Foroyaa Newspaper Burning Issues

Issue No. 15/2005, 21-23 February 2005





Editorial

THE PRESIDENT NEEDS WISE

COUNSEL

In an interview with GRTS which was broadcast on Sunday 20th February 2005, the President said, among other things, that he observed that while many cultural troupes participated in the 40th independence anniversary celebrations at the July 22nd Square, no cultural troupe from the Mandinka speaking group participated. He saw this as a boycott by the Mandinka speaking group. He argued that there was no reason for this because independence anniversary celebration is a national event. While making reference to the North Bank Road he claimed that he had done more for the Mandinka speaking group than other language speaking groups. He then threatened to extend Operation No Compromise to politics by excluding political opponents from development projects.

It is an indisputable fact that there is no Mandinka, Wollof, Fula, Jola, etc treasury which can be utilized by any of these language speaking groups. We have just one national treasury where all taxes are paid to. The funds from the treasury are used by the government in power to provide services such as education, health, infrastructure and agriculture for the nation as a whole not for any specific language group. Roads are public property accessible to all nationals; it is not restricted to any language group. In fact, the North Bank Road is not only used by residents of the area but by all and sundry including travellers to Basse.

Furthermore, if there is any misappropriation of public funds no language group benefits. Only a tiny clique benefits from the booty. The situation demands that the President moves away from petty issues of tribes or language speaking groups to more relevant issues affecting the lives of the people. He has to explain why the economy is deteriorating and what he has done to redress the situation; how he intends to deal with the problem of lack of drugs at health centres and hospitals, the problem of falling standards in our schools, the problem of credit buying of groundnuts despite endless promises.

Secondly, the President in assuming office while holding the Quran on one hand swore to perform his duties without fear or favour, affection or ill-will in accordance with the constitution and the laws of The Gambia. Now he is saying he will, as from now on, be partial in serving the Gambian people.  It is up to the people to decide whether this is the type of President they want



MEDIA LAWS NOW PUBLISHED

Four Bills relating to the media, which were passed by the National Assembly on 13th and 14th December 2004 and assented to by the President on 28th December 2004, have now been published. The four Bills are the Newspaper (Amendment) Bill 2004, the Criminal Code (Amendment) Bill 2004, the National Media Commission (Repeal) Bill, 2004 and the Constitution of The Gambia, 1997 (Amendment) Bill, 2004.

When a Bill is assented to by the President it becomes law but for this law to become operational it must be published in the Gazette within 30 days. They will then be referred to as Acts of the National Assembly. This is the requirement of the constitution and it is inviolable. For details see Issue Number 13 of FOROYAA.

Since the Bills were assented to on 28th December 2004 they should have been published in the Gazette not later than 27th January 2005. FOROYAA had been enquiring from the official publisher of Gazettes, the National Printing and Stationery Corporation since January but none of these four Acts was published up to 12th February 2005. Not satisfied with verbal communication, we made further inquiry which revealed that the file containing Gazettes published in 2004 did not contain any of the four Acts mentioned above. This confirmed the verbal communications that they were not published. The enquiry continued and up till 17th February 2005 they were not published. When we enquired after the long holiday, on 22nd February we were given the four Acts.

We noticed that the date of publication was 30th December 2004. We brought this to the notice of the official in charge and he claimed that they were printed on 30th December 2004 but they got mixed up with other papers.

This statement in itself is a confirmation that there was no publication. For the Acts to be published they must be available for sale or distribution. They must not be printed and backdated.

In conclusion, the four Acts were not published until after 17th February, 2005 contrary to the requirement of the constitution that they should have been published not later than 27th January 2005. This means that the four Acts cannot become operational.



PARASTATALS TO FINANCE GAMCO



By Surakata Danso

Contrary to claims made by Agriculture SoS that Gamco has enough funds FOROYAA received information that the Department of State for Agriculture on the 7th day of February 2005 gave its approval to the state owned parastatals such as SSHFC and others that are said to be shareholders in Gamco to give an undertaking (guarantee) to the Trust Bank Ltd and Guarantee Trust Bank for a total of D120 million to Gamco. The said approval is given in response to a letter referred to SSHFC / G / 55B of 4th February 2005.

The source further indicated that SSHFC on the 7th February 2005 undertook a commitment to the Trust Bank for a total of D90 million and the Guaranty Trust Bank for D30 million. The source again further informed FOROYAA that the Trust Bank on their part, rejected the undertaking by the SSHFC for D90 million, for the following reasons:

1.         To provide the bank with a board resolution from all the involved public enterprises in Gamco.

2.         To provide treasury bills certificates to the value of D90 million to enable Trust Bank seek waivers from the Central Bank; that the same arrangement was made with the Guaranty Trust Bank.

FOROYAA’s source finally indicated that on the 10th February 2005 SSHFC gave approval for the submission of D120 million worth of treasury bills to the two banks as colaterals for the loan to Gamco for a period of nine months.

It could be recalled that all the stakeholders in the marketing of the groundnut subsector were disqualified by the Department of State for Agriculture except Gamco on the grounds that only Gamco had met its requirement of depositing D120 million with a bank.



GAMBIANS ABROAD PETITION WORLD LEADERS

FOROYAA received a memorandum on ‘A CALL FOR URGENT INTERVENTION’ issued on the 18th February, 2005 by the newly formed United Kingdom based Gambia Press Union and reported to have been submitted to the British Prime Minister, Mr. Tony Blair, at No. 10 Downing Street in London. It states, “Our hearts are filled with grief and sorrow as a result of the death of a leading Gambian journalist and publisher of The Point newspaper, the late Deyda Hydara, who was brutally murdered on the 16th December 2004, in The Gambia while driving home. Eyewitness accounts indicate that he was shot at from a car without number plates. Two members of Hydara’s staff, Ida Jagne-Joof and Nyang Jobe, who were with him in his car at the time of the incident, are currently receiving treatment at a hospital in the capital of neighbouring Senegal, Dakar.”

The memorandum further went on, “Mr. Hydara’s death is the latest in a trail of murders and arson attacks by brutal gangs of criminals, who use vehicles without number plates at night to perpetrate a reign of terror against journalists and innocent civilians. These gangs continue to issue written threats against media practitioners signed as THE GREEN BOYS.”

According to the statement, the GPU / UK branch is urging the British Prime Minister to encourage the government of The Gambia to properly investigate and bring to justice those responsible for the killing of Mr. Hydara. It further went on to lament on the apparent lack of progress in the investigation into Deyda’s death since his murder and that “the police in Banjul have all of a sudden ruled out a political motive, even though all indications portray otherwise.”

The statement indicated that just over a year ago, on the 26th December 2003, a leading Gambian barrister, Mr. Ousman Sillah was shot and seriously injured; that the modus operandi was very similar to that used by gunmen who killed Hydara; that many blamed the attempt to kill Sillah on agents of the government, and in response to the public outcry, the country’s President, Yaya Jammeh, had this to say on 9th February 2004:

“My army and my armed forces are professionals and the whole world knows that. The nature of the offence shows that if it were done by my armed forces, there is no soldier in my army who will shoot at a human being twice and miss and you expect that individual to live.”

It listed a series of atrocities on the media including murder, arson attacks and other acts of banditry on media practitioners and innocent civilians who it states deserve the protection of the state. The GPU / UK branch therefore impressed on the British Prime Minister that they are “extremely disturbed by the fact that in each of these cases investigation has been promised by the police only to end up with excuses, such as “witnesses have not been forthcoming”; that such heinous crime ends up being swept under the carpet; that this situation is intolerable; that it cannot and must not be allowed to continue.

They concluded that such a trend is inimical to peace and security and constitutes a threat to democracy and the rule of law.

The GPU / UK branch has therefore made the following requests:

1.         Let the President of The Gambia set up a Commission of Inquiry to find out why the Police are unable to conduct investigation and bring the culprits for the above mentioned crimes to justice, or to urgently seek international assistance if the national police lacks the capacity to carry out the task;

2.         The police should take immediate action to arrest those accused of the arson attack against The Independent newspaper or explain why they are not culpable;

3.         The government must give an immediate order for an end to the use of vehicles without number plates to carry out security duties;

4.         Abrogate the newly enacted laws requiring the courts to send journalists to prison without an option of a fine for any offence caused during the exercise of their duties.

In a similar development, Gambians based in the United States, under the umbrella of the Movement for the Restoration of Democracy in The Gambia (MRDG), came together on February 18th, 2005 to protest the climate of state-sponsored violence, which has recently culminated in the callous and brutal assassination of the veteran journalist.

In a press release issued to the UN Secretary General, they indicated among other things the following: killings and attempted killings; arson and other attacks on the independent media; arbitrary arrests, detention, and torture of political opponents; and the detention incommunicado and disappearance of members of the armed forces.

Since coming to power in a coup d’etat on July 22, 1994, the government of Yaya Jammeh has committed various atrocities such as extra-judicial executions, assassinations, arson, arbitrary arrests and detentions, and “disappearance” against innocent and helpless Gambians; that the catalogue of crimes committed under his leadership is long and unexhaustive, and that they felt it is necessary to list the most salient ones.

Concluding their press release, the MRDG expressed concern and indeed alarm that this state-sponsored violence and culture of impunity have already spiraled out of country; that it is against this background that they are calling on the support of the UN Secretary General in bringing this simple message to President Yaya Jammeh: “Enough of the violence! Enough of the impunity!” They asserted that they cannot let their country slide into civil strife similar to what has been witnessed in the sub-region; that it is for this reason that on February 18th, at 8.00 am they held a demonstration at The Gambia Mission at the UN before proceeding to Dag Hammarksjold Plaza at 10 am.



“BANJUL CITY COUNCIL OVERSTAFFED” SAYS CEO

By Yaya Dampha

The Chief Executive Officer (CEO) of Banjul City Council, Mr. Mustapha Batchilly has revealed to FOROYAA that one of the major constraints in his Council is that they are overstaffed. He said that it is so many years now that the BCC is faced with this constraint but was quick to say that this has not affected the Council’s work. The CEO said that unless the financial bill is put in place Council will continue to face problems here and there. He said it is only the act that can give them their full autonomy as a Council and they would be able to fully control their expenses especially when it comes to staffing.

On rates and taxes, the CEO said that since Council was asked not to man checkpoints along highways, the BCC is equally facing drastic falls in their collection. He said that now they are relying on the Albert Market, car park and the ferry terminal; that this has forced the BCC to engage government on a discussion so that they can bring in the Senegalese type of collection, that is to identify places along roadsides so that when vehicles come to these places they would come down and pay duties.

Mr. Batchilly said that it is not because his Council’s development plans are to be met by collections from the car parks, but it is equally important because his car park managers come with over fifty thousand dalasis weekly before the ban. Mr. Batchilly said his Council realizes the highest collection from the trade licenses, market duties and rates and tax. The CEO complained that a lot of landlords have not paid their rates and also some businesses are yet to pay. He warned that those who did not pay should know that they have violated the law, which can land them in court.

The CEO finally called on the concerned authorities to help Councils so that they can continue to implement their development plans.





PEOPLE’S VIEW ON THE NATIONAL ASSEMBLY

In this issue, FOROY AA got in touch with Haddy Njie to hear her view on the National Assembly. FOROY AA: Can you tell our readers your educational background?

Haddy: I attended Medina Serign Mass Primary School, Gambia High School and then Gambia Hotel School and due to financial difficulties I cannot pursue further education.

FOROY AA: Are you a registered voter?

Haddy: Oh yes! I have been a registered voter since in the 80s.

FOROY AA: Did you vote in the last National Assembly election?

Haddy: No! I didn’t vote precisely because our constituency was not contested?

FOROY AA: So you are happy that your constituency was not contested?

Haddy: No! No! No! I wasn’t happy because the person representing us is not my choice as well as many others but we had no alternative candidate to choose. I must rightly say here that the failure to give alternatives for people to choose their representatives was a real incalculable move on the side of the political parties. This is the situation but I wasn’t happy.

FOROY AA: Are you conversant with developments at the National Assembly?

Haddy: Yes, I am conversant with developments at the National Assembly.

FOROY AA: What is your view on the performance of members at the National Assembly?

Haddy: Well, on general rating I must say that their performance is far below average even though positive contributions and alternative policies are being put forward by some members for the executive to consider regarding the issues of poverty and lack of development of the productive base of the economy. There is still room for improvement. If the National Assembly members perform their role effectively and efficiently as required by the 1997 constitution, then Gambians would enjoy greater liberty, dignity and prosperity. This is so because we all know that it is the National Assembly that approves govemment’s estimates on revenue and expenditure, and also makes laws. So if the

majority of the members are development oriented, they would approve estimates that are geared towards the development of the country, not the development of certain individuals. In the same vein, if the majority of the members respect the fundamental rights and freedoms of the human beings, they will enact laws that protect and safeguard those rights and freedoms. This is what I expect from the National Assembly but my expectations are yet to be turned into reality.

FOROY AA: What is your message to the electorate?

Haddy: My message to the electorate, particularly the elite, is to take elections seriously. The low voter turnout or apathy is not the solution to the problem. The solution to the problem is to exercise our sovereign right to remove an elected person who is found wanting in performing his / her role. It is high time for us the electorate to realise that the country belongs to all of us and that any person who is entrusted with a responsibility must perform it accordingly or leave, full stop!

FOROY AA: Thank you Haddy for sharing your views on the National Assembly with our readers. Haddy: Thanks are due to FOROY AA for enabling people air their view on important issues of this nature.



INSPECTOR KEITA & SERGEANT TOURAY INCARCERATED IN MILE TWO

The prison high command under the leadership of David Colley has come under sharp criticisms from junior prison warders for putting their colleagues behind bars without court order.

Inspector Musa Keita and Sergeant Demba Touray were on Friday arrested and incarcerated at the Maximum Security Wing of the Mile Two Central Prisons following the escape of two inmates.

Reports have it that the two convicts who were believed to be Senegalese nationals each serving seven and eleven years jail terms. Sources have it that the prisoners escaped by breaking the window of their cell and sneaking outside; that the prisoners used the swamps which is closed to their cell as an escape route. Sources also indicated that the escape of the inmates was discovered on Friday morning; that the Director General, David Colley was furious over the matter and ordered the detention of the officers, whom he felt were responsible for it since they headed the said shift.

However, the junior officers feel it is wrong for the officers to be incarcerated without» court order. They hold the view that the Director General is becoming notorious for incarcerating prison warders without court order. They have resolved to take appropriate measures to stop what they described as an abuse of office on the part of the Director General.



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