Issue No. 20/2005, 14-16 March 2005



Editorial

Government Should Be Aware

The Expired Food Crisis

One of the greatest tragedies of developing countries is the lack of attainment of food self sufficiency and lack of processing of agricultural products. This has enabled the food chains in the developed countries to have huge international markets. The poor quality of food preparation and preservation at the local level in developing countries has led most of the elites to rely on supermarkets which import their goods.

Many of the food chains in developed countries are required by stringent laws to put expiry dates on their packages and label them. Consumer associations strictly monitor the labels and expiry dates.

This has compelled the food chains to withdraw food from the shelves months or weeks before their expiry dates to make room for new consignments.

Such food has been utilized in many ways by importers from many developing countries. Such importers buy the goods at cheaper prices and can therefore sell them at cheaper prices. The only danger is that some of those importers have also developed strategies of modifying dates or exploiting the ignorance of the consumers to sell expired food.

Some countries have taken measures to address this problem. However, they fall under two categories. Countries which have attained food self sufficiency and have strong consumer associations have been able to push culprits out of the food chain who have been succeeded by genuine competitors in the food business.

On the other hand, those countries which have not achieved food self sufficiency and do not have strong consumer associations have found it more difficult to tackle this problem. When they enforce the law they experience food scarcity. When they abandon enforcement of the law the people eat expired food.

What is therefore needed is concerted action by all members of society to solve the problem with the business community through mutual dialogue.

The executive and the National Assembly have powers of official inquiry. They should exercise the powers to know the genuine problems of the importers and those of the consumers with a view to finding a lasting solution to public health for all. Finally, there is need to implement a national strategy to food self sufficiency and security.





WOMEN PROTOCOL RATIFIED



By Sarjo M.  Camara

The Gambia National Assembly on Friday, 11th March 2005 ratified the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa with reservation, after a long debate of more than four hours. The Protocol was presented by the Secretary of State for Justice, Sheikh Tijan Hydara. The debated was gendered. The female national assembly members urged their male colleagues to support the Protocol which advocates for the betterment of women’s lives.

The minority leader impressed to see women in a positive light; that women take care of men at their tender age; that what is in the Protocol is in our Constitution and is in line with our international and regional treaties already ratified by the Gambia. “There should be social justice, gender equality and social inclusion.” The reserved articles are Articles 5, 6, 7 and 14.

Article 5 calls for the elimination of harmful practices. In particular 5(a) calls for the creation of public awareness; 5(b) calls for the eradication of all forms of FGM by legislation; 5(c) calls for the support of FGM victims; 5(d) calls for protection of victims of harmful traditional practices.

Article 6 is on marriage. It calls for equal partnership in marriage. 6(a) calls for free and full consent in marriage. 6(b) calls for 18 years to be the minimum age for marriage; 6(c) calls for monogamy as the preferred form of marriage but recognizes polygamous marriages, however it calls for the protection of women and children in polygamous marriages; 6(d) calls for marriage registration; 6(e) calls for spouses to determine their matrimonial premises; 6(f) calls for married women to have the right to retain their maiden names; 6(g) calls for women to have the right to retain their nationality; (h) to have equal rights with respect to the nationality of their children except when it contravenes national security; 6(i) calls on spouses to safeguard family interest, educating and protecting the children; 6(j) calls for a woman to have the right to acquire her own property.

Article 7 deals with separation, divorce and annulment of marriage. It calls for women to enjoy the same rights as above. 7(a) calls for separation, divorce or annulment of a marriage to be effected by judicial order; 7(b) calls for men and women to have the same right to seek separation, divorce or annulment of a marriage; 7(c) calls on spouses to have reciprocal rights and responsibilities towards the children and consideration given to the child’s best interest; 7(d) calls for equitable sharing of joint property deriving from the marriage.

Article 14 deals with health and reproductive rights. It calls for the right to the health of women, including sexual and reproductive rights. In particular, 14(1)(a) calls for the right to control their fertility; 14(1)(b) calls for the right to decide whether to have children, the number and the spacing of the children; 14(1)(c) calls for the right to choose a method of contraception; 14(1)(d) calls for the right to self protection and protection against sexually transmitted infections, including HIV/AIDS; 14(1)(e) calls for the right to information on one’s health status and one’s partner, especially with STIs, including HIV/AIDS; 14(1)(f) calls for the right to family planning education; 14(2)(a) calls for women to be provided with affordable, accessible health service including information, education and communication on health, especially to rural women; 14(2)(b) calls for the establishment and strengthening of  existing pre-natal, delivery and post natal health and nutritional
 services for women during pregnancy and breast feeding; 14(2)(c) calls for the authorization of abortion in cases of sexual assault, rape, incest and where pregnancy endangers the mental and physical health or life of the mother or the foetus (unborn child).

These were the contentious articles. The reservationists cited culture, tradition and religion to defend their reservation.

Amie Sillah’s Comment

Culture is not static but is in transition. Religion should not be used to oppress women. All religions oppose exploitation and oppression. The Protocol is calling on African states to adhere to best practices to protect the rights of half of our population

Society is like a bird with two wings. Can a bird fly with one wing? Certainly not. Africa cannot develop in bad governance which enhances poverty, gender inequality, social exclusion, patriarchal structures and social injustice. Gender equality means partnership, social justice and social inclusion.





HARDSHIP AND PROBLEMS FOR THE 2005 HAJJ SEASON

By Abdoulie Dibba

During the questions and answer session at the National Assembly, the member for Jarra West, Hon. Kemeseng Jammeh raised the following questions regarding the Hajj: “Mr. Speaker, could the Secretary of State for the Interior and Religious Affairs explain to this august Assembly the reason(s) why this year’s Hajj programme witnessed unparalleled hardship and problems?”

In response, SoS Samba Bah indicated that the 2005 Hajj operation experienced difficulties in respect of two issues namely Hajj visas and aircraft to lift pilgrims to and from Saudi Arabia; that the Saudi visa team arrived in The Gambia late despite several promises of an early arrival. As a result, SoS Bah said, arrangements were made with the Saudi Embassy in Dakar to process some of the Hajj visas and that the rest of the visas were issued in Banjul when the visa team finally reached Banjul on the 1st of January 2005. SoS Bah indicated further that there was also a delay in the travel arrangements. He said the aircraft companies contracted by the Gambian travel agencies failed to secure landing slots in the Kingdom. He said that it took the joint effort of the Amir-ul-hajj, The Gambia embassy staff and the travel agencies to resolve the issue in time.

In a supplementary question, the Minority Leader and member for Serrekunda Central, Hon. Halifa Sallah, raised the following question: “Could the Secretary of State explain to this Assembly the effort taken by the government to ease access to get the visas?”

In response, SoS Bah indicated that both the President and his Department did take up the matter with the Saudi Embassy and that in the future, such a thing will not happen.

In another supplementary question, Hon. Kemeseng Jammeh raised the following question: “Could the Secretary of State give the assurance to this august Assembly that such hardship and problems will not occur again?”

In response, SoS Bah said that the arrival of the Saudi visa team is beyond their control but for the rest, the Amir-ul-hajj is back in town and that he is preparing his report which his department’s committee has to study. He pointed out that at the end of the study, the Hajj Decree will be repealed and replaced with an Act of the National Assembly to address the issue of Hajj.

The member for Upper Saloum, Hon. Hamat Bah raised the supplementary question as follows: “Could the Secretary of State for Interior and Religious Affairs look into the conditions of the Gambian pilgrims with a view to improve them because they are subjected to terrible and dilapidated condition in the kingdom of Saudi Arabia?”

In response, SoS Samba argued that that is why they are repealing the Hajj Decree and come up with a Bill that will address these conditions.



INDEPTH REPORT ON DARBOE & CO MURDER TRIAL



By Emil Touray

The protracted legal battle involving the state and the head of the United Democratic Party Ousainou Darboe, his body guard, Rewan Seck, Momodou Lamin Shyngle Nyassi and Lamin Marong resumed at the Banjul High Court before Justice Tahirr last Wednesday.

Testifying before a crowded court room, prosecution witness, Inspector Malamin Ceesay of the Kotu Police said the investigation team that left Banjul on the 18th day of June 2000 to investigate the crisis between the UDP and APRC party militants in Basse, included himself, Sergeant Aziz Bojang,(now Superintendent of police) Jaye Sowe, then Crime Management Coordinator of the Gambia Police Force, and Assistant Superintendent of Police, Ousman Jatta. Inspector Ceesay said the team of investigators which was led by Jaye Sowe to Basse to investigate the death of one Alieu Njie. Mr. Ceesay said Aziz Bojang left for Ghana on a training workshop whilst Jaye Sowe has left the country. He said he understood that Ousman Jatta was picked up at one time, but cannot shed light on his whereabouts.

According to the witness, upon arrival at Basse Police Station, the team met members of the UDP who were detained at the station. He said the team did not meet the Station Officer commanding the police station (Inspector Kebba Jammeh) that day. It was reported that the Station Officer travelled to the Kombos.

Continuing his testimony, the witness said Detective Sergeant Sainey Ndure was the most senior officer at the station that day (18th June 2000). According to him, the team of investigators met the police officer in charge of the Basse Division, Malamin Sankareh on the 19th day of June 2000. Going further, the witness noted that the team of investigators interviewed some people at the Basse Police Station on the 19th day of June, whilst noting that the APRC militants did not tell them that they were attacked by the UDP militants.

The witness testified that Musa Krubally, Jewru Krubally and one Abdoulie Jallow claimed that they were attacked by UDP militants on the 16th day of June 2000 at Numuyel Bridge. Inspector Ceesay said he himself together with some of the investigators were taken to the alleged crime scene at Numuyel Bridge by some of the people they interviewed.

He narrated that the APRC militants who took them to the alleged scene at Numuyel bridge did inform them that they were coming from Gambisara and heading to Numuyel when they found out that a vehicle was blocking the bridge. The witness testified that whilst they were strolling around the crime scene, they saw someone working in the garden which was close to the bridge. He said they went to his (Haji Camara) house where they obtained his statement.

According to him, upon arrival at Basse Police Station, the team of investigators interviewed the witnesses who informed them that another incident transpired at Chamoi Bridge. He said the team of investigators asked APRC and UDP militants to accompany them to the crime scene a Chamoi bridge. Testifying further, the witness said that both parties provided them with representatives who accompanied them to the crime scene at Chamoi bridge. He noted that the alleged scene lies between Kundam and Chamoi.

Continuing his testimony, the witness explained that the team of investigators found cutlasses, sticks, stones and a burnt Mitsubishi at the crime scene. Going further, the witness said the aforesaid items were collected from the alleged crime scene and taken to Basse Police Station. In his testimony, the witness said the APRC militants claimed that they were from sensitization programme coming from Kulari towards Chamoi where they were attacked by the UDP militants. The witness noted that Alieu Njie died at Basse Health Centre and his body was later moved to Banjul.

According to him, the detainees consisting of Ousainou Darboe, Shyngle Nyassi and others did inform them they preferred to keep silent, noting that the team of investigators later decided to close their file and arraigned the accused persons before the Basse Magistrate Court. He said the court later made an order for the accused persons to be transferred to Banjul under police escort.

The witness was led into his evidence in chief by prosecutor Shanaka Wijesingkhe. The head of the defence team, Antouman Gaye, took from where the prosecutor stopped and subjected the witness to vigorous cross-examination.

Gaye: Is your evidence that the investigating team visited two scenes of incidents?

Witness: Yes.

Gaye: On the 18th day of June 2000 when you were going to Basse with the team of investigators, what was your rank?

Witness: I was a Sergeant.

Gaye: You went to the first crime scene with the APRC people?

Witness: Yes.

Gaye: According to your evidence, the UDP people were detained at the Basse Police Station?

Witness: Yes.

Gaye: Can you tell the court why you went with the APRC people and not with both parties?

Witness: The UDP people said they were not aware of any single such attack at Numuyel bridge.

Gaye: Who told you that?

Witness: I cannot remember.

Gaye: You cannot remember because no one told you?

Witness: They told me.

Gaye: Did you interview Mr. Darboe?

Witness: No.

Gaye: Who interviewed them?

Witness: I don’t know.

Gaye: How many of you went to the second scene as investigating officers?

Witness: Myself, Ousman Jatta and Aziz Bojang.

Gaye: Where was Jaye Sowe?

Witness: We left him at Basse Police Station.

Gaye: Could it be true that among the three of you, you were the most junior?

Witness: I was senior to Aziz.

Gaye: (You yourself) Did you make a report?

Witness: I contributed to a report.

Gaye: Did you sign the report?

Witness: No.

Gaye: Can you recall who signed it?

Witness: No.

Gaye: How many cutlasses did you discover?

Witness: Two.

Gaye: How many stones?

Witness: I did not count them. They were many.

Gaye: Describe the circumstances you found the sticks, stones and cutlasses?

Witness: When we arrived at the scene, we checked around and found the items mentioned earlier off the road, and the burnt vehicle was found 150 metres from the eastern part of the road.

Gaye: When you were going to the crime scene, did you know what you were going to look for?

Witness: We were going to look for any possible clue.

Gaye: Did you know that you were going to look for sticks and stones?

Witness: No.

Gaye: Did you discover knives?

Witness: Not at all.

Gaye: Those items that you said you discovered, can you recall who among the investigating team discovered them?

Witness: They were off the road, not far from each other. I saw them and Aziz saw them.

Gaye: Did you do anything with the items that you discovered?

Witness: We treated them as exhibits.

Gaye: You labelled them?

Witness: Labelling is normal.

Gaye: Did you carry out any forensic examination on these items?

Witness: No.

Gaye: Having discovered these items, did you show any of them to the accused persons?

Witness: No.

Gaye: You know Mr. Darboe for many years?

Witness: Yes.

Gaye: You know that Mr. Darboe has defended more people charged with treason and murder than any other lawyer?

Witness: Yes.

Gaye: Even the police, if they are charged with murder, they to go Mr. Darboe. He defended Inspector Kinteh of Brikama who was charged with murder?

Witness: Yes. I know about that.

Gaye: Detective Sainey Ndure was next to Kebba Jammeh. Did your team find out if the detectives at Basse carried out any investigation before your arrival?

Witness: I don’t know.

Gaye: You discovered those items on the 19th June 2000?

Witness: Yes.

Gaye: You want your lordship to believe that those items were lying where you found them waiting for you?

Witness: We found them there and treated them as exhibits.

Gaye: What were your detectives in Basse doing?

Witness: They were conducting an investigation.

Gaye: Did your detectives at Basse provide you with any report of their investigation?

Witness: I did not see it.

Gaye: Did you people carry out during your investigation anything you call confrontation in the police between the APRC and the UDP?

Witness: No.

Gaye: Did Sainey Ndure and any officer at Basse inform you that before your arrival, they went to the scene?

Witness: No.

The defence team which was headed by Antouman Gaye included Mariam Denton, Sheriff Tambedou, Neneh Cham Chongan, Sagarr Jahateh, Musa Batchilly, Rachel Mendy, Combeh Gaye and Lamin Jobarteh. The prosecution has closed its case and the accused persons are expected to enter their defence this week.



IN MEMORY OF DEYDA



PRESS RELEASE

The steering committee set up by the Gambia Press Union to coordinate activities after the murder of Point Editor and co-proprietor Deyda Hydara last year has, after a series of consultations with the latter, linked up with civic society groupings and NGOs through TANGO and The Civil Society Forum to, on a continuous basis, plan the way ahead in the area of civil liberties and the protection of journalists and individual citizens involved in human rights activities, and to sensitise the general public on the importance of civil liberties including freedom of _expression in a democratic society, and the growing need for the security of all concerned with such matters. The immediate goal is to bring an end to impunity for such criminal acts as the murder of Mr. Hydara and to that end bring pressure to bear for effective investigation to bring the culprits to book.

Already, a tentative programme and plan of action has been drawn up for the year 2005:

1. In order to keep the memory of Mr. Hydara alive, a major objective is to establish The Deyda Hydara Foundation for Press Freedom to be supported by gifts and donations from individuals, charitable organisations, institutions and governments. The foundation will promote and support research into the field of freedom of _expression, engage in the training of journalists, and make an annual Deyda Hydara Prize Award to the journalist who has done the most to advance the frontiers of freedom of _expression. It will also observe 16 December with suitable activities on annual basis. The composition and mode of operation of the foundation, to be launched during this year’s commemoration of Deyda’s murder on 16th December, will form the subject of a separate memorandum which will be drawn up after due consultation with Mr. Hydara’s family, whose interest will be paramount in all aspects of the foundation’s work, and the Point newspaper.

2. A high level symposium will be organised at a date to be made public in due course for representatives of the government institutions concerned with information and security; politicians; interest groups; journalists and individuals as a first step on the theme of ‘Freedom of _Expression and the Security of the Individual in Today)s Gambia.

Another activity to be carried out is the erection of a plaque on Freedom of _Expression Day on May 3 200S to mark on a permanent basis, the spot where Mr. Hydara was so brutally gunned

down on 16 December 2004. In this respect, the Department of State for Local Government and Lands will be requested to facilitate the implementation of this aspect of the programme of activities.

In connection with the first anniversary of Mr. Hydara’s murder on 16 December 200S funds will be solicited for an international conference in Banjul to highlight the problems of security for journalists especially in Africa and to make recommendations to governments security services and international organisations like the UN, the AU, ECOWAS and the Commonwealth on the role of journalists in society and the need for authorities and society as a whole to recognise respect and accommodate the work of all media practitioners since this is a vitally component part of any democratic society.

The above tentative programme is still being discussed and is therefore subject to change before final adoption later this month. Suggestions and comments from the general public are welcome and should be forwarded to the Joint Committee on Civil Liberties, TANGO head office.





COMPLAINTS TO THE

OMBUDSMAN

According to section 10(2) of the Ombudsman Act “The Ombudsman may in the public interest publish his or her findings at the end of her investigation. Below is a sample of completed cases forwarded by the Ombudsman for publication.

Complain Nr:   32/02

Complaint: Underpayment of Pension Allowance

Complaint

 Complainant retired from the Civil Service in 1979 as a Quarter Marine and his pension was D1392.96 and was paid monthly allowance of D116.00. His pension was increased in 2000 to D4983.00 annually and a monthly payment of D415.15 but instead he is paid D415.25 quarterly.

Investigation

The Accountant General was contacted to regularise the situation on a letter dated 13th June 2002, Ref: OMB/COMP/ (498). After a thorough analysis of complainant’s pension payment, the Accountant General informed the office that they have found out that complainant was underpaid as follows:

 January -December 2000 =D2588.64      January -December 2001 =D2588.64       January -July 2002    =            D1600.62    Total = D6777.90

Furthermore complainant’s pension as at June 2002 was D465.98 per quarter. As of September 2002, his quarterly pension will be D383 x 3 months =D1151.97. Therefore his pension payment will be regulated as of September 2002 since his option for payment is quarterly.

 Recommendation

 Complainant was informed to contact the Accountant General’s Department for his underpayment of D6777.90.




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