupier or lessee of the premises. A public place is defined by the Act as a highway, public park or public garden, road, public bridge, beach, land, square or thoroughfare, etc. Clearly B.O. Semega Janneh Hall does not qualify for any of the definitions of a public place, but rather it clearly falls within the definition of a private premises.

Since its creation scores of Gambians have hired this hall to host their wedding ceremonies, meetings, birthday parties, fundraisers, workshops among others. None of the people who use the place ever requested for a permit from the Gambia Police or the Mayor of KMC or the Alkalo of Bundung in order to host their event there. Therefore, why should Three Years Jotna people be required to obtain a permit to use this hall?

Furthermore, Section 6 of the Public Order Act only requires any person or group that wishes to use a loudspeaker in a public place to request for a permit first. On this provision also the Three Years Jotna people do not need a permit simply because the venue is a not public place as defined by the Act even though they will use a loudspeaker. Therefore, why did the IGP stop this group from holding their event which is not a procession or a protest? Rather it is merely a fundraiser!

What is even more perplexing about the action of the IGP is the fact that just last month the Minister of Justice had placed an amendment bill before the National Assembly to amend Sections 5 and 6 of the Public Order Act. In the bill the Minister was seeking to amend Section 5 by discontinuing the permit and to replace it with a notification system. That is, citizens will not have to request for a permit but will only notify the police within six (6) days of their planned procession. In that same bill the Minister was seeking the total deletion of Section 6 which is about requesting a permit for the use of a public address system.

These proposed amendments point to the fact that indeed the Government is aware of the obnoxious nature of the Public Order Act which is not only unconstitutional but also against the norms of international human rights norms and democracy standards to which the Gambia is a party. Bearing that in mind it is indeed extremely contradictory and worrying that the same Government will now stop a group of citizens from assembling within a private property for just a fundraising event.

In December 2019 we saw the Gambia Government issue a permit to the Three Years Jotna group to stage a protest even though under very inhuman conditions. Because of that we saw how the Government jumped to brag about how democratic they were to grant such a permit. From the President to the Vice President to Ministers and other senior officials everyone used every opportunity to tap themselves on the back for respecting the rights of citizens and upholding democratic norms. Yet yesterday all that the Government could do was to deny that same group from holding a fundraiser!

The actions of this Government yesterday must be a clarion call to all Gambians that this country has no committed leadership to the norms and standards of democracy. Clearly this Government is inclined more toward dictatorship than democracy. One has to only look at its decisions and actions to clearly see that the Government is not amenable to democracy – which is to ensure transparency, accountability, adherence to the rule of law and protection of human rights.

In most instances this government is not transparent and accountable to citizens and always seeks to threaten and limit or deny human rights. For example, where it cannot deny a permit for a public assembly it makes sure it restricts that assembly to only a couple of hours or confine the assembly to a remote place such as between Sting Corner and Denton Bridge. Not long ago security chiefs sat on National Television to lie and threaten Gambians for merely exercising their democratic rights guaranteed by the Constitution. Not long ago this President sacked a National Assembly Member with impunity while at the same time refusing to fulfil the mandatory two nationwide tours as stipulated in the Constitution!

Furthermore, we have seen uncountable incidences of corruption and abuse of power in total contravention of the Constitution perpetrated by the President, Ministers and senior Government officials. The Banjul Road Rehabilitation Project, the Semlex contract, the Huawei contract, the fishing contract with EU, the Anonymous Donors as well as the audit report of the 7 SOEs are few of the massive acts of corruption and abuse of office that are perpetrated yet ignored or covered up by this Government with impunity not to mention several wrongful dismissals of public servants for political reasons.

It is high time Gambians realise that Dictatorship is fast creeping back into our country once again. If we could allow the IGP to stop a fundraiser in a private place, sooner than later we will begin to see Gambians arrested at midnight in their homes or tortured under detention and then forcefully disappeared or summarily executed. Let all citizens condemn this act of abuse of power by the IGP and demand that the Government upholds the rule of law and refrain from violations of our rights.

Meantime I strongly advise Three Years Jotna to go to court to sue the IGP for arbitrary destruction of their constitutionally guaranteed right to freedom of association and assembly.

Furthermore all political parties, the Gambia Bar Association, TANGO, The Gambia Press Union, GCCI, Gambia Trades Union Congress and indeed all citizens and their associations must condemn this act and demand the police to withdraw forthwith.

For The Gambia Our Homeland

NPP Manifests Betrayal of the Republic by Both Barrow and Coalition Leaders!

The Gambia is a Republic hence it must be clear to all and sundry that each and every citizen is equal in sovereignty, rights and dignity. There are no first and second class citizens or majority and minority citizens. All are equal before the law. Hence no single individual should be allowed to toy with the Republic just to suit one’s whims and caprices.

 

The creation of the National Peoples Party by Pres. Adama Barrow cannot and must not be taken as the formation of any political party in this country. This is because the circumstances of the Republic since 2016 leading to his presidency were not ordinary. It was the creation of a Grand Coalition of all seven political parties and an Independent Presidential Candidate in response to a generation of dictatorship that brought Adama Barrow as President. In fact, in the December 1 polls the electorates did not primarily vote for Candidate Adama Barrow. His election was a response to oust the Tyrant Yaya Jammeh such that anyone in Barrow’s position would have won that election.

 

The striking objectives of that Coalition was to end self-perpetuating rule, reform the State and transform the polity into a true democracy that will usher in an era of good governance in the country. Hence the Coalition Agreement was to institute a transitional government of three years to do a set of constitutional, legal and institutional reforms. The president of that transitional government was to conduct elections in which he or she will not seek re-election but to ensure there is a level playing field. In fact, that candidate was to resign from his or her party just to stand as an independent presidential candidate. This is why and how Adama Barrow became the third president of the Republic of the Gambia.

 

The mandate and the position that Adama Barrow acquires is the property of the people. In other words, the Presidency belongs to the Republic, i.e. the People of the Gambia who are the only legitimate power and source to deliver that Presidency to whoever they so wish. Therefore, whosoever intends to acquire that Presidency must do so through means that are both legitimate and legal.

 

Hence by creating the NPP it means Adama Barrow intends to flout the Coalition Agreement by holding onto power beyond three years. NPP means Mr. Barrow is usurping the 2016 mandate of the people to use as a means to further stay onto to power beyond five years. This further means that Barrow was not honest to Gambians when he claimed to accept the terms of the Coalition and to serve as their presidential candidate in 2016. Now that he won that election and assumed the presidency only to abandon that Agreement therefore means Adama Barrow wishes to acquire and keep people’s mandate through illegitimate means. Indeed, if Gambians had known that this would be the outcome of electing Adama Barrow as President there would have been lot of apprehension to vote for him back then.

 

The creation of NPP therefore is the final thread on the cloak of betrayal with which Mr. Barrow has wrapped himself since he took public office. Yes, Adama Barrow like any other citizen has a right to seek election into public office. But no Gambian has a right to use subterfuge to acquire and stay on in public office. That will tantamount to theft which is inimical to the norms of democracy. As a Republic, citizens must not allow any individual to toy with the mandate of the people expressed in elections.

 

What the creation of the NPP also demonstrates is the disgraceful failure of leadership of the parties and their leaders who created the Coalition. Political parties are primary governance structures whose mandate is to hold the Government and each other accountable. Hence the political parties must not stay as bystanders or flip-flopping on issues that carry the destiny of the country. Unfortunately, this is what the Coalition parties did exactly.

 

For example, just as Adama Barrow reneged on his own word we saw how UDPs’ Ousainou Darboe and his entire party also flip-flopped on the Agreement by standing with Barrow for five years until they fell out. It was utterly wrong for Mr. Darboe to dismiss that Agreement on the basis that it was not signed when in fact he knows that it was on the basis of that Coalition Agreement that Adama Barrow campaigned and got elected. As the largest party in the Coalition as well as the biggest beneficiary of the regime change brought about by the Coalition UDP had both moral and political obligation to ensure that the Coalition Agreement stands to the letter!

 

Similarly, we also saw how PPP’s OJ Jallow jumped back and forth between the three and five years’ agenda only for his entire party to finally side with Barrow in disregard of the Coalition Agreement. As a leading senior political figure who had earned the respect and admiration of many Gambians for his consistent and brave stance against tyranny, OJ should have remained as that voice of conscience to defend the Coalition Agreement and not to betray it.  The rest of the Coalition members – GPDP, NRP and NCP – remained indifferent therefore betraying the Coalition Agreement just because they hold positions in the Government. Meantime GMC only came to reject Barrow because their party leader ‘left’ the Government. Until then they knew very well that Barrow has already betrayed the Agreement but never said anything. While PDOIS leaders spared no opportunity to eloquently explain the rationale and processes of the Coalition yet they also washed off their hands thus leaving Adama to decide as he wishes. For Mrs. Fatoumatta Tambajang and Dr. Isatou Touray, one wonders whether they ever knew if there exists something called ‘Conscience’?

 

The Coalition MoU and Manifesto have clear objectives and actions to execute. These are mainly constitutional and legal reforms. Yet since assuming power at both the Executive and Legislature, neither Barrow nor the Coalition parties embarked on these necessary reforms. The only time Barrow proposed constitutional changes was to enable him to appoint Tambajang the Vice President.  The other constitutional reform was to protect NAMs from losing their seat through a private member’s bill put forward by NRP’s Samba Jallow. The only legal reform was the Elections Act to reduce nomination costs. Why did they fail to amend the Public Order Act and many others which were stated in the MoU and the Manifesto?

 

Why should these parties and leaders behave this way? Why is it that none of them stood up vigorously from the very beginning to demand that the President honours the Agreement in practice? Why is it that none of them stood up to loudly put it to Adama Barrow that he was diverting from the Coalition Agreement from the first day he took office? The way and manner Barrow formed his Cabinet was against the terms of the MoU yet no party or leader came out publicly to put it to him that he was betraying the MoU? Even when Darboe said the Agreement or MoU was not signed how come no other Coalition leader produced the signed copy to provide him wrong? Who is keeping the signed copy and refusing to show it to the people? Indeed, these parties have more than enough means and resources to make sure that Pres. Barrow respect the Agreement.

 

In the first place these parties are in control of the National Assembly where they could have passed various laws or amend the Constitution to ensure that system change indeed takes place that will make Barrow honour his word.  But none ever put up a proposal to that effect before the parliament! Secondly these parties could ask their supporters and citizens in general to get ready to demonstrate against any illegitimate aims of the President. They failed to do that too. They could as well go back to the international community to re-engage given the role ECOWAS, AU and UN played in the change we have now. They failed on that score as well. Rather all of the parties said either of two things; first, at best they can only remind the President to honour his word and leave it there or second, at worst to prepare for 2021 elections to challenge him at the polls. That is indeed a very unfortunate positon for political parties to take in the circumstances.

 

Clearly the response from the Coalition parties is nothing but an abdication of duty, i.e. to merely claim that the choice is with Barrow to respect the Agreement or go along with the Constitution. Indeed, these parties including Adama Barrow were well aware of the presidential term in the Constitution but they opted for three years. Therefore, they bear responsibility for the election of Adama Barrow and therefore they cannot just wash off their hands at the very end by claiming it is a matter of choice for the President to take. No. Rather the political parties have a duty to defend their Agreement to ensure that it stands. By so doing they would have been defending the sanctity and the dignity of the Republic that no one will assume people’s power through illegitimate means by subverting the mandate of the people.

 

The parties should have stayed resolved that they will not allow any betrayal of the people. We saw in 1996 how Yaya Jammeh also reneged on the agreement to serve only two years and then go back to the barracks. But just like Yaya back then, Barrow also claims today that he would rather stay on in response to popular demand! I wish to put it to the Coalition leaders that the issue of the Coalition Agreement is not an individual matter that could be left with only the President or any single party leader. Rather it is the individual and collective responsibility of each and every political party to make sure that this Agreement stands. Otherwise what the formation of NPP manifests is the gross failure of leadership by the political parties as they stand by to allow the bastardization of the Republic by one person just because that person is the President. Public office must not be left in the hands of one person to play with anyhow.

 

For the Gambia Our Homeland

…………………………………………….

Madi Jobarteh

Skype: madi.jobarteh

Twitter: @jobartehmadi

LinkedIn: Madi Jobarteh

Phone: +220 9995093

 

KEBBA NANKO – OPINION: President Barrow should sue Three Years Jotna movement to court

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I want to congratulate the 3yrs Jotna movement for organizing a protest that was well coordinated and peaceful. The government and the security acted professionally and lawfully to ensure Citizens can express their grievances to the executive without any intimidation, fear of arrest or disappearance.

This is the first time in my life in witnessing such a magnitude of protest which ended in high note of peace and, orderly manner.  Giving I was a living witnessed during the April 10 and 11th demonstration in Brikama-ba during which I saw my fellow students been gunned down, tortured while others were subjected to inhuman treatments at the hands of their own government, that unfortunate incident still lingers on and, yet still as it lives on I am still compounded with fear of any known protest, giving what I for what I saw was quit traumatizing to say the least.

That the primary role of any government is to actively respond to the needs and aspirations of its citizens and to ensure their rights are protected, preserve and that they live in peace, dignity, and harmony.

What I saw on the 16 December, 2019 is a win for the Gambia that needed to be celebrated by all. As Hon. Omar Jallow (OJ) one said; ” if the government is afraid of its people there is  democracy, but if the people are afraid of the government then there is dictatorship”, what I saw is a clear testimony of government fearing his people which is a great achievement of our developing democracy after 22yrs of oppression.

The 3yrs Jotna movement demands in their petition seriously need to be addressed urgently as their demands need to be tested by the highest court of our land.  I agreed with them that they have the rights to protest and must be giving the required protection to do so, but I strongly disagree that they have the powers to forcefully remove the sitting president from office just because he made a promised which he now didn’t want to fulfill. The constitution is there to prevent and encourages certain traits in the way and manner one should behave.

As citizens when we follow rule of law it will be a valuable traits in our country that we can passed down from generation to generation, and it will improve the efficiency and production of our country, failure to do so will significantly causes the collapse of our Country, and then disunity will persist.

As Gambians, we are all obliged to protect and defend the constitution and must not allow individuals or political ambitions to cloud our collective responsibility to defend the constitution by allowing some Gambians to act illegally. 3yrs Jotna’s movement has the right to petition the president as a way to remind him about his promises, and anything beyond that will be consider unlawful and, civil societies should not be seen as anti-government by supporting anything whether legal or illegal, that will be an abdication of responsibility or insincerity of civil society organizations in the Gambia. What is correct is every Gambian including the president rights must be protected and defended as far as their actions are within the remits of the law.

In contrast, the Barrow for 5yrs is also in preparation to protest that President Barrow must complete his 5yrs term. These two groups could easily create a significant conflict in the Gambia hence both sides wouldn’t relent. Therefore, if the 3yrs Jotna movement is confident that they have legal grounds then they should sue the president likewise the 5yrs movement should petition the 3yrs Jotna movement and have the court redress these issues.

What is looming in the Gambia can be very catastrophic for the small Gambia hence its citizens on both sides are ready and willing to fight for something that is not within the confines of the law. Think about it for a minute if the 3yrs Jotna and 5yrs movement all went out on the 20th January 2020, how would our country look like? Is it something that can finally lead us to civil war as so many things are grooming in that small Gambia from tribes, religion, politics, etc. All this will come in to play and would take us so many years to bring back sanity in our country.

If both sides 3yrs Jotna and 5yrs movement failed to take the issue to court, individuals, organizations that are there for the best interest of Gambia should take the matter to the court. I expect the bar association who is the custodian of the law to defend the constitutional provision by suing the side that is acting illegally before things go out of hand. Yet still President Barrow himself should sue the movement that is hell-bent to violate his rights.

Finally, if actions are not taking now to resolve this matter we will live in the Gambia that will be lawless and President Barrow will not be the only one affected, but a lot of Gambians hence it will come to time even President barrow resign there will be instability and the people will continue to fight each other.

Kebba Nanko, New York

Like brother, like brother: Barrow follows in brother Macky Sall’s footsteps by choosing horse as party’s symbol as his party gets registered

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By Lamin Njie

The Independent Electoral Commission has registered President Adama Barrow’s party, ending months of speculation.

President Barrow has in the past months tossed the idea of forming his own political party and in November, he announced his party would be registered by the end of 2019.

On Tuesday, the IEC confirmed the president’s party, the National Peoples Party, has been ‘duly’ registered as a bonafided political party. IEC said Mr Barrow’s party have met all the requirements for registration under Section 105 of the Elections Act of 2009 as amended.

President Barrow is the party’s interim secretary general and leader. The party will be headquartered in Churchill’s Town.

However, one thing that will catch the attention of many is that the president has chosen a white horse as his party’s symbol. A brown horse is the symbol of the party of President Macky Sall of Senegal, Alliance for the Republic.

The Fatu Network’s top 5 events of the year

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2019 is a truly memorable year. The year was littered with a lot events and some of these events have already left lasting marks on the future of our country. The Fatu Network has compiled a list of the top five events of the year.

1. FORMER PRESIDENT SIR DAWDA KAIRABA JAWARA’S DEATH

Former Sir Dawda Kairaba Jawara died on 27 August 2019 at his home in Fajara aged 95. Sir Dawda was the country’s first president who was largely credited for leading the country’s independence struggle in the 1960s. In 1965 when The Gambia gained independence, Mr Sir Dawda became the country’s first prime minister. Five years later, he became the first president when The Gambia became a republic. He remained in the role until 1994 when he was removed from power in a military coup led by former president Yahya Jammeh.

At his funeral on 30 August, attended by Gambians from all walks of life including his two widows Chilel and Njaimeh, there was no shortage of encomium.

Veteran lawmaker Sidia Jatta was among a raft of speakers who paid homage to Sir Dawda describing him as ‘immortal.’

“Immortals are those who stamp the world with their stamp. Some would put it parabolically as leaving indelible footsteps on the sands of times. Those are the people who live their lives in the service of others, and if they are believers they live in the service of God. Sir Kairaba Jawara was an immortal,” Jatta said.

Omar Jallow, the man who served in Sir Dawda’s cabinet for 13 years as minister said the former president was the ‘greatest son’ of The Gambia.

“He championed the independence of this country and became our first prime minister. Gambian interest comes first and Sir Dawda played that role and he respected it,” Jallow said.

2. TRRC

The TRRC is Number 2 in our list. The investigation was set up in 2018 to look into the human rights violations and abuses of the 22 years rule of former president Yahya Jammeh.

The probe held its first public hearing on 7 January 2019 in a session graced by Gambians from all walks of life among them The Gambia’s vice president at the time Ousainou Darboe.

Speaking during the opening ceremony, Dr Lamin J Sise the chairperson of the TRRC said it was time to find the truth and justice, heal the nation and then move forward as one people.

The probe then went on to broadened its work to include some of the most horrendous human rights violations to have taken place during Mr Jammeh’s rule. Some of the developments at the TRRC that will forever remain in the hearts and minds of Gambians include the November 1994 attempted coup in which at a least a dozen soldiers were killed and the savagery of Jammeh’s killer squad, The Junglers.

The TRRC however faced its first real test in June 2019 when Yankuba Touray appeared before the commission but refused to testify. Gambians will never forget the drama that later followed.

3. THREE YEARS JOTNA PROTEST

Three Years Jotna’s protest is Number 3 in our list. President Adama Barrow came to power in 2016 through a deal that says he should serve a three-year term and step down. But soon after assuming office, Mr Barrow started displaying signs of a man who clearly did not want to leave power any time soon.

He began getting angry whenever he’s asked about his three years pledge but the straw that broke the camel’s back came at a rally in Brikama where he said he will serve for five years whether one likes it or not. His astonishing U-turn culminating in the forming of pressure group Operation Three Years Jotna that is spearheading a campaign aimed at ensuring he leaves office by 19 January 2020 when the three-year term would end.

The conception of Three Years Jotna dates back to 2018. The group was issued a permit on 9 December 2019 to protest against President Barrow’s plan to stay in beyond three years.
On 16 December 2019, thousands of Gambians took to the streets to demand President Adama Barrow step down from power.

The protest was in the form of a walk from from Sting Corner to Denton Bridge as the protesters shouted, ‘three years, three years’. They later handed a petition to government spokesperson Ebrima Sankareh and asked him to take to President Barrow. They told President Barrow in their petition that he should step down by 19 January 2020.

4. BARRA ‘BACK WAY’ TRAGEDY

Number 4 on our list of the top five events of 2019 is the Barra ‘Back Way’ tragedy.
Barra and other Nuimi towns have largely remained offhand where other Gambian towns have stood out in terms of the irregular ‘Back Way’ migration.

All that changed in December 2019 when Gambians awoke to news of the death of at least 60 Gambians after they boat they were travelling in to Spain ran into trouble and capsized near Mauritania. Most of them where from Barra and the incident marked the single biggest migrant disaster of the country in years.

What however made the Barra migrant tragedy more troubling is that fact that the women of the town are as interested in ‘Back Way’ as their men counterparts. And when it emerged that 11 of the 13 women who were onboard the 150 doomed migrant boat, this fact was better appreciated.

The United Nations later described the incident as the worst migrant disaster in West Africa in 2019.

5. PRESIDENT BARROW’S SACKING OF HIS VICE PRESIDENT OUSAINOU DARBOE

Number 5 on our list of the top five events of 2019 is President Adama Barrow’s brutal sacking of his vice president Ousainou Darboe in March 2019.

When Darboe was released from prison in 2017, there was no sign that his relationship with President Adama Barrow would ever crack. It was simply just everlasting.

Darboe even heaped praise on President Barrow saying he was to The Gambia what Moses was to Israel, after the Gambian leader fronting Jammeh’s slaughtering at the 1 December 2016 elections.

Darboe and Barrow were like father and son. President Barrow had previously hailed Mr Darboe as his political father. After winning the 2016 elections, he bragged that it’s only a wayward child that would allow his father’s house to fall apart as he told of how he stepped into his father’s (Darboe’s) shoes after he was arrested in 2015. And so how father and son ended up forsaking each other, forever, is what is still shrouded in mystery.

After his sacking on 15 March 2019, Darboe cornily joked: “I think the bus conductor has decided it is my time to get off the bus.”

Foreign minister Tangara meets US ambassador

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Press release by foreign ministry

As part of his regular diplomatic consultation, the Honourable Minister of Foreign Affairs, International Cooperation and Gambians Abroad, Dr. Mamadou Tangara, on Monday 30 December 2019 met the Ambassador of the United States of America to The Gambia, H.E. Richard C. Paschall, in his office in Banjul.

In his welcoming remark, Dr. Tangara thanked Ambassador Paschall for the normal diplomatic exchanges. During the meeting, the two sides discussed and shared views on bilateral and international issues. Ambassador Paschall used the opportunity to thank Dr. Tangara, for organising a briefing on the alleged Diplomatic passport scandal for the Diplomatic Community.

Ambassador Paschall further thanked the Government of The Gambia for taking the alleged Diplomatic passport saga very seriously. He however urged the Government to update the Diplomatic Community regarding the status of the investigation.

It may recalled that the Ministry of Foreign Affairs organised a briefing session with members of the Diplomatic and Consular corp on the 16 September 2019 to update them on the status of investigation in connection with the Diplomatic passport scandal.

During this briefing, the Minister of Foreign Affairs, Dr. Mamadou Tangara, used the occasion to inform the Diplomatic community regarding the current structure put in place relating to the issuance of official passport and entitlements and privileges accorded to Representatives of International Community in The Gambia.

The Honourable Minister also highlighted the Government’s resolve to get to the bottom of the matter and resolve the matter accordingly.

The December 30th coup in focus

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By Lamin Njie

It was supposed to be the moment that would finally see Yahya Jammeh yanked out of power, the moment that would finally afford Gambians a new start. And the moment that The Gambia would look to the future with optimism.

The plot to overthrow Yahya Jammeh five years ago is one that continues to retain huge Hollywood importance. Only that this was not a Holywood movie. It was a real event that involved former soldiers slipping back into military gear and venturing into what would become the most dangerous military enterprise ever.

On 30 December 2014, a group of dissident Gambians, most of them with military persuasion launched an early morning attack on State House while President Yahya Jammeh was out of the country. The attack was quickly repelled. Three died, four escaped and one was arrested. The next day, the government issued a statement saying it was a terrorist attack.

Lamin Sanneh was the ringleader of the coup. The 36-year-old was a former commander of State Guard. He had fled to the United States in 2013 after he fell out with Jammeh. He then returned two years later on a mission that was not only meant to settle personal scores but also to save a country that has been held hostage by a brutal dictatorship. He was among the three people who were killed.

The coup took place while President Jammeh was out of the country. He was reportedly in Dubai and when he returned, he invited GRTS and Daily Observer to State House and told their reporters the attackers were terrorists backed by foreign powers.

It was not known at the time where the Jammeh government buried the bodies of Lamin Sanneh, Njaga Jagne and Jaja Nyass. It was in 2017 when the Barrow administration found out they were buried in a forest in Foni. The bodies were then exhumed as part of their investigation into the human rights violations and abuses that occurred during the 22 years rule of former President Jammeh. In January this year, the bodies were handed over to their families at a ceremony held at the ministry of justice in Banjul.

The fight to end the Jammeh dictatorship took different forms. The December 30th coup was one form. But the fact that this coup was planned all the way in United States and Europe makes it a unique event in the history of The Gambia. After the coup, Jammeh bragged that he would rule for one billion years only to receive the shock of his life at the polls in December 2016. He now lives in exile in Equatorial Guinea.

President Barrow: three or five years? The problem is elsewhere

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For some time now, some members of the community have been heard in every corner of the country and throughout the diaspora protesting the durability of the mandate of the current president of the Gambian Republic. Regardless of ethnic, linguistic and ideological differences, most of the components of these groups of protesters discuss the legitimacy of the president after three years in office contradicting what he had promised the public opinion during the campaign era of 2016. Without seeking to justify any position, for or against, it is worth remembering the historical facts behind such an increasing and dynamic social movement today.

In a very tense pre-post electoral context, where the former president Yahya Jammeh had put thousands of obstacles to his opponents to perpetuate himself within a system that he had been leading for more than two decades, the then candidate of the coalition-opposition movements and current president promised to reduce his mandate to three and govern by a single legislature, and being his unique purpose the concord, national unity and guarantee of the rule of laws that had been transformed into the strict-personal will of the former president and not the respect of a social testament through a system of democratic public organization.

As a young student who witnessed the arrival of President Jammeh and his painful departure (forced and necessary), twenty-two years later, we are obliged to realize introspection. Among others, Gambia as a model of human rights, coexistence, peace, stability and a consistent democracy during the era of Sir Dawda Jawara, although economically stagnant, thus later turned into a nation depressed and oppressed by a military regime that trampled all laws to satisfy the ego of a “character”. During the two decades of the APRC government, we have witnessed all kinds of violence, repression, threats, uncertainty, economic backwardness and an international isolation from the warmongering policies and declarations adopted by the previous administration.

From there we went from having a peaceful state, courted by the majority of tourists and the international community for its sociological stability that had been grounded in the harmony and communion of communities and religions, but with the unlimited and inconceivable political strategies rooted in the ambitions of a unique being to the political system arrived in a monarchical-religious state, not based on the religious ideology itself, but on the cult of a character who saw himself as a semi-god. His rigid and thoughtless posture introduced the country into a maze, instability and fear of a possible episode of ethnic confrontation similar to dark days vivid in Rwanda and Republic of Central Africa. Thankfully, it did not reach the levels of Libya post-Gaddafi.

Thanks to the diplomatic maneuvers of neighboring countries, ECOWAS, African Union and the United Nations, everything was limited to a mere scare and the country was able to regain its dignity in the eyes of the world that kept looking at what was going on “that little country” as some international media used to title; The Gambian community abroad, for the most part, experiencing bitter nights, worried about their relatives, thousands of kilometers away from their homes; fake news and uncertainty, creating more tension than the political reality itself, especially the constant retractions of President Jammeh.

Three years after that fateful episode, and despite the efforts made by society to reestablish dialogue and reconciliation through the composition of the Truth and Reconciliation Commission, and the wounds still taking time to heal completely, the voices of a new conscious and critical generation -mostly youths craving freedom and a new system- take to the streets reminding President Barrow to comply with his promises. Promises that in themselves pushed many citizens to vote in his favor, but today should we grant him the right to be mistaken for his lack of political experience? Many times, the electoral promises and the state reality go in opposite directions, especially in our countries, where frequently, the outgoing administration inheritance is usually catastrophic due to the mismanagement of public affairs and the distribution of common goods to favor a family, clan and closest friends, while the population succumbs to poverty and the country appears on the list of the world’s poorest nations.

Reason why we could affirm that the current tenant of the presidency is trapped by the political reality that surpasses his will and supposed “good faith” to keep his word. Not only does the population require urgent and pragmatic reforms, but the political survival of its project is at stake because he came to power under a coalition; an alliance where each party is weaving strategies to occupy the chair in the next elections. In fact, we have seen how divergences have led to the break between President Barrow and his former Prime Minister Ousainou Darboe. Not being Machiavellian, but having all these factors and the pressure of international institutions to make reforms, the president has no choice but to extend his term to five years. Because the temporary durability of mandates in Africa is different from the rest of other areas where industry and economic progress rarely depends on the government, however, in our countries, all socio-economic development is expected to come from the national leader.

And seeing the urgent needs that the country faces, I doubt that a three-year term will be enough to allow the president to fulfill all his electoral promises. Unless he decides to follow the greatness of Nelson Mandela, that is, to use his mandate as a period of national healing and the restoration of institutions, then organize free elections and make a peaceful and democratic transition. That said, I do not defend any position in favor of the administration, but I make a simple analysis of the situation and the political reality in which the country is at the moment. Forcing the president to leave power right now when the necessary reforms have not been fulfilled is also not a responsible idea; especially, if we take into account the necessary reforms in the military department for the stability of the country, seeing the context of regional instability, organize crimes and terrorism.

But this is not going to be an easy task, rising awareness and lessons learned from the previous dictatorship has meant that in The Gambia and in all African youths, a hunger for democracy is developing, a new methodology, paradigm shift and a more democratic way of governing, especially with the inclusion of young people seeing their importance and demographic weight and their handling of new technologies that positions them at the same level as the rest of the world youth.

We can discuss whether or not the problematics and answers are timely, given that the context calls for focusing on other urgent priorities for the country. But seen from the anthropological dimension, ethics and tradition, the fact of giving his “Word”/electoral promise has a very important significance in our communities. Historically, in our societies, when a social leader or patriarch gave his word of honor, he was expected to fulfill it as a moral reference. The word given had legal validity, which means a commitment and an obligation. And in this case, the president could be criticized for not fulfilling his (voluntary) promise to the people or having made a wrong strategic-communication when he issued those promises since he spoke based on people’s emotions and not on the basis of a rational political calculation. This is a common mistake among African leaders.

And mistakes like this are not acceptable by the present generation. Leaders are required to be consistent in their political speeches and never take society as “a childish club” that can be deceived based on variable songs.

Exercising his faculties, he told the public that his voluntas (ambition) was to make a term of three years as a preliminary stage of bringing together the diverse forces towards a more democratic transition and restoration of the credibility of the institutions that had succumbed during the previous era. As President Obama said, Africa does not need strong men as it is usually conceived, but strong institutions capable of guaranteeing rights and social progress.

However, there is also the legal-ethical dimension that can make the issue more complicated. Even if the president wishes to reduce his term to three years, and as a result of the constitution saying otherwise, he would have no alternative but to respect the law, since he is expected to be the first of the citizens to comply with the laws of the nation. You could only talk about other solutions: a referendum where the people would dictate their will, or the materialization of his free and uncoerced resignation … which is not the case here. So, given the massive discussions about the legitimacy of his continuity in power, what we could say is that, without being in favor or against the administration, the urgency is not in the question of the mandate itself.

Transition periods are never easy in Africa, especially after the nation had lived two decades of oppression and the violation of the fundamental rights of citizens. The national rupture based on ethnic-religious favoritism and economic waste to the detriment of other cultures-minorities produced sequels that the current administration is responsible for healing before talking about elections. The task of the president at the moment must be “paternalistic” in the sense that he has to federate the forces and communities before the elections or his possible resignation, otherwise the country plays instability, especially after the new constitutional reform that positions the country as a Muslim State. This is a huge error, and a very sensible question that needs to be treated with rationality and dialogue.
What is the place of those citizens who profess another religion or none? The state must be secular not in the European sense (inherited from the French Revolution of 1789), that is, the denial of religion in all its forms, but rather be the representation of the Republic in its philosophical and modern sense: the center of national unity and guarantor of the fundamental rights of its members. This is the most important task, even before talking about economic progress, because without a solid constitution, it is impossible to gain an atmosphere that allows any type of activity generating resources and well-being.

The Gambia, as a member state of the United Nations, is obliged to respect and enforce the Charter of Human Rights adopted and ratified by most countries. This implies respect for the rights of minorities guaranteed by the supreme law: national Constitution.
In this sense, after a fierce dictatorial era that limited the progress of freedoms and the economy, the most urgent thing that the current regime needs is to lay the foundations to guarantee institutions capable of building and ensuring democracy and social justice. Among these tasks is the necessary and imperative revision of the new constitution. It seems dangerous to me to denominate the country an Islamic state when it is a nation made up of different creeds and worldviews. Although the vast majority of the population is Muslim, the Islam practiced in the Gambia is not the same as in some Arabic countries. We have our customs-family alliances governing our communities long before the advent of monotheistic religions to our borders. Many social structures and families share the same last name; economic and socio-professional activities are composed of people of different religions but in everyday life these differences are never manifested, because the country is built on pillars of tolerance and acceptance.

We cannot fall into the error of ethnonationalism and the idolization of public space that is becoming a source of tension in many communities. Constitutions are not changed seeking political interest, but the guarantee of collective coexistence with equal conditions for all components of society. And in this sense, with this new constitution which is being generated it is the germination of a silence violence-exclusion that can be dangerous in the near future. Hence, it should be recommended to the current administration that, their task is always to listen carefully to the vox populi, which is what defines sovereignty. No leader has legitimacy if he does not have the legal support of his citizens.

Hence without the need to mention the debate about whether President Barrow has to keep his word or govern two more years, among the things the country needs is to transform its economy, make it more dynamic with ambitious reforms not ordered by the international economic institutions, rather seeking her own socio-economic model, national interest and inclusion of its citizens in the local economy-private sector; attract local-foreign investors in strategic areas to help develop a solid economy. But above all, the industrialization of the country, taking as a first alternative the creation of a new capital city, that is, making the administrative center a well-positioned site capable of connecting all regions and with a connection to the international world. The local economy cannot depend solely on tourism and importing. But the industrialization of the mayor economic sectors.

This leads me to think that, in the face of the new debate about the ECO currency that the French-speaking countries of the region are preparing to incorporate, the leaders must not fall into the error of accepting it, because it is disastrous for the local economy, especially for export. It must only be accepted if it is considered as a regional currency endorsed by all ECOWAS countries and that the guarantees are not controlled by the French central bank. Independence is not only political, also monetary sovereignty. Better to preserve the local currency or create a more competitive one with countries such as Nigeria, Ghana, Sierra Leone, etc., than adopt the ECO as it was sold to us this week: French national interest.

The country faces challenges: urgent improvement of the education system, health, social justice, poverty reduction, lack of employment that pushes young people to migrate and die inhumanly, external indebtedness, chronic dependence on IMF, World Bank, and foreign aid policies. The leaders need to follow the example of the BRICS countries, the giant Asians who had our same level of GDP in the 1960s and today are among the most advanced. It is an imperative to encourage the Gambian intelligentsia​ in the diaspora to participate in national progress, not only by sending money to their families, but also in the creation of projects, sharing ideas by means of the new technologies in order to overcome the distance-barrier. For example, in the education sector, those in the diaspora can teach their siblings and transmit their knowledge through the use of new technologies. They can preserve their standard of living in their respective countries while contributing to the progress of the country from a distance. It only takes the political will and the availability of the rest of society to open up to the new paradigms and demands of the new era: knowledge economy.

Finally, the country’s position before the International Criminal Court is to congratulate. It is not a question of the defense of Muslims (Rohingya genocide) in Myanmar (Burma) or a religious ideologization, but of basic human rights. The guarantees of these rights have to be defended by all states imperatively. Being a small country does not mean the absence of own voice. The country must position itself in the decision-making centers that affect the course of humanity. Of course, as a recommendation, diplomacy has to be reformed to meet the new challenges and geopolitical contexts. Among these reforms, the selection process, appointment and training of staff. If the creation of a Diplomatic and International Relations Academy is expensive, another way would be through international collaboration to train its diplomatic staff.

Finally, instead of protesting, what we should do (Gambians, like all Africans) is, a mental/psychological transformation, the adoption of new paradigms and policies that meets the social demands. The others move forward while we are constantly trying to heal the wound that never heals: electoral problems in Africa and constitutional changes in favor of a few. Our era asks for renewed alternatives: democracy, transparency, knowledge economy, more weight for women and young people in the public space.

The writer, Maurice D. Samb, is a Philosopher and a PhD Researcher in Environment and International Security. He wrote from Spain

Misconceptions and Misinformation About Secularity Part 2

I have never doubted the continued existence and the future of the Gambia until the issue of ‘secularity of the state’ emerged following the release of the draft constitution for public review. I have come to see the rise of extremism on both sides of our religious divide that is just scary, worrying and sad. I, therefore, strongly suggest that the CRC Chair convenes an in-house closed-door family consultation between the Supreme Islamic Council and the Gambia Christian Council to provide clarifications, assurances and bridge the gap harmoniously over this issue so they can better engage their congregations on the matter.

 

Having said that let me state that my position remains that we should have the word ‘secular’ in the constitution simply to further reinforce the secularity of the state as enshrined in both the 1970 and 1997 constitutions. Both constitutions uphold the freedom of religion and the 1997 Constitution went further to bar the National Assembly to make a law establishing a state religion. The Gambia cannot be a religious state. Therefore, to attempt to twist and confuse ‘secularity of the state’ as anti-Islam is a manipulation that some people are perpetuating with the notion that they are defending their religion.

 

Yes, majority of Gambians are Muslims, but this does not give Muslims anymore rights over the other less populous religions even on the principle of democracy. I have heard many people argue that democracy is ‘majority rule’ and therefore this should reflect the fact that Muslims are the majority in this country. Indeed, decisions in democracy rests on majority but it is not to the detriment of the minority. The fundamental values of democracy are equality, inclusion, participation and representation. Hence it is not merely about the majority riding roughshod over the minority. That would be dictatorship.

 

In that regard I have noticed a very concerning view from many significant quarters who call for an outright ‘Islamic Republic’ on the basis that Muslims form the majority in the Gambia. One person even suggested to me, in defence of the ‘Islamic Republic’ campaign, that if the Christians were the majority then it would also be right to declare the Gambia a ‘Christian Republic’. Such a view is essentially saying that it is okay for the majority to own and rule!

 

The trouble with this view is that it ignores and violates at the same time the sovereign equality of all citizens of the Gambia as per Section 1 of the 1997 Constitution. Regardless of which section of the population of the Gambia forms the majority or minority the fact remains all citizens are equal in rights and ownership of this country hence the Constitution and state of the Gambia cannot be based on one particular section. This is why even political parties are not formed on the basis of tribe, religion or region so as not exploit the majoritarian argument hence undermine democracy and sovereignty of citizens.

 

Otherwise if we go by that majoritarian argument, then should the Mandinka people also claim to be owners and rulers of this country? Should the women also say they own and should rule this country? Should the youth also claim they own and should rule this country? This is because all of these groups form the majority by their sheer numbers. This is why it is such a wrong view to conclude that democracy is all about majority rule.

 

There is also the misconception that ‘secularity of the state’ will undermine Islam and Muslims in the Gambia. On the contrary I wish to posit that in fact ‘secularity of the state’ will protect both Islam and Christianity and their believers equally. For that let me point some of the misconceptions and misinformation that are being peddled in opposition to ‘secularity of the state’.

 

In the first place there is reference made to France which banned the veil in 2004 that some people claim that in future it is possible that someone may also call for the banning of the hijab in the Gambia. Those who perpetuate this misinformation, deliberately or not, refuse to state the full facts about this French ban. In 2004 when the French Parliament voted to ban the veil, the ban was only limited to public schools. Furthermore, the French law also bans the explicit wearing of all religious materials such as the Jewish kippa (i.e. the small hat Jews place on the middle of the head) and large Christian crosses. Therefore, it was not only about the hijab.

 

The French law permits ordinary signs of faith to be displayed. In public hospitals, schools and other public places the law requires state employees to respect the principle of secularism by respecting people’s religious preferences. In fact, recently the French Government has resisted calls from far-right groups to ban Muslim women volunteers who help schools during excursions from wearing a headscarf. In fact, as recent as October 2019 the French President Macron was heard speaking strongly in support of the Muslim population against the racist narratives from the far-right racist groups. Therefore, to exploit the French veil ban in the discussion about secularity in the Gambia is a misconception and a misinformation.

 

But let us look at Muslim majority states where many countries have banned the veil (from the hijab to the burqa) in public places such as schools, universities, restaurants, parks or in offices as the case may be. These countries include Tunisia, Tajikistan, Chad, Turkey, Azerbaijan, Morocco, Gabon and Cameroon including some European and Asian countries. What is clear in these bans is that they either relate to security concerns or other distractions as well as racism in other cases. Again, these actions are not caused by secularism.

 

There is also the false narrative that secularism means the demolition of mosques in public places and the outright restriction on Muslims to worship as they wish. This is utterly false because such an action would constitute a violation of the principle of secularism and the freedom of religion. Secularism is where the state does not side with any religion against another. Rather the state protects the fundamental right to worship which includes protection of religious sites and activities. Therefore, a secular state cannot be seen to violate or destroy the right to religion. As we see in France, the ban on the open display of religious materials in schools was not limited to Islam alone but also affects Judaism and Christianity which are the biggest religions in that country.

 

There is also the false narrative that the Gambia was not a secular state and so why introduced it now. The fact is that the Gambia has always been a secular state since 1965 as stipulated in its various constitutions. For example, in the 1965 Constitution, the right to freedom of religion is guaranteed under Section 19; in the 1970 Constitution this right is guaranteed under Section 21 and in the 1997 Constitution the right is guaranteed in Section 25. Furthermore Section 100(2) of the 1997 Constitution bars the National Assembly from declaring a state religion. It is only in a secular republic that the right to freedom of religion is guaranteed. In the Saudi basic law (since Shari’ah and the Hadith are their constitution) there is no such freedom of religion because Islam has been declared the State religion for all!

 

Some have argued therefore what is the point of having ‘secular’ spelt out in the constitution since Muslims and Christians having lived together for ages in peace and harmony in this country. What we must recognise is that laws are made to regulate life and human activities within a society with focus not only on the present moment but also in view of the past and the future. In the past we have had a president who unilaterally declared a state religion. Even though one may state that Jammeh violated the constitution because the law-making power rests with the National Assembly and they did not participate in that declaration, however the 1997 Constitution did not also state that a president cannot make such a declaration, whether that declaration can be considered law or not. Therefore, effectively Jammeh may be said to have not violated the Constitution.

 

This one act by Jammeh highlights the weakness of the Constitution in building fences to prevent abuse of power. Hence it is therefore necessary to state upfront in the new constitution that the country is secular to further reinforce that tradition since Independence. Furthermore, it could be stated under the powers of the Executive that the President has no power or authority or function to make a declaration or issue an executive order for a state religion.

 

Some have argued this is still not necessary because we saw how Yaya Jammeh however violated many other safeguards in the Constitution therefore what is the point of putting in higher fences if another president could also violate them. Well, this is the very point why those fences must be put there so that we could point out with clarity which fences were broken and by who. Without those fences we cannot hold any president or person accountable for violating them. Hence putting up those fences enhances accountability as well as protection.

 

Some people have come up with the idea that because Islamic law protects minorities therefore by making the Gambia an Islamic Republic will protect non-Muslims equally. I find this argument equally untenable simply because Islam and Muslims do not own this country. Their majority does not in anyway give them any right or power to determine the manner of governance in the country. More fundamentally when you institute a Muslim law or Christian law for the entire society there is no doubt that such law will negatively impact on those who do not belong to that faith sooner or later. Hence a state based on religion can only work conveniently and safely for a society with 100% believers of that particular faith. The Gambia is multireligious hence no one faith can be the basis for governance.

 

Many others went into dictionaries to copy and paste meanings of secularity and therefore conclude that secularity is anti-religion and therefore will deny believers from performing their religions. Well the point is that the literal meaning of ‘secular’ in any dictionary is anything that is not connected with religion, i.e. secularity is about mundane things. Of course, it is a fact that religion is inherently not secular but spiritual. All religions, especially Islam and Christianity teach believers to shun the secular and mundane aspects of life but to seek Heaven or the Kingdom of God.  But the State is not a human being. The State is not a believer of any faith. A secular state guarantees freedom of religion otherwise it is not secular at all.

 

The State is merely a set of institutions in which men and women work. Those men and women do have faith but when they go to work in a State institution they do not operate based on their beliefs or faiths. They operate based on a set of laws, policies, guidelines, regulations and tools and processes which are not based on any religion. But these laws, policies and tools do not violate one’s faith, rather they protect it. Therefore, if you wish to pray in the workplace you should have the right to have space to pray. This is why workplaces have mosques and chapels or prayer rooms to satisfy the right to worship by workers.

 

Secondly while religion is about the spiritual and secularity is about the earthly affairs of people, however the values that exist in secular laws and institutions can be found to be the same in religion. For example, the constitution and other laws condemn rape, stealing, lying under oath or misuse of public wealth just as it is in religion. However, acts of immorality and criminality do occur in every society, whether the law punishes it or not. Every week they cut off someone’s hand in Saudi Arabia for stealing yet stealing continues.

 

Hence the counter argument against secularity that it will promote homosexuality and same sex marriage are unconnected. There are multiple democratic and secular states that continue to ban homosexuality. Homosexuality is a matter of human rights and how much citizens are aware and appreciate rights in general within the wider context of political awareness. So long as that awareness is not there it means the acceptance of sexual orientation will be lacking hence homosexuality cannot be legalized.

 

However, it must be noted that what is moral or immoral in religion and culture and what is legal or illegal in law are sometimes not the same.  For example, Islam prohibits drinking of alcohol and eating pork, while both Islam and Christianity forbid adultery and fornication as immoral acts but such practices are not illegal by law. Hence to put forward the moral argument in opposition to ‘secularity of the state’ would be untenable where there are different religions. After all the Gambia Government continues to receive financial and material support from states around the world among which some are secular such as UK or France, theocratic such as Saudi Arabia or Iran and atheistic such as China or Cuba. So far no one ever said we return all support from those secular and atheistic states!

 

Religion is a huge resource only if believers act on the precepts. It is meaningless to claim to be a Muslim or Christian and to pray fervently yet one is corrupt, unjust, unfair and you discriminate and commit all of the evils that one’s religion prohibits. Therefore, for me the biggest threaten to Islam and Christianity in the Gambia is not ‘secularity of the state’. Rather the biggest threat is the very believers themselves who violate the values and standards of their faiths. Given the level of injustice and corruption in our homes, communities and in the public and private sectors I have no doubts that majority of our men and women are not abiding by their religious precepts. Otherwise if we truly uphold the values and standards of Islam and Christianity in our words and deeds it is clear that we would have had a very wealthy, peaceful and just society. It was not long ago when we had a leader who committed al forms of crimes and evil yet he was strongly supported and embraced by Islamic religious leaders!

 

In our society today the incidence of abuse of the rule of law, embezzlement of public funds, failure to work diligently and efficiently and sexual harassment of girls and women are rampant. The mere incidence of poverty in itself is a manifestation of injustice and discrimination in our society. Who perpetuates these crimes and evils other than our citizens who claim to be Muslims and Christians? Therefore, whether we are secular or not secular if we cannot ensure justice, fairness, non-discrimination and uphold the rule of law and the rights of all then what is the value of religion in our lives even if we are secular or a theocracy?

 

I hope as citizens debate on the soul of our nation we will be able to identify the fundamental and important issues that will serve to value all lives, protect all human rights and ensure that there are adequate opportunities so that no Gambian lives in poverty, deprivation and discrimination because of one’s religion or tribe or sex or disability or other status. In this world there are many countries – some are secular, and some are theocratic – yet many have failed to secure safe and advanced life for their all of their citizens. I hope the Gambia could.

 

For the Gambia Our Homeland

……………………………………………..

Madi Jobarteh

Skype: madi.jobarteh

Twitter: @jobartehmadi

LinkedIn: Madi Jobarteh

Phone: +220 9995093

Gambia journalism community thrown into mourning as eloquent Sarjo Barrow dies at 66

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By Lamin Njie

Veteran journalist Sarjo Barrow, who dedicated his life to a career in newsreading and translation of news from English to Mandinka, has died. He was 66.

Mr Barrow, who has been suffering from ill-health died on Sunday at his house in Brusubi. His career in journalism spanned 40 years.

Tributes poured in for the longtime GRTS man who started his career in journalism way back in 1979.

Canada-based Basidia M Drammeh said The Gambia has “indeed lost a golden voice that has reverberated across the length and breadth of the nation for about four decades.”

Ous Kanteh also paid tribute to Mr Barrow on Sunday saying: “I wonder if we can have a replica of Uncle Sarjo who had control over the flaw of Mandinka literature.”

Mr Barrow spent his last days reading news in Mandinka at Star FM.

The EU disburses 22 million Euros of Budget Support to the National Treasury of The Gambia

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Banjul, 19 December 2019

EU Budget Support and Technical Assistance contribute to macro-economic stability, economic governance and support the implementation of the National Development Plan as well as ongoing political and legislative reforms required to consolidate democracy and the sound management of public finances for the benefit of the population of The Gambia.

On 19 December 2019, the EU transferred a tranche of 22 million euros to the National Treasury of The Gambia, as per the State and Resilience Building Contract agreed between the European Union (EU) and the Government of The Gambia. Since EU and The Gambia intensified their relations in 2017, the European Union has so far transferred a total of 77 million euros in grant financial assistance to The Gambia to support reforms to improve its governance, public financial management and service delivery in the country.

EU Budget Support involves the transfer of funds directly to the National Treasury of The Gambia. EU-funded Technical Assistance helps to improve the overall capacity of Gambian administration to better manage its public finances.

With the transition to a democratic regime in 2017, the EU opened a new chapter in EU-Gambia relations. A programme of budget support and technical assistance is accompanied by a broad and intensive political and policy dialogue between the EU and The Gambia. Through its support, the EU contributes to the short-term stabilisation of public finances and to consolidating good economic and financial governance, the improvement of transparency and accountability while simultaneously supporting the ongoing political and legislative reforms.

“With this programme of Budget Support and the Technical Assistance the EU encourages the Gambian authorities to continue to improve management of public funds with the aim of advancing its National Development Plan,” says Ambassador Attila LAJOS, the Head of Delegation to the Republic of The Gambia.                        

Donald Trump becomes third US president to be put on senate trial after impeachment

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Donald Trump became the third president in American history to be impeached on Wednesday on a largely party line vote, setting up a formal trial next year in the Senate.

Republicans lawmakers rushed to the speaker’s dais to cast their votes by paper ballot, which means the votes had to be tallied by hand by the Clerk of the House. The usual procedure is for lawmakers to vote via an electronic system.

But Democrats used the electronic system and 230 voted for the first article impeachment – abuse of power. That number hits the simple majority needed for approval. There were 197 voting no.

Two Democrats voted against the article – Colin Peterson of Minnesota, who said he would be a no vote, and Jeff Van Drew of New Jersey who is reported to be switching to the Republican Party.

Speaker Nancy Pelosi voted yes, casting a rare vote. The speaker of the House typically does not vote.

Tulsi Gabbard, a Democrat running for president, voted ‘present.’ Justin Amash, the Republican lawmaker turned Independent, voted yes.

Trump was in Michigan for a campaign rally as the House of Representatives held its impeachment vote. He was speaking in Amash’s district.

‘By the way by the way it doesn’t really feel like we’re being impeached,’ he told the crowd.
He turned to bragging about his accomplishments, including the Space Force which was just established by congressional vote.

‘I’ll be able to tell my kids someday and everybody else, see that Space Force, that was my baby,’ he said, drawing a loud roar from the crowd.

The president was silent as he left the White House on Wednesday to head to his rally but he tweeted furiously throughout the day.

‘SUCH ATROCIOUS LIES BY THE RADICAL LEFT, DO NOTHING DEMOCRATS. THIS IS AN ASSAULT ON AMERICA, AND AN ASSAULT ON THE REPUBLICAN PARTY!!!!,’ he wrote in a furious all-caps assault earlier in the day.

Speaker Nancy Pelosi kept her Democratic lawmakers in line, with only a few Democrats defecting.

There are three not-voting congressional seats: the seats held by Katie Hill, who resigned, and Elijah Cummings, who died, have not been filled. Republican Congressman Duncan Hunter can’t vote after being found guilty of a felony.

Additionally, Republican Rep. John Shimkus missed the vote because he was on a pre-planned trip to Africa.

‘Long before today’s votes were scheduled, my wife Karen and I made arrangements to visit our son Joshua in Tanzania where he’s serving in the Peace Corps,’ he said in a statement.

The day-long debate on the House floor was a ping pong back-and-forth of one minute speeches were Democrats accused the president of using a foreign power to help him win the 2020 election and Republicans claimed Democrats were trying to over turn the 2016 contest.

‘This is not about Ukraine. This is about power. Donald Trump has it and Democrats want it,’ said Republican Rep. Matt Gaetz, one of Trump’s biggest allies on Capitol Hill.

‘Democrats may have won the house in 2018. But they haven’t forgiven Donald Trumper for having the audacity to win the presidency. And they haven’t forgiven you, the American people, for voting for him.’

Democratic Rep. John Lewis, a legend of the civil rights movement, urged lawmakers to do the right thing and vote to impeachment.

‘When you see something that is not right, not just, not fair—you have a moral obligation to say something, to do something. Our children and their children will ask us: “What did you do?”‘ he said.

Speaker Nancy Pelosi began the formal debate on the articles of impeachment by saying the president gave them no choice but to impeach him. She received a standing ovation from her Democratic lawmakers when she was done.

‘As speaker of the House I solemnly and sadly open the debate on the impeachment of the president of the United States. If we do not act now, we would be derelict in our duty. It is tragic that the president’s reckless actions make impeachment necessary. He gave us no choice,’ she said in her speech in the well of the House, standing next to a sign with a picture of the American flag and reading ‘to the republic for which it stands.’

The speaker was dressed in black for the day. Pinned to her dress was a broach in the shape of the Mace of the House – a symbol of the power of the speaker.

Pelosi, who fought to become speaker after Democrats won control of the House after the 2018 election, has received kudos from her party members on her handling of the impeachment inquiry.

Leading the floor debate for the Democrats were the two men who led the impeachment inquiry: House Judiciary Chairman Jerry Nadler and House Intelligence Committee Chairman Adam Schiff.

‘He tried to cheat and he got caught,’ Schiff said in his remarks on the House floor.

The debate grew more impassioned as the time for the final vote got closer.

One of the last lawmakers to speak, House Republican Whip Steve Scalise delivered a fiery defense of President Trump, throwing papers on the desk and waving his arms to the cheers of his fellow GOP lawmakers.

‘This has been about a political vendetta,’ Scalise said.

And he echoed Republican charges Democrats were trying to over turn the 2016 election.

‘This isn’t just about Donald Trump. They don’t just hate Donald Trump,’ he said of Democrats. ‘They hate the 63 million Americans who voted for this president. The forgotten men and women of this country who have been left behind.’

‘No, no,’ the Democratic lawmakers yelled from across the chamber. Republicans started cheering Scalise on to drown them out.

Rep. Diana DeGette, was presiding over the chamber, gaveled for a return to order.

‘Impeachment will not just be a stain on this Democratic majority. Impeachment will be their legacy,’ Scalise finished.

Schiff made the closing argument for Democrats and he appealed to lawmakers to think of the future, when they could be the majority in the House.

‘You may be one day — although you may not act like it, you may one day be in the majority. You will want to hold a president accountable. What will you say when that president says, you were a paper tiger, you have no oversight, I can ignore your subpoenas, what will you say? What will you argue? No, no, that was different. Then we were in the minority. Then it was a Republican president. Will that be your argument?,’ Schiff said.

He also pointed out that Republicans, under Ronald Reagan, cared about standing up to Russia and President Vladimir Putin.

‘We should care about Ukraine. We should care about a country struggling to be free and a democracy. We used to care about democracy. We used to care about our allies. We used to stand up to Putin and Russia. We used to. I know the party of Ronald Reagan used to,’ he said as Democrats applauded.

The final line up of GOP speakers rallied the party against the ‘sham impeachment’ as they called it, while the Democratic speakers focused on the vote ahead.

‘I see a president who will put his head down in spite of the sham impeachment and he will do his job and he will tell the American people that I care about you and he will still put the economy first and he will make sure this country stands strong,’ said Republican Rep. Doug Collins of Georgia, earning a standing ovation from his party.

‘Democrats did not choose this impeachment. We did not wish for it,’ House Majority Leader Steny Hoyer said as a few Republican lawmakers yelled ‘Come on’ in response.
The impeachment vote was a foregone conclusion given Democratic control of the House.
The old arguments were rehashed by both sides of the political aisle and few lawmakers made impressions.

But one who did was Republican Rep. Barry Loudermilk of Georgia, when he compared Trump to Jesus Christ.

‘Before you take this historic vote today, one week before Christmas, I want you to keep this in mind. When Jesus was falsely accused of treason, Pontius Pilate gave Jesus the opportunity to face his accusers. During that sham trial, Pontius Pilate afforded more rights to Jesus than Democrats have afforded to this president in this process,’ he said.
But Nadler countered that the president had the opportunity ‘to come and testify…to send his counsel, to question witnesses.’

‘He declined to do so,’ Nadler added.

The Democrat from New York has been full of come backs after Republicans finished their remarks.

Republican Congressman Chris Stewart charged Democrats with trying to overturn 2016 election – a common argument from the GOP.

‘They think Hillary Clinton should be the president and they want to fix that,’ Stewart said.
Nadler shot back: ‘I remind the gentleman if President Trump is impeached and removed, the new president will be Mike Pence and not Hillary Clinton.’

That brought Nadler cheers from the Republicans, who applauded his words.

‘Hurrah,’ one Republican lawmaker seated on the House floor. ‘Thank god,’ said another.
Nadler also blasted GOP Congressman Louie Gohmert who pushed the unproven conspiracy theory that it was the Ukraine – and not Russia – that interfered in the 2016 election.

‘I am deeply concerned that any member of the House would sprout Russian propaganda on the floor of the House,’ Nadler said in response.

Gohmert, who had started to leave, walked back to the microphone and proceeded to yell at Nadler: ‘Will the gentleman yield? Will the gentleman yield?,’ he yelled as the presiding officer of the House gaveled him to order.

‘He accused me of Russian propaganda,’ Gohmert said. ‘Have his words taken down.’

While Trump watched the proceedings at the White House before leaving for his rally, Pelosi sat quietly in the back of the House chamber throughout most of the day, listening to the speeches.

House Chaplain Patrick Conroy began the morning with a prayer that acknowledged the task before the lawmakers.

‘We ask guidance for members of the people’s house,’ he said, asking God to ‘give them wisdom and discernment’ in their task ahead.

Wednesday’s vote comes less than five months after Trump got on the phone with Ukrainian President Volodymyr Zelensky and pushed him to announce an investigation into former Vice President Joe Biden – a top contender for the 2020 Democratic nomination.
Democrats allege Trump with held $400 million in military aid to Ukraine in order to put pressure on Zelensky. Trump has denied any wrong doing.

The vote was scheduled one day shy of the 21st anniversary of the last time the House took such a step – impeaching Democratic President Bill Clinton for lying under oath on December 19, 1998 after he failed to come clean about an affair he was having with a former White House intern, Monica Lewinsky.

The impeachment inquiry now moves to the Senate, where Trump will go on trial.

It will be presided over by Supreme Court Chief Justice John Roberts.

Senate Majority Leader Mitch McConnell said it will begin in January after senators return from their holiday break.

He and Senate Democratic Leader Chuck Schumer are set to meet this week to determine the process the Senate trial, including its precise start date, how long it will last and whether additional witnesses will be called. (DailyMail)

On the UDP and Its Inexorable Rise to Supra-National Dominance: Can’t Cage Us (Part 2)

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The Gambia’s finest rapper, ST, once  asserted in one of his hit tracks, “we’re bigger than all these stars when shall I become a galaxy?” And from his inspiring lyrics I take my cue to emphatically state the obvious: in the firmament of Gambia’s political celestial bodies, the United Democratic Party is bigger than all these other stars; it’s The Gambia’s political galaxy!”

And so being the galaxy that it is, anytime a self-acclaimed star drifts from the party, another brighter planet emerges in the Yellow galaxy! A couple of weeks ago the lacklustre Karamo Jadama showed his true colours and jumped ship to the flat-tired bus only to be replaced by the towering giant (both literarily and metaphorically) Alhagie Sainey Sabally of Royal pedigree (both from his maternal and paternal sides), as Chairman of the UDP’s North Bank Region. 

For a party that has earned its place as the most youth-friendly party to have Aji Yamundow Yarbo stepping up after our old uncle Mr Bojang’s departure;  in addition to having the legendary Aji Yam Secka as Deputy Secretary General; which entity can claim to be more progressive and gender-sensitive than UDP?

Interestingly enough, in the same song where ST raps about being a galaxy he warns a certain Dembo, saying we “gone by force”. And therefore I paraphrase ST and proudly sing “So nko Dembo yeh UDP is going to State House by Force; no one can stop this trajectory to victory at the impending national polls!” 

As I finalise this second segment of this two-part essay, a very dynamic and influential young man, Bakary Manneh has decided to join the mighty yellow caravan on his birthday. The same day he announced his membership, Sunday December 15, he was able to convince another influential youth leader based in Europe to also make the same decision. This major feat was also preceded by another top youth leader currently doing post graduate studies in Asia also declaring his membership of the UDP after an initial flirtation with a new political party that just did their official launch.

So as this mass movement of the best and brightest into the UDP climaxes, we can do the ST and sing like he did in his song “Tass Dekabi”: this is my zone duntu malango buka taamang taamang jang! (this is my zone, no little ant can perambulate here)

The UDP continues to grow and flourish and the best of its times are yet to arrive. Meanwhile here’s a poem I recently did with the trending hashtag #KanaSong as title addressed to the Secretary General and Party Leader of the mighty Yellow Nation:

Kana Song

Not a story, this is a song

From strings the heart throbs on

Where true convictions belong

Fear not, do not cower to attention

Fair or foul from humans stubborn

We listen to your heart’s song 

The true thoughts you hold strong

Let those ooze out from the bottom

Of your heart purely sung

Stick to that and ‘kana song’

‘Ka Silah wara ka jarra jarra’

‘Kana song jutunna-yaa la’

‘Ka dimbaa toe fo, wo teh daa jani la!’

Sing your own song – Kana Song!

Be glad thou shining yellow stars

Lawyer Darboe yeh banko taa!

Momodou Sabally 

The Gambia’s Pen

OPINION: ALHASSAN DARBOE: Barrow can be deposed in a mass uprising

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When Adama Barrow was declared the winner of 2016 elections, I was beside myself with joy. I called friends and neighbors from far and near to celebrate the liberation of our beautiful Gambia from the clutches of a murderous dictator. Few days later, I realized I celebrated too early as Jammeh in his signature “for the purpose of clarity” annulled the elections in totality. I never slept a day and went through and excruciating suspense for weeks until the day Jammeh fled in a hurry to Equatorial Guinea. Of course, in the face of ECOWAS intervention with ECOMIG soldiers.

For The Gambia, it appears like we are back to our time of desperation, confusion, suspense, executive mediocrity and corruption. Our case is like the proverbial one step forward and two steps backward. Whoever sold us the idea of embracing the illusive perception that our worse days are behind us lied to us enormously. Whoever the sales man is or the media committed a great wrong .Are we cursed somehow? whenever we appeared to be on the cusp of finally having our dream leader that will lead us to the promised land, some accidental, idiotic leader pops up with his demonic, clueless advisers and political prostitutes like Henry Gomez, Seedy Njie and Siaka Jatta to derail our march to progress.

Bombastic, unethical, propagandistic presidential advisers and speakers

Regardless of what the government’s spin master Ebrima Sankareh may try to make you falsely believe; you would not be wrong for thinking that: “operation three years Jotna” movement has enough organizational muscle and support of the masses to successfully force Adama Barrow out of power. The recent diplomatic passport scandal, poor state of our health facilities, executive fiscal indiscipline, slow pace of security sector reform and the release of the jungulars are enough ingredients to force a disappointed and angry population to pour into the streets like angry volcano to demand his sacking from the state house.

When Mr. Mballow as the interior minister threatened the “three years Jotna” movement with hot water and Henry Gomez came on board to dare the protesters to come out in December in dramatic fashion littered with threats as the president laughs in the background. With these uncalculated rants by the president’s men, Barrow’s destiny for better or worse this December and January seem to have been sealed by the ironic geniuses he keep around him who invited protesters from all over the country to protest and see the hot water that will be visited upon them. Barrow’s advisers, their lack of education and certified cluelessness reminds me of a chapter in the Bible, proverbs 13:20: “He who walks with wise men will be wise, But the companion of fools will be destroyed”. I pray and hope Barrow’s mediocre advisers and spokesperson won’t destroy him. Amen.

Three years or five years, Barrow can be overthrown in a popular uprising

I have watched so many credentialed idiots say Barrow cannot be overthrown because he is a democratically elected president. This assertion is false, and Barrow can be overthrown in a mass up rising. Don’t believe what I am telling you. Look it up on google. Democratically elected governments in countries like Lebanon, Guatemala,Egypt,Iran,Tunisia,Algeria, Bulgaria, Venezuela, Ukraine, Thailand, Macedonia, Spain, Iceland, Hungary, Moldova, Brazil, Bolivia and Poland were all challenged and some of them forced to step down by mass-based popular uprisings.

Is this the beginning of the end of Barrow or can he weather the coming storm
Is yesterday’s popular uprising the beginning of the end of Barrow or can he weather the coming political storm brewing and percolating through the land from Kartong to Koina? For now, we can’t tell. But I can tell you one thing for sure: if Barrow and his genius advisers don’t handle this well 3 years “Jotna” protest could be his waterloo.

Alhassan Darboe is based in the United States

Editor’s note: The views expressed in this article do not necessarily reflect the editorial position of The Fatu Network

On the Shenanigans of his Advisers: All the President’s Men

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We all know for a fact that President Barrow does not have what it takes to run this country successfully due to his lack of public service experience and many other critical factors that I would prefer not dwell on for reasons of decorum. Barrow happens to be our Head of State and Commander in Chief, and we bear collective responsibility for that, granted that the circumstances surrounding his ascent to power were quite exceptional.

We all believed that with the right mix of technocrats in his cabinet and well-chosen advisers, the man at the helm of our affairs would do well at the average mark. However, what transpired during these past three years has shown us that our President will not even get to the average cutoff mark but he will fail dismally at this historic period of our evolution as a nation. This grim prognostication is anchored on nothing but the type of people our President has decided to surround himself with.

Sometimes I just decide not talk talk about President Barrow and launch my critical ‘missiles’ at his Ministers and advisers on policy matters so as to send genuine advice his way without bruising his ego. But after almost two years of doing this, the situation keeps getting worse. As if having people like Mambury Njie in his Cabinet were not bad enough, Barrow has men like Henry Gomez and the schizophrenic dunce, Saihou Mballow, as his close and trusted advisers. 

This certainly does not augur well for sanity at State House. What triggered this article is a video I watched this morning showing senior adviser Henry Gomez at yesterday’s “3 Years Jotna” protest scene attempting to provoke the massive crowd gathered to peacefully send a genuine and timely message to the man they elected to serve them for a 3-year transition period. This is a most brazen attempt at unwarranted provocation that could have set this county on fire; but thank God the police intervened on time. And this came from a man that is supposed to be knowledgeable and responsible enough to advise our Head of State on how to run this country. Indeed,  “if such are the priests, then God bless the congregation!”

This situation just reminds me of a Facebook post I did immediately after the infamous Brikama rally where President Barrow and his team of advisers and Ministers threatened a whole nation with violence with Barrow himself pounding his chest with the statement “whether you like it or not, I am here to stay as President till 2021. With Henry Gomez himself being just about the worst performer at the Brikama melodrama, I posted on social media “perhaps the President himself needs to advise his advisers!” But the lesson was not learned and it was after that meeting that he added yet another moron, Saihou Mballow as another Presidential Adviser.

With former Observer editor Baboucarr Camara lamenting Henry Gomez’s unruly behaviour at yesterday’s protest scene on Facebook, my comment on his lament is this: with such personalities as advisers of your Head of State, you surely know that your country is doomed!

May Allah protect our dear motherland, The Gambia. And may He (subhaanahu wa ta’aalaa) save us from the impending perils of the gathering storms.

God bless The Gambia and May Allah bestow genuine wisdom on our leadership.

Amen.

Momodou Sabally

The Gambia’s Pen

A Government That Lies and threatens Citizens Endangers Human Rights!

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The Jotna Movement staged their protest on December 16 in peace and calm and in total obedience to the requirements of the police permit. Not a single report of violence or hate speech was reported. Yet before the protest, The Gambia Government at all levels continuously spewed lies that this public assembly will bring conflict in our society! For that matter they have caused so many citizens to forego going to work or school, or open their businesses today hence causing huge economic loss to the country.

 

Human rights cannot be achieved in the absence of openness, accountability and the Government’s expressed commitment to the Constitution and the rule of law. When a Government chooses to deny rights the first thing they do is to concoct lies and misinformation and then issue threats in order to circumvent the Constitution and the rule of law. They do this to generate fear and anxiety in citizens in order to control and contain the people and therefore prevent the people from holding the Government accountable.

 

Since the Barrow Government was established it appears this act of lying and threats was the first lesson it borrowed from the Jammeh Regime which they seem to be perfecting everyday even though they always get exposed, even if they do not get ashamed or afraid of lying and threatening citizens again.

 

The Brikama Rally of the President in June 2018 could be descried as the first major platform where they launched intercontinental ballistic lies and threats when the President of the Republic himself fabricated the falsehood that the Three Years Jotna protest will bring chaos in the country. It was at this same rally where the former Interior Minister Ebrima Mballow and the so-called Youth Adviser Henry Gomez and series of other speakers took turns to either lie or threaten citizens about the Three Years Jotna protest.

 

The next major platform of lies and threats was the propaganda television show dubbed ‘National Dialogue’ hosted by the President’s Press Secretary Amie Bojang Sissoho in September where her panelists were military, law enforcement and intelligence chiefs among others. In the show, hosted on GRTS top security chiefs concocted lies and threats that the protesters will be on drugs and will burn down this country. The Army General Mamat Cham went even further to say that the army was ready to confront citizens as if the Gambia was facing a foreign invasion!

 

At various other times the Minster of Information Ebrima Sillah and the Government Spokesman Ebrima Sankareh also joined the lying and threats jamboree to claim that this protest will cost the country dearly given the festive season in December. Because of these lies and threats we saw the Ministry of Youth and Sports go to the ridiculous height of postponing the NAYCONF which was to be held at this time. Continuously we saw this Government use every opportunity to scare citizens by highlighting security concerns with the NIA even going bonkers saying social media is a challenge to national security.

 

Because of these lies and threats they have managed to influence and scare so many citizens to the point that citizens began to engage in severe infighting among themselves. Some strongly believed the lies of the Government that the protest will undermine the economy, destroy tourism and cause conflict in the country. Those who support the protest are vilified as unpatriotic while they also in turn would severely caricature other citizens who oppose the protest. In the end the Government’s lies only succeeded in dividing the society thereby undermining national unity, peace and progress of the country.

 

Such a situation only helps to undermine democracy and injure human rights because when people are preoccupied with lies and threats they tend to not realize how their best interests are being eroded. If only citizens could see through the lies and threats of the Government we would have realized that we should rather unite and demand honesty and truth from the President and his Government. By failing to reflect on the statements from the Government but rather swallow those lies and threats hook, line and sinker the people only succeeded in dividing and weakening themselves.

 

But today we have all witnessed the protest and no one saw any single incidence of violence and hate speech. The protesters respected the permit even though that permit was utterly unreasonable, ridiculous and intended only to suppress the protest. The Government only gave that permit because they realized that, after all, their lies and threats were unsuccessful and so they decided to issue a permit intended to further weaken and derail the protest. But they failed.

 

Therefore, if there is any lesson to learn is that citizens must become vigilant and smart so that we listen carefully to what the Government tells us so that they do not divide and weaken us with their lies and empty threats. This Government led by Adama Barrow is a Champion of Lies and Threats next to only Yaya Jammeh’s Regime if not higher. And this is where citizens must be concerned and become even more vigilant. When a Government is ready to lie and threaten its citizens then such a Government is not committed to democracy and the protection of human rights. This is the fact of history.

 

Therefore, citizens must demand accountability for the lies and threats from this Government. Citizens must demand that the National Assembly impeach the President for the lies he has released on Gambians so far that directly violate the Constitution and undermine the protection of human rights. Citizens must equally demand the National Assembly to pass a motion of censure against Ministers who have been blatantly lying and threatening citizens without shame. Similarly, citizens must demand the sacking of the heads of the armed and security institutions who have lied and threatened citizens without shame or fear.

 

Let us defend our Republic. Let us not sit by and taking things for granted as we have been doing for more than 50 years. Let us not underrate any word or action from the President and his Minsters and Generals. When we ignore or take things for granted or merely underrate the State rest assured we will soon find ourselves in a sea of tyranny. Mark my words!

 

Don’t accept a Government that lies like a passerby!

 

For the Gambia Our Homeland

…………………………………………….

Madi Jobarteh

Skype: madi.jobarteh

Twitter: @jobartehmadi

LinkedIn: Madi Jobarteh

Phone: +220 9995093

On three years versus five years: Coalition’s ruination, Gambia’s quandary

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Gambians are unequivocally divided on the contentious issue of whether President Barrow should honor the three-year coalition agreement or serve the full five-year constitutional mandate. What is crystal clear though is that the initial euphoria that surrounded the democratic transition is wearing off if it has not worn off already, giving birth to the upcoming politically tense conundrum. The fundamental question to ask is what exactly went wrong, and how did we find ourselves in this sticky situation? An understanding of human behavior is enough for one to be startled but not shocked by our current situation or state of affairs. It is often said that morality is an endangered species, on the verge of being extinct. Since we have abandoned systems of morality for we seem unable or unwilling to live by hopelessly flawed dogma. Some people take the explicit morality route, others take what they can get away with, and there are many who just do what feels right more or less.

In the annals of Gambian politics and our unflinching determination to untether ourselves from dictatorship and tyrannical rule through democratic means, I could not think of anything as monumental as Coalition 2016; a force that ravaged the Babili State House and sent Jammeh packing. With The Gambia being the common denominator that bounds the coalition partners, the fulcrum of that force is the Coalition’s Memorandum of Understanding (aka MOU). Having put an end to a twenty-two-year brutal dictatorship, The Gambia had an opportunity to start afresh. This brought renewed hope that we were heading for posterity. Our biggest shock or disappoint came sooner than later when the formation of cabinet excluded key coalition partners in the PDOIS. The absence of PDOIS in that cabinet was quite startling and many of us found it extremely difficult to come to terms with that unfortunate reality. The leadership of the PDOIS has been asked the fundamental question of whether they were offered ministerial positions or not a dozen times, and from my vantage point I see an attempt to shy away from the question or a deliberate refusal to answer the question for reasons which might be obvious to some but best known to the PDOIS. Every single time that this question resurfaces in an interview, the response from the PDOIS leadership leaves me with more questions than answers, forcing me to ponder whether PDOIS is avoiding to come off in a certain way.

In 2017 Halifa Sallah appeared on Kerr Fatou and was asked this question, and his response was that they were only helping a process and that President Barrow did not see in him that he was interested in a position. The follow-up question to that statement would be because President Barrow did not see in Halifa Sallah that he was interested in a position, so he decided not to offer him a position? On the Perspective Show on GRTS, he was asked the same question once again, and the response from him is that they were never interested in positions. The fundamental question Halifa Sallah is not whether you were interested in a position or not, but whether you were offered a ministerial position? PDOIS were either offered ministerial positions or they were not offered. The situation cannot fall between those two, and the leadership of PDOIS dare not tell us that they do not know whether they were offered positions or not. Personally, I believe PDOIS were offered ministerial positions and they turned down the offers, but they do not want to say this simply because they do not want us to see that they rejected the clarion call to serve the coalition government whose formation they orchestrated from its conceptual stage.
The next wave of disappointment came from the UDP’s Lawyer Ousainou Darboe when he threatened to take to court anybody who attempts to force President Barrow to step down after three years instead of allowing him to serve the full five-year constitutional mandate. I found that statement to be very toxic because it came at a time when national unity was at its embryonic stage and needed to be safeguarded, so anything that could disintegrate it into fragments would undoubtedly be frowned upon. To issue that kind of threat publicly when he could have brought it up in cabinet or in a coalition partners’ meeting for them to find a way to resolve the issue amicably was just uncalled for. Many argued that threat played a major part in the disintegration of the coalition and emboldened President Barrow. Additionally, Lawyer Darboe and Hamat Bah each appeared on the Giss Giss and Kerr Fatou shows respectively in which they both argued that the coalition MOU was never signed. Hamat even challenged the hosts to show him the signed MOU. I struggled to wrap my head around their attempts to find a flaw in the MOU to justify the disregarding or the deliberate flouting of that monumental agreement. If Hamat does not know a lot about contract law, Lawyer Darboe undoubtedly knows that in contract law, there is what is called agreement by conduct. What made Barrow to put his name on the ballot paper at the convention? What made him to resign from the UDP and run as an independent coalition presidential candidate? The conduct of the parties to a contract can constitute an agreement, and President Barrow’s conduct in this case constitutes nothing but an agreement to the MOU. Mr. Darboe challenged or questioned the constitutionality of the three-year agreement. It would be interesting to know if he still maintains that position since that constitution hasn’t been amended yet. In a recent press conference, we saw him present the UDP’s position asking for Barrow to honor the three-year agreement. Many of us find it difficult to identify the clear-cut dichotomy between Lawyer Darboe’s position and the position of the party when he speaks as secretary general and party leader.

We were inundated with another massive wave of disappointment from the coalition partners as a collective when they succumbed to Lawyer Darboe’s threat to take to court anybody who tries to force Barrow to step down after three years. Did that threat leave the coalition partners with no options? Certainly not! The partners knew very well that there was nothing in that agreement that says the President was going to be forced to step down after three years. Instead, he was going to resign on his own accord as per the agreement and this was not going to be an unlawful act nor was it going to be in contradiction to the constitution, hence the resignation provision of the constitution. Could the coalition partners have called for a meeting under the leadership of Madam Fatoumata Jallow Tambajang where they would have reiterated their position on the three-year mandate, making Lawyer Darboe and Barrow understand and possibly accept that the coalition partners were not oblivious of the five-year constitutional mandate? Could the partners have vowed to serve for only three years and then resign should President Barrow choose to extend his mandate beyond the three-year agreement? They knew the constitution has a resignation provision, and the three-year mandate was premised on that provision. Were those options not available to the coalition partners? So how that threat numbed or incapacitated them is beyond comprehension, knowing fully well that the threat was never going to come to fruition because there wasn’t going to be any attempt to force the President to step down. If that threat caused serious damage, what happened to damage control, or why was there no attempt to repair the damage? Was the damage irreparable? The truth be told, most of the partners except for PDOIS were in ministerial positions, and I bet they were not averse to longevity in those positions. To choose to not do something to avert a situation when you had the option to act, and then come back to point fingers at the person who issued the threat as if the country gyrates around that person is just not good enough for people of their caliber. However, this does not absolve the issuer of the threat from responsibility. To add salt to injury, we saw fringe coalition partners convey an emergency meeting, and then advance to the State House to inform the President that they have extended his mandate from three to five years as if the five-year constitutional mandate given to the President is unbeknown to them. Embarrassment and mediocrity characterized that move.

The most gigantic wave of disappointment emanated from the epicenter of this whole conundrum, and that is the President himself. In the early days of his presidency, he said that he wasn’t going to renege on his promise to lead a three-year transition, but that was buried under the carpet soon afterwards. The Gambia slipped and fell into a perilous ravine the very day that President Barrow jettisoned the transition plan and coalition agenda, and welcomed aboard the agenda of self-perpetuating rule. The President got blindfolded by the desire to cling onto power, forgetting what brought him to the State House in the first place. The unfortunate reality is that Mr. President and his inner circle are fixated on cementing their position at the mantle of leadership forcing them to throw over board the very raison d’être of Coalition 2016 thereby jeopardizing the efficacy of the Coalition. The nation is faced with the conundrum of trying to put herself on the right footing amid rampant novice mediocre leadership that is stifling her efforts to head in the right direction. After untethering ourselves from domineering rule, we thought we were going to present to the world our quintessential leader in President Barrow, who was going to lay down that unbreakable solid foundation for subsequent leaders to build on. That has become an illusion. Had the president done what was expected of him per the coalition agreement, or exhibit exemplary leadership by effectively communicating with the coalition partners and the Gambian people on the contentious issue of three or five years, this political quagmire might have been resolved. Instead, the President and the people he barricaded himself with all presumed they have both manpower and firepower to assume absolute control; a reason why they threatened to crush three years ‘jotna’ protesters, at the infamous Brikama rally. Instead of being serene about an imminent peaceful protest, the administration’s protest-phobia and paranoia escalated beyond elastic limits, making it feel like some outcast.

The fundamental question to ask is whether President Barrow should serve three years per the coalition agreement, or the full five-year constitutional mandate under the present circumstance? I dare not ask what is going to happen if the President steps down because the constitution is not ambiguous on that. What is quite obvious though is that the current administration made zero preparation for elections in 2019. Also, I hope I am not under the illusion that if the President were to step down today either voluntarily or forcefully, the vice president would see out the remainder of the term since there won’t be any elections sooner? That is not the spirit of the MOU. Per the coalition agreement, there was going to be a constitutional amendment to enable us go for elections within ninety days of the President’s resignation, and we would have had electoral reforms and other significant changes to prepare the grounds for free and fair elections amid a level playing field. Everything that was supposed to happen for us to go to the polls in 2019 never happened. As a result, I would not say it will be impossible to hold elections now, but the impracticability of doing so is quite obvious. Let us go for five years Gambia for we seem unprepared to hold elections now.

The Operation Three Years Jotna movement’s protest is slated for Monday, December 16th 2019. This movement is going out to express dissatisfaction over the President’s decision to renege on his campaign promise and the coalition agreement. I presume this protest will be peaceful. However, the protesters, the government and its security apparatus ought to be reminded that thuggery and lawlessness will not be condoned because we are a country of laws. We must not sit by and watch familiar places we live in turn into battlefields with some people clearly under the illusion that they can take the law into their own hands without facing the consequences. The protesters should go out to agitate peacefully within the permitted time frame and the parameters of the law, and then disperse to their various homes or wherever they may wish to go. At the same time, the security apparatus is expected to provide the much needed security and not attempt to provoke or be trigger-hungry. Matter of fact, they should employ better crowd control techniques to prevent the situation from escalating. During the political impasse, we showed the world how exemplary we are as Gambians. So let us continue to exhibit remarkable decorum because no progress can be made in a state of chaos and anarchy. Matter of fact, those epitomize failed states today. The Three Years Jotna movement need not attempt to force President Barrow to step down. The President has decided to deliberately flout the MOU by choosing to lead a five-year transition and then have is name on the ballot paper in 2021. The Gambian people will decide whether to retain the current leadership or replace it with a new one come 2021, knowing fully well that being elected to office by the general populace provides no guarantee that national leaders will be effective or dedicated to the national interest . This is a time when we must reason with our heads and not with our hearts. Greed, dishonesty, moral misconduct and other factors should not and must hide our desperate need for guiding principles. Our decisions and actions have more profound consequences than we might think. Finally, I maintain my position that a disregard of the MOU by President Barrow finds him culpable of moral misconduct, compromising his integrity.

The writer, Dibba Chaku, wrote from the United States

Top int’l human rights lawyer Reed Brody on what makes Gambia good champion of the cause of the Rohingyas

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Reed Brody is counsel with Human Rights Watch and a member of the International Commission of Jurists. He is known to Gambians for his work with the victims of ex-president Yahya Jammeh and his role in the campaign to bring to justice in Senegal the former dictator of Chad Hissène Habré. TFN asked Brody about The Gambia’s case against Myanmar at the International Court of Justice which held preliminary hearings on 10-12 December.

Q. What do you make of The Gambia’s decision to bring this case?

A. When we heard that The Gambia was actually going to do this, cheers went up from activists around the world. The slaughter, rape and displacement of hundreds of thousands of Muslim Rohingyas is one of the worst mass atrocities of our time. Before Gambia brought this case, these crimes had largely been beyond the reach of justice.

Q. What can this case achieve?

A. It has already achieved so much. For the first time, streamed live across the globe, and with Myanmar’s leader Aung San Suu Kyi sitting right there, The Gambia’s lawyers laid out, before the highest court in the world, the evidence pointing to Myanmar’s policy of genocide. People in the Rohingya refugee camps in Bangladesh, where they were chanting “Gambia, Gambia,” finally could feel someone was doing something. While the case may take many years to reach a final ruling, The Gambia asked for provisional measures which could be granted within a month, to stop Myanmar’s genocidal actions. And ICJ orders are legally binding. The long campaign to bring Hissène Habré to justice only reached its goal after Belgium got the ICJ to order Senegal to put him on trial.

Q. But why Gambia?

A. Why not? Should we always leave it to big powers to take these kind of bold international actions? That’s one of the reasons we’re in our current mess. And I think the fact that Gambia is now a democracy trying to come to grips with its own abusive past made it a good champion, as did the Minister of Justice’s personal experiences in Rwanda.

Q. Some people say that with all Gambia’s economic and political problems, why do we need to spend our energies on this?

A. First of all, the Organization of Islamic Cooperation is paying all the fees, so this doesn’t cost The Gambia anything. Indeed, the goodwill and positive publicity that The Gambia is garnering all around the world with this move will certainly comeback to benefit the people of The Gambia, in reputation and recognition.

Q. We’ve heard some victims of the former regime ask why the government is pursuing justice for the Rohingya but not for victims here at home.

A. Obviously, I sympathize with the impatience of many Gambian victims. My main work these days is helping develop a path to bring Yahya Jammeh and his henchmen to justice, and I know that every day without justice is a prolongation of their agony. But the two things aren’t mutually exclusive. We can push on both fronts.

Q. But isn’t it hypocritical by the government?

A. Without getting into value judgments, let me say this. No government has a clean record. When the United States levies sanctions against Jammeh and his family, or speaks out for the rights of the protesters in Hong Kong, we applaud, we don’t say “what about your treatment of Mexicans at the border?” If we can’t get imperfect governments to do the right thing every now and then, the human rights movement would collapse.

Q. Getting back to the ICJ case, what was your impression of the hearings on Gambia’s request for provisional measures?

A. The Gambia presented a compelling case. Gambia had a very tough burden of showing that Myanmar acted with “genocidal intent” but I think its legal team did a great job laying out the evidence. The team is headed by Paul Reichler, one of the most experienced advocates before the ICJ. I’ve known Paul since 1985 when he represented Nicaragua in its landmark victory against the United States for arming counterrevolutionaries seeking to overthrow the government. Back then, he introduced into evidence my report, the first one I ever researched, detailing the atrocities committed by those “contras” against Nicaraguan civilians.

Q. And Myanmar? Why do you think Aung San Suu Kyi represented her country herself?

A. This was clearly for domestic political reasons. With elections coming up there, she wanted to show her support of the military and also to align herself with the majority Buddhist Birmans who hate the Muslim Rohingyas and have mistreated them and denied them basic citizenship rights for over a century. But from an international standpoint, it was a disaster. Usually if someone accuses you of a terrible crime, genocide no less, you try to silence it or avoid talking about it. Here, she rushed to The Hague, guaranteeing the presence and attention of the world’s media. And she didn’t even pronounce the word “Rohingya” which Gambia’s lawyers pointed to as an illustration of how Myanmar denies the group’s very existence. It will also now be impossible for the Myanmar government to say it doesn’t regard the court as legitimate, and to try to ignore any order it may hand down.

Q. What next?

A. Because Gambia requested provisional measures, the court will likely rule in the next month. Then it will take a couple of years to get to the merits of Gambia’s claim.

Q. What’s your prediction?

A. It’s very hard to know. The ICJ is a very, conservative and traditionalist court. It’s mostly made up of former government ministers and it is very loath to step in to the affairs of sovereign countries. And the burden of asking it to do so on an emergency basis, before it has made a full inquiry into the facts, is a very heavy one. But Gambia made the case, I think, and the eyes of the world are on the court.

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