Foroyaa Newspaper Burning Issues

Issue No. 38/2005, 16-18 May 2005



Editorial

Under 17’s Success

Football, Patriotism and Vandalism

Every human being needs dignity and self worth. Every human being needs a grain of self esteem. Every nation needs integrity. The self esteem of a nation is patriotism.

Self esteem is however different from pride. Pride depicts self centredness, arrogance and haughtiness. The proud person does not recognise the dignity and worth of the other person.

In the same vein patriotism is different from national pride and arrogance. National pride and arrogance leads to national chauvinism.

This is the root cause of discrimination and marginalisation of people. Competition based on national squads has given rise to national esteem being associated with the victory of one national team or the other.

Football is therefore promoting patriotism. This is not negative by itself. However, if national esteem is transformed into a national pride and arrogance then the effect of victory becomes negative.

Such national arrogance is both self destructive and destructive to others. People drunken with national pride end up loding self control when they have victory or suffer defeat. Loss of self control is manifested in yelling at people, pounding on vehicles, rough driving, drunkenness and other forms of euphoric behaviour. In some cases, it is characterized by attacks on referees, throwing of bottles at the victorious players and their supporters. All these things impact negatively on peace and tranquility.

It is therefore necessary to know that preparing a national squad for international competitions should go hand in hand with the education of nationals to know to know the essence of national self esteem or patriotism. They should know that only a person with self esteem promotes the dignity of a nation. Victory or defeat in football or other sports should not be equated to the corrections of religious or other supernatural interventions. Sports should be seen as a mere game designed to give recreation to human beings. They should not lead to friction, destruction of property and death. This is the correct view on sports.



HEAVY RAIN BATTER CRD SOUTH

By Tombong  Jadama

As farmers make full preparations for the forthcoming rainy season unexpected heavy rains have battered the greater part of the CRD South and some parts of the URD. The unexpected down pours have been experienced in the wake of extremely hot and humid weather on the 10th and 11th of the month.

At this time of the year people in the provinces experience extreme hot weather during which many sleep outdoors, where the temperature drops as the night progresses. It is also at this time of the year that farmers prepare their farms and refurbish their equipment. On that particular day of the 11th May, 2005, temperatures soared up to above 45’C, it was even impossible to breathe because even the air was very hot.

As the sun disappeared in the horizon, heavy cloud formation started in the eastern side of the country. The clouds got heavier as the clock approached 9.00pm. People did not bother themselves as their minds were not on rain coming at that time of the year. All of a sudden, the wind started blowing in a gentle cool breeze, which encouraged the people all the more, to stay outdoors and enjoy the coolness of the breeze. As the wind became stronger, lightening started and all of a sudden darkness covered the night sky. The sudden gust of the wind brought with it a cloud of dust followed by heavy rain which caught people unawares. By 10.30 pm the rain got heavier. It rained heavily for one hour, forty five minutes. The rain measured 26.3 mm on the rain gauge at the Bansang Hydrometeorological Station.

On the 12th May 2005 a lot of erosion could be seen, caused by the rains of the previous night. Pools of water could be seen filling open pits and water catchment areas. The down pour has been heavy from Brikamaba to Sarebojo, while severe erosion can be seen around the vicinity of Fullabantang.

According to some farmers, some crops like early millet and coos can be planted, due to the weight of the downpour. At the Hydrometeorological Station of Jangjangbureh, the Station Officer indicated that the downpour should not be seen as the start of the farming season but a product of climate change.



LRD Commissioner Promotes Forced Labour

By Yaya Dampha

Recently the Commissioner of LRD, Mr. Lamin F. S. Manneh, Chairman Wally Sanneh and Chief Yaya Jarjusey invited all the shopkeepers and vendors to a meeting held at the Chief’s compound.

During the meeting, Commissioner Manneh told the gathering that he is not happy with the way the national operation clean the nation is being conducted. According to him many of the vendors/shopkeepers will stay at home on the day of the cleaning exercise while the general public participates in the cleaning. He said that as from the next cleaning exercise, everyone will participate by force. He called on the police to arrest anyone who is found sitting or doing something else other than cleaning. He also promised to take the names of all the vendors and shopkeepers who fail to attend the cleaning. He said that stalls will be taken from anyone whose names are taken for not attending.

Similar remarks were given by both the Area Council Chairman and Chief Jarjusey. Chairman Sanneh said that anyone who has a shop at the Soma Market and fails to turn up for cleaning will lose his or her shop.

After the meeting, a group of vendors and shopkeepers who spoke to this reporter, expressed dissatisfaction with the move of the local authorities. One of them said that he had earlier on suggested to the authorities that the market vendors should have been allowed to open their shops and asked to clean their immediate environments. He said that in this way, the whole market would be cleaned by the end of the day. Another shopkeeper asked how they could be forced to clean the market without allowing them to open their shops.  He said that the whole of Soma Market is cleaned every day by the shopkeepers and vendors and that any time they do this cleaning, they always dump the refuse in the same place without it being collected by the Council.  He explained that this situation had even forced the health authorities to come to the market and ask the vendors to stop selling. He said the Council has to intervene and plead with the health officers to pardon them.

A Police Officer who spoke to FOROYAA on condition of anonymity said, “I don’t know how we are to charge those who fail to attend the cleaning exercise since it is not a law?”

Editor: The Constitution of The Gambia, our nation laws and international instruments forbid the use of forced labour and unlawful arrests and detention. Will the commissioner defy reason and the rule of law and act unlawfully by ordering the arrest of lawful citizens going about their lawful businesses? Will the police collaborate by effecting unlawful arrests and detention, even tough they know that there is no basis to do so? It is important to bare in mind that Mr Mbenga was awarded a sum of D35,000 for damages for false imprisonment because the police arrested him and detained him without good reason for 30 minutes. The amount had to be deducted from their salaries.



PROPRIETOR OF HARRY’S SUPERMARKET IN COURT

The criminal matter involving the Inspector General of Police and the proprietor of Harry’s and Kairaba Supermarkets, Surresh Kumar Wadwani, resumed at the Kanifing Magistrate Court on Wednesday with Magistrate Mboto delivering a verdict on the bone of contention between the prosecution and the defence regarding the relevance and custody of the destruction certificate prepared by the medical officer, Sheriff Badjie, who testified as the first prosecution witness in the ongoing criminal matter.

The accused, Surresh Kumar Wadwani, is charged with the sale of articles unfit for human consumption, contrary to section 172 of the criminal code, cap 10, volume 111, laws of the Gambia 1990.

According to the particulars of offence, Surresh Wadwani of Harry’s and Kairaba Supermarkets, situated in Kairaba Avenue in the Kanifing Municipality, between February 2002 and January 2005 sold food and drinks as articles unfit for human consumption, knowing or having reason to believe that it is noxious.

The accused is also charged with sale and exposure of food and drinks contrary to section 5e of the economic crimes decree of 1994 specified offences (decree 16).

According to the particulars of offence, Surresh Wadwani of Harry’s and Kairaba Supermarkets, between 2002 and February 2005, intentionally sold or exposed for sale, food and drinks as articles unfit for consumption, an act that is detrimental to the health and welfare of the people of the Gambia.

Readers could recall that during the last hearing of the case, defence counsel, Sheriff Marie Tambedou, objected to the tendering of the destruction certificate that was prepared by the first prosecution witness who inspected and recommended the destruction of some of the food items that were found with the accused person. The objection raised by Tambedou was that the certificate was a photocopy and that it was not relevant to the matter. He also raised objection on the proper custody of the document. Tambedou’s objection was countered by the prosecutor, Chernor Marenah, who cited certain provisions of the Evidence Act to support his position. Marenah cited legal authorities to show the circumstances when photocopied documents become admissible in court. On the issue of proper custody, Marenah relied on certain provisions of the Evidence to define the meaning of custody. Counsel Marenah cited certain provisions of the aforesaid act to buttress the relevance of the destruction
 certificate. The learned prosecutor argued that the document is from a proper custody because Sheriff Badjie is the maker of the document.

Delivering her verdict on the bone of contention on Wednesday, the learned trial Magistrate ruled that the destruction certificate is certified by the witness, Sheriff Badjie. Her worship ruled that the document is from proper custody. She noted that the document sought to be tendered by the prosecution is relevant to the matter because the witness said in his evidence in chief that “Wholesome” referred to in the document means items unfit for human consumption and it deals with the items for which the accused is charged. The document was admitted in evidence and it was marked Exhibit A.

Continuing his testimony, the witness said he also prepared a detention certificate for the rest of the other food items that were recovered from the accused person and detained. At this point, he was asked whether he would be able to recognise the detention certificate if he saw it. The witness responded in the affirmative. He was later given the detention certificate which he identified. At this point, Chernor Marenah applied to tender the detention certificate. His application was not objected to by Counsel Tambedou. The detention certificate was admitted in evidence and marked Exhibit B.

Badjie testified that the items detained included food items found in the verandah of the accused’s house, at Harry’s and Sony’s supermarket. The witness said the inspection of the items was started by officials of the National Intelligence Agency who took some food items from Sony’s supermarket. He also told the court that during the inspection exercise, twelve items which were either expired, rotten or infested were found at Harry’s supermarket. Going further, he testified that during the inspection exercise, only one item of best before date as of 12th February 2005 was found at Sony’s supermarket. The witness said he was present when the staff of the National Intelligence Agency brought the food items from Harry’s supermarket. According to the witness, the NIA staff had informed him that they did carry out an inspection exercise of all the supermarkets and they came across the food items mentioned in the detention certificate. He noted that forty-two items were involved. He
 testified that the staff of the National Intelligence Agency including himself, found twenty-six different items which were expired in the store and verandah of the accused person’s house. He told the court that he will be able to recognise the items that he recommended for detention. He said the items he recommended for detention were the ones found in the supermarkets of the accused person. The two boxes containing the food items recovered from the accused person were admitted in evidence and marked Exhibit C.

The witness told the curt that he did make a report at the end of the exercise. Counsel Marenah applied to tender the report and his application was not opposed to by Tambedou. The report was admitted in evidence and marked Exhibit D. The case was adjourned till the 6th and 7th of June 2005 for the defence to cross examine the witness.



RESTORATIVE JUSTICE AND COMMUNITY POLICING WORKSHOP

By Yaya Dampha

On Wednesday, 11th May 2005, the security officers and the Banjul community converged at the BCC hall for a one day workshop on restorative justice and community policing. The workshop was sponsored by Canadians and conducted by Professor Dr. Stephen Perrote from the University of Halifax, Canada, and some members including two Halifax regional police officers.

Dr. Perrote started by asking both the Gambian police and community members on how the police and community relation in the Gambia was like.

He pointed out that the community-police relations is worst in many countries and that the harmonization of these two bodies is the only way to reduce the crime rates and rate of people, especially the youths, going to jail. He cited that the time his country, Canada started introducing community policing and restorative justice, he was a police officer and felt that the move was aimed at reducing police powers so he resigned from the service.

Dr. Perrote called on both the police and the community to change their attitude towards each other. He warned that if attitudes are not changed, the police will fail the communities and in turn the community will fail society. He said policing does not mean arresting and sending people to jail. It is not the police who should be carrying out unnecessary orders from the politicians.

He also noted that different communities need different solutions and that cultures and religions should always be put into consideration. He said the police are the communities and the communities are the police. He said that no community can be policed without the former accepting them.

He said that the Canadians do not want a police state; and that was why they accepted community policing and that he also thinks the Gambian people do not equally want a police state. He said in doing community policing, the police have to stop taking bribes in order to have respect from the community they are set to police. Hence, community policing needs both moral support and courage for it to be implemented. He also noted that community policing is not aimed at reducing police powers as many in the service tend to believe. He said that a powerful police force is the one who gives power to the community. Professor Perrote finally said that policing should not be based on tribal, religious or sectional issues and that party affiliation should not be allowed.



AT THE NATIONAL ASSEMBLY

DoSE UNDER THE MICROSCOPE OF THE NATIONAL ASSEMBLY

Part 10

FOROYAA has been publishing the report of the National Assembly Select Committee on Education and Training submitted to the Assembly for approval. In this issue, FOROYAA publish the revelations of the report on Gambia College.



On Enrolment, Assessment and Standard

The report reveals that the West African Examination Council conducts fee paying entry examination using cut off marks and that the number of candidates with the pass mark is low and so the college is forced to bring the cut off mark down and accept those below the cut off marks. With regard to assessment, the report indicated that students are assessed through written tests, terminal and comprehensive examinations and that communicative grade point average (CGPA) of 2.50 is used to determine progress, yearly promotions and graduation at the end of the courses. The report pointed out that students, who do not satisfy this, either repeat or withdraw from the course. Although the report states that, the large size of the classes and inadequacy of staff has a direct impact on the quality of assessments, some of the students score up to 4.0 consistently up to graduation. The report reveals that certificates at graduation are not categorized to distinguish performance.

On Research

Regarding research, the report reveals that research in the college is virtually non-existent and that the D15,000 (fifteen thousand dalasis) provisions for research is grossly inadequate because not much can be done with it. It reveals that training packages to be prepared for students on distant learning sometimes reach students late.

On Staff  Motivation

Regarding staff motivation, the report states that the attrition rate is quite high and that the pay scale is not considered good enough for lecturers. It indicates that there is no special pay scale for the college staff and that the government integrated pay scale is being used. The report further reveals that mobility for promotions is largely horizontal; that there are no incentives, benefits or loan schemes in the college for the staff. The report goes further to say that the lecturers feel that they lack status and do not feel like intellectuals and that there are insufficient long term training opportunities. It indicates that not many arrangements are made for exchange programmes and they do no research either. The report pointed out that the academic staff is not much involved in the running of the institution because they are not represented at council, where decisions are made. It goes on to state that consultancies for the college are frustrating because consultants who
 do not know the situation, needs and conditions of the college are sent to direct lecturers. The report indicated that lecturers in the School of Education are over burdened with work particularly on assessment.

Other Constraints

In concluding on the Gambia College, the report revealed that the following are constraints faced by the college:-

1.   Weak linkages with the University and students have reportedly been found to be attending courses in both institutions concurrently. Though they usually choose to continue with the University when found out, there should be a mechanism in place to monitor such practices.

2.   The college is alleged to be used as a transit point for those who are planning to travel overseas.

3.   The college does not generate revenue and government subvention has reduced. Consequently, funds are insufficient.

4.   No regular exchange programmes for students.

5.   Late receipt of government funding resulting in the late start of courses. For example, this year’s PTC started in late November which was quite late.

6.   A lot of interruptions.

7.   College vehicles impounded by the Army

8.   No feedback of any form from officers when hopes are raised on certain issues. For example from the feasibility studies done.

9.   Low enrolment rate for HTC.

10.  Scholarships channelled through the Department of External Affairs do not favour lecturers.

In trying to redress the constraints, the lecturers gave some suggestions as follows:-

(a)  Revisit the College Act of 1990 and look at respective mandates therein.

(b)  Allow the College to generate funds

(c)  Have a tangible administration oriented towards the development of the college

(d)  An annual conference

(e)  An upgrading of lecturers

(f)   Provision of more resources in general

(g)  Treat students as mature students and wean them from certain provisions like meals.

(h)  A face to face dialogue forum between the Department of State for Education and the College staff.

(i)   Effective bonding of students in the system after graduation. These, the lecturers say are the ways forward.

See next issue on GTTI



African Commission Ends 37th Ordinary Session



By Sarjo M. Camara

In conformity with the relevant provisions of the African Charter on Human and People’s Right, notably in its Article 42.3 and the Rules of Procedure in its Article 1, the African Commission on Human and People’s Right held its 37th Ordinary Session in Banjul, Republic of The Gambia, from 27th April to 11th May chaired by Commissioner Salamata Sawadogo, Chairperson of the said commission. Participants at this years’ session were commissioner Yassir S.A El Hassan, Vice Chairperson, Muhammed A. Ould Babana; Andrew R. Chigorera, Vera M Churwa, Emmanuel V.O Dankwa, Jainaba John, Angela Melo, Sanji Mmasenono Monageng and Bahame Tom Mukirya Nyanduga. As a prelude to the 37th Ordinary Session of the African Commission, the NGO community met, as is the custom, from the 24th to 26th April, 2005 to prepare its contribution to the general human rights situation. The Chairperson lauded the improvements that have taken place in a number of states but however deplored the persistent violation of
 human rights in other countries. Finally the Chairperson urged state parties to discharge their obligations in conformity with the African Charter. The communiqué emphasized on the address of H.E Mr. Raymond Sock. The Attorney General and Secretary of State for Justice of the Republic of the Gambia, intimated that respect for Human Rights is a challenge which should be taken up by the African countries. He urged the state parties to implement the different provisions of the African Charter in order to achieve this. He urged the African commission to continue to play the role entrusted to it so as to guarantee the effective enjoyment of all the rights guaranteed in the said charter. In her speech, the Commissioner for Political Affairs of the Commission of the African Union, Mrs. Julia Joiner, began by delivering the message of greetings and encouragement from the chairperson of the commission of the African Union, Professor Alpha Omar Konare, before declaring that her presence was a
 testimony of the importance accorded by AU to the issue of human rights in Africa. Moving to the subject of the merger of the African Court of Human and Peoples’ Rights, Mrs. Joiner said that the commission of the African Union is quite advanced in the study of this merger commanded by the need to rationalize the use of resources. In conclusion, Mrs. Joiner declared that in 2005, the AU commission would be introducing the Human Rights Defenders Prize which will be awarded every year. Mr. Sidiki Kaba, President of the FIDH made his presentation on behalf of the community of Non governmental organisations. Expressing his hopes as well as his concerns on the general Human Rights situation on the continent, Mr. Kaba expressed his satisfaction with the relations existing between the ACHPR and the NGOs who ceaselessly combine their efforts in the promotion and protection of human rights in Africa. Having enumerated several cases of human rights violations in a number of countries, Mr.
 Sidiki Kaba reiterated the determination and willingness of the NGOs to endure in their task of protecting Human Rights in Africa. In conclusion, Mr. Kaba urged the states to ratify the Protocol establishing the African Court on Human and Peoples’ Right and that relating to Women’s Right in Africa.

The session was attended by three hundred (300) participants representing twenty-eight (28) state parties, six (6) National Human Rights Institution, six (6) intergovernmental organisations, and one hundred and ten (110) African and international and non-governmental organisations. State party delegates and representatives of National Human Rights Institutions and International governmental organisations, made statements on the human rights situation in their respective countries. Representatives of NGOs also made statements on the human rights situation in various African countries. Some of these countries used their right to reply. On the 3rd May 2005, His Excellency Alhagie Yahya Jammeh, President of the Republic of the Gambia, received the members of the African Commission on Human and Peoples’ Rights in audience. During the meeting H.E the President reiterated his total willingness and the commitment of the government of The Gambia to support the African commission in its
 mission. The members of the ACHPR wished to express their profound gratitude to H.E of the Republic of the Gambia. The African commission granted observer status to the following non-governmental organisations: NGO Ogiek Welfare Council, Kenya; Canadian Foundation for the Rights of the Individual, Canada; Les Enfants de Demin, Benin; The Agora Group for Research on Children’s Rights and Peace, Senegal; The Pan African Thomas Sankara Association, Republic of Congo; Voice of the Oppressed for Human Rights, DRC; Social Alert, Burkina Fasso; The SADC Lawyers Association, Botswana; Noon Centre for Legal Consultation and Human Rights, Sudan; Zimbabwe Lawyers for Human Rights, Zimbabwe; Forest People Programme, UK; Indigenous Movement for Peace Advancement and Conflict Transformation, Kenya; Committee of Huamn Rights Observers, KODO, DRC.

This brings the total number of organisations enjoying observer status to three hundred and thirty two (332).

The members of the African Commission on Human and Peoples’ Right adopted the Reports on Promotional mission to Angola, Republic of Congo, Nigeria, Sierra Leone and to Sudan as well as the Mission Reports of the Special Repporteure on Prisons and Conditions of Detention in South Africa, in the Cameroon and in Ethiopia. The African commission also adopted resolutions on: The human rights situation in Darfur, Sudan; The Human Rights situation in Togo, The creation of an efficient African Court on Human and Peoples’ Right.



AFRICAN LEADERS ASKED TO APOLOGIZE



By Sarjo M. Camara

Participants at the ongoing 37th Session of the African Commission on Human and People’s Rights have unleashed strong barrages of criticism and condemnation of African leaders for the deplorable human rights situation and poverty on the continent. At the meeting, the participants asked African leaders to apologize to their citizens for the poor human rights situation noting that journalists, the opposition and minorities bore the brunt of the violations. The meeting noted that while Africa is the richest continent in terms of natural resources, it is the poorest continent. The participants pointed out the numerous international and local instruments that have been signed in support of human rights, yet the continent is unable to implement these instruments. They observed that the majority of Africa’s leaders are only interested in themselves while the vast majority of their citizens continue to suffer from hunger, poverty and abuse of their rights.

African leaders have been accused of monopolizing state media, engaging in business activity, and contributing to the instability of their countries by making the environment very difficult for the opposition to operate. All of these, they contend have contributed significantly to the rise of conflicts and insecurity in Africa. The participants also note with concern the continued practice of slavery on the continent, and increasing incidents of tribalism, and land grabbing. “An apology is what they need to do”, the participants demanded.



Appeal for Assistance for Overseas Treatment

The hospital board of the Royal Victoria Teaching Hospital (RVTH) on the 13th May 2004 produced a medical report on Saikou Janko of Kafuta Village, Kombo East District.

The report stated that the patient, Saikou Janko, age 40, suffered from open fracture on his left leg on the 25th May 2002, and surgery was done.

Presently, Mr. Janko has a chronic osteomylitis and needs further operation but this should be undertaken only after a careful planning and identification of sequester and intraosseous abcess.

Recommendations of computed tomography study and tomography sinograms have been made. This type of investigation and treatment, the report stated, are not possible at the RVTH and therefore, Mr. Janko needs overseas treatment.

Mr. Janko therefore appeals and seeks for financial assistance to undergo outside treatment. He can be contacted at Kafuta Village, Kombo East District or telephone 4393177.



---------------------------------
How much free photo storage do you get? Store your holiday snaps for FREE with Yahoo! Photos. Get Yahoo! Photos

¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html

To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤