Issue No. 19/2005, 10-13 March 2005



Editorial

The AU Summit In The Gambia, The Challenge

The president informed the National Assembly that “his government is fully engaged and supportive of the ideals of the African Union.” He added: “As a Gambian, I’m proud to inform this Assembly that next year Africa will come to the Gambia. The plan to hold an AU summit in the Gambia is seen as a great honour bestowed on the country.”

Foroyaa would also like to remind the government that the presence of the heads of state would also put the Gambia under sharp focus. The summit will also draw every body’s attention to the Gambia.

When the debate enveloped as to which country should house the headquarters of the Pan African Parliament, Libya and Egypt were interested. The Libya Government for example was ready to provide all the material resources necessary to support the parliament. However, South Africa which is seen to have a government which is a signatory to the memorandum establishing the peer review mechanism was chosen.

This means that Africa is steadily relying on the quality of government in a country to give it recognition.

Foroyaa hopes that the government will become sensitive to the concerns of all sectors of Gambian society. It is time for it to engage the opposition in dialogue so that all these practices such as the monopoly of the state media by the ruling party can be dismissed and changed.

It is necessary to engage the non governmental media so that all the laws and practices that are inimical to freedom of _expression can be revisited and changed.

The government should look at the dispensation of justice and ensure that arrest and detention are based on law and not might. Just imagine the damage that has been done to the concept of the rule of law arresting and detaining an inspector general of police for over 72 hours without trial, in gross violation of the constitution in the name of implementing operation no compromise. Who then is safe from detention without trial and what message is being transmitted to the sitting inspector general of police but to obey the command of the executive even if it is against the provision of the law. The government should therefore start to implement the ideals of the AU if it is truly supportive of such ideals. First and foremost, it should sign the memorandum of understanding of the peer review mechanism and allow the task forces under the mechanism to rate Gambia in terms of the criteria established to determine the level of good governance.

The visit of the heads of state would only be meaningful if the government cooperates with all sectors of Gambian society to make Gambia an example regarding the degree of implementation of the ideals of the AU.

The honour bestowed on the Gambia goes with the duty of transforming the Gambia into the democratic state that would earn it the respect of those who come into the country.



Gam Petroleum In Brief

First Phase, $20 million Investment



By Yahya Dampha

In Issue No. 18 of Foroyaa 2005, we published the allocation of the land called “Ladulaba” in Mandinari to the Gambia Petroleum Company Limited which Mr. Amadou Samba, Gacem claimed ownership of. It was reported, among other things, that Mr. Samba went to Mandinari with Mr. Edrissa Mass Jobe, SoS Lands and Local Government and also some department heads. It was also reported that Mr. Boto Sonko together with someone of Middle Eastern origin also requested the same land from Mandinari VDC. Foroyaa promised to continue its investigative campaign in order to shed more light on the whole story.

In our investigation we were able to establish that the company, Gam Petroleum Company is owned by one Iranian called Mr. Muhamed Bazzi together with Mr. Amadou Samba. Some unknown persons have also been discovered to own some shares in the company. The Gam Petroleum Company was registered on the 10th of December 2004. on the registration certificate the nationality of the owner of the company is indicated as a Gambian even though Mr. Muhamed Bazzi is said to be the biggest shareholder. (This is possible if he was given that status by the president.)

The project will be implemented in phases. Phase one will deal with construction and turnkey of a petroleum depot, including two gas-oil tanks each with a capacity of 5000 mt of fuel oil, two tanks of 5000 mt each gasoline, two tanks of 2500 mt each and two tanks of jet AI fuel of 2500 mt capacity each. The depot is said to have a total storage capacity of 30,000 mt by the end of phase one. The depot is also to include (1) sealine (L = 3km approx 7 and sub marine hoses and buoys (2) Pig launching and receiving (3) vertical steel tanks and their equipment (4) fire fighting (5) pumping station (6) metering (7) loading arms and  (8) Jet A1 pumping filtration, loading and unloading.

When our reporter got in touch with Edrissa Mass Jobe who was also reported to be at some of the meetings at Madinari during the transaction of the said land, he indicated that he was the consultant of the said project. He said that he was not a shareholder; that he is the engineer for the construction of the depot. Mr. Edrisa Mass Jobe also took our reporter to the site in Mandinari and took him around the site. At the site, both the road construction and soil study is progressing rapidly. Mr. Jobe told our reporter that all those heads of departments and secretaries of state who were one time seen in Mandinari were invited to witness and participate in the review, and comment on the draft report of the environmental impact assessment by Duwajabi International Commerce and Energy Corporation for Gam Petroleum’s Mandinari petroleum storage facility. He said that over 23 heads of departments were invited and not all these invitees turned up. The aim of the review was to look at safety
 and the socio-economic impacts of the project. Mr. Jobe also indicated that the total cost of this company is around 20 million dollars and that is for the first phase of the project. He said that this is going to create job opportunities for many Gambians. Mr. Jobe however commended some of the youths in Mandinari who during their general meeting at the village bantaba requested for the installation of pipe borne water in the village. According to him, this was a good idea; noting that when one wants to help the people, one should provide them with things that would serve long term benefits instead of giving them millions that would only serve them for very short times. He said that in his capacity as the engineer of the company, he recommended to the company owners to provide villagers with water and good roads.

Mr. Jobe told our reporter that he recommended the site to the company after a brief study of the Gambia river basin; that from Banjul along the river bank to up country, Mandinari is the first village where the river bank is free of mangrove trees and that the land is flat; that the area is also free from human habitation and this makes it a safety requirement in case of accidents. He also told this reporter that the company is expected to be operational in two years time; that many of the unskilled workers are also going to benefit from employment during the construction. He said that his company, Elton, is happy to see the delivery of oil products being diversified; that it is very important to have many depots that store fuel for our every day life. He commended Mr. Tsegaye, the country representative of Shell Oil Company for welcoming the new company in the delivery of oil products.

Foroyaa is yet to establish what share is owned by the different persons including Mr. Samba and also who the other shareholders are. Foroyaa will inform our readers as soon as these facts are available.





NIA SCREENING AIRPORT EMPLOYEES



By Abdoulie Dibba

Information reaching the FOROYAA office indicated that the members of the National Intelligence Agency have embarked on screening public servants by asking them questions like their place of residence, political party they support and why they support such a party, the activity (ies) they do after work and so on.

When this reporter visited the airport, he found the team conducting their screening by interviewing the workers of the parastatal. In talking to this reporter, the workers generally expressed their dissatisfaction with the exercise, noting that it constitutes a threat to their employment as well as a violation of their constitutional right to associate and belong to any political party of their choice. The workers indicated that disclosing their political affiliation to these agents would lead to their dismissal.

When the Director General of the NIA was contacted he acknowledged the screening exercise which he said was carried out in respect of employees of the GIA, the Customs, Red Coat, the GCAA and the Immigration Department at the airport. He noted that the move was meant to secure the properties of clients and the airport authorities and pre-empt missing properties.



24TH APRIL 1970 INDEPENDENCE DAY AND NOT 18TH FEBRUARY 1965

WHEN SHALL CITIZENS KNOW THE TIME TO CELEBRATE?



By Sekou B. Nyassi

This is a significant question that every Gambian must answer. Those who know should inform those who do not know especially the young people who were not born in 1965, when the country was struggling to be free from the yoke of colonial domination. 18th February 1965, has been and is still celebrated every year as the year when The Gambia attained independence from the British Monarchy. It is of importance that the struggle for The Gambia’s independence should be known to all the Gambian people so that they can judge whether 1965 should be celebrated or not.

What really existed in the 1960s was that politicians were promoting fanfare instead of educating the people. In 1963, The Gambia attained internal self-government with former President Jawara as Prime Minister, and on 18th February 1965, The Gambia attained independence.

This is the day that is often celebrated as Independence Day. On this day each year school children, teachers, members of NGOs, the police, army and other security forces parade before the head of state, other government officials, ambassadors and other guests and march to the beat: of the army and police band to commemorate what is referred to as independence day.

Few people ask why we continue to have a Governor General appointed by the Queen of the United Kingdom up to the 24th April 1970, even though we were told that The Gambia became independent on 18th February 1965.

The reason why there were two referenda held in 1965, after the so-called independence, and again in 1970 was an indication that the country was yet to be a sovereign state, free from colonial rule or domination.

The inadequacies of the 1965 constitution were that The Gambia was still under the control of the British Monarch and there was a parliament which consisted of Her Majesty and a House of Representative, etc.

A truly independent nation must have power concentrated in the hands of its nationals. The leaders of such a nation cannot be under the direction and control of any foreign power or state.

Some of the inadequacies of the 1965 independence constitution include the provision that the      Governor General may at any time dissolve parliament. And in the exercise of this power to dissolve parliament, the Governor General shall act in accordance with the advice of the Prime Minister provided that the Prime Minister advises a dissolution and the Governor General considers that the government of The Gambia can be carried on without a dissolution and that a dissolution would not be in the interest of The Gambia, he may refuse to dissolve parliament.

There are provisions to show that The Gambia under the 1965 constitution was a constitutional monarchy where the leader still owed allegiance and obedience to the British Monarch. This is the reason why some people still maintain that The Gambia was on the road to political independence in 1965, but did not fully get there. Some further political and constitutional developments had to take place before The Gambia could become a sovereign republic.

The first step that was taken after 18th February 1965 was to find out or consult the Gambian people whether they were ready to become a sovereign people. This was the reason why there was a referendum on 30th November 1965, to find out whether the people wanted a republican constitution and move away from constitutional monarchy. The referendum needed two-thirds majority of the registered voters to stand. The two-thirds majority could not be achieved for The Gambia to become a sovereign republic because of the ignorance of the voters.

The leaders who should have educated the people to know what they were asked was whether they should govern themselves, have power to elect representatives and remove them instead of having a monarch whom they cannot remove peacefully. Clearly if the people knew that a sovereign republic meant that power belongs to them, their consent and their interest, then they would have voted ‘yes’ but they were never enlightened.

The political parties at the time were struggling for power, and each was prepared to undermine the other from leading the country. They forgot the task of serving the national interest. For five years after 18th February 1965, The Gambia remained a colony under the British Monarch. The Governor for five years was Sir Farimang Singhateh.

On 220d April 1970 another referendum was held where the two-thirds majority was achieved and The Gambia thus became a Sovereign Republic on 24th April 1970. The 1970 constitution states that no foreign power or state will have authority to manage the affairs of The Gambia. It also means that The Gambia has political independence meaning that no foreign power or state will determine or decide who is to manage the affairs of the Gambian people and what form of government, the Gambian people will decide for themselves.

All these powers came into being after the 1970 referendum and not 18th February 1965 which is being celebrated every year. We should enlighten the Gambian people to know this. Politicians should stop promoting fanfare and start educating the people on what to celebrate, whether 18th February 1965 or 24th April 1970. It is the duty of Gambian elites as well.



At the National Assembly

FOROYAA maintains that with knowledgeable National Assembly Members, coupled with a responsive and accountable executive, the people would truly become sovereign.  The people need to know how their representatives are performing.

This column is reserved for National Assembly Proceedings and Interviews with National Assembly Members.



CONTINUATION OF PRESIDENT’S ADDRESS



By Abdoulie Dibba

On Women, Youth And Sports

The President in addressing the National Assembly on Thursday 3rd March 2005, indicated that the overall goal of the policy of his government is to maintain gender perspectives in all policies and programmes based on systematic analysis of all levels of government. Therefore, he said, the thrust of the policy is on equity, social order and social well-being, resource allocation, empowerment of women through educational skills development programmes and elimination of harmful traditional practices.

On Youth And Sports

The President said that the Department of State for Youth and Sports continues to promote youth and sports development and a number of remarkable achievements have been made in this area. The President went on to say that this year the Department of Youth and Sports with the support from their development partners namely UNFPA, completed the construction of two multi-purpose youth centres in Farafenni in the North Bank Division and Pakalinding in the Lower River Division. He indicated that the FIFA Goal Project at Yundum will be completed and opened this year. In addition to these, the President said that government has allocated D10, 000, 000 (Ten million Dalasis) for the rehabilitation of major sports facilities including the Independence Stadium and for logistics.

On Health

The President told the National Assembly that significant achievements have been made in the health sector, notably the basic health indicators, reduction in the levels of malnutrition and an increase in the prevalence of exclusive breastfeeding.

On disease control, the President said that the Integrated Management of Childhood Illnesses (IMCI) is one o the new strategies the Department of State for Health has initiated; that IMCI will contribute significantly to the reduction of infant and child mortality.

On HIV/AIDS

On this issue, the President said that he would like to remind the nation of the presence of the killer disease HIV/AIDS in our midst. He argued that despite the seemingly low prevalence rates of 1.2 % for HIV1 and 0.9 % for HIV2, “we cannot afford to be complacent.” The President said that HIV/AIDS has a medical problem that has a social root and impacts most seriously on the economy. He said that the need for enhanced ‘Operation No Compromise’ against HIV/AIDS cannot be over-emphasized. From now the President said, “any behaviour or activity inimical to the effective fight against HIV/AIDS by any individual or group, would attract severe penalties and consequences”.

On Nutrition

The President informed the National Assembly of his government’s resolve to improve food standards, quality and safety in the country. He said he is pleased to inform them that the draft Food Act that was developed by all relevant sectors including the private sector under the co-ordination of the National Nutrition Agency (NaNA) will be presented to this National Assembly for enactment during the current session. The President stressed that he would warn all importers, be they Gambians or foreigners, that drastic measures would be henceforth taken against anyone who imports, sells or distributes expired goods into and in this country. Expired foot items, the President said, are a lethal poison to the health of any human being and therefore very drastic action would be taken against anyone engaged in such “murderous” business activity.

Social Welfare

On Social Welfare, the President said that government has constructed a home for the elderly to accommodate up to 14 elderly persons. In pursuance of the protection of the rights of children, the President said that, “the Social Welfare had embarked upon the following measures: provision of shelter for children in Bakoteh, provision of a child centre in Basse and provision of a new SOS Children’s Village in URD.”

On The Environment

The President said that in the field of environment quality, his clarion call for a healthy environment has been answered as is evident from the awards given to many communities, schools, health centres and public services recently. With regards to environment pollution, the President said, the Stockholm Convention on Persistent Organic Pollutants ratified by the National Assembly in 2003 has now been incorporated into our national laws and is being implemented in earnest.

On Forestry

The President told the Assembly that the Department of Forestry will vigorously continue to disseminate the community-based participatory and decentralized forest management approach for its implementation countrywide. He said that the government will this year revisit the Forest Policy 1995 – 2005 to accommodate all relevant challenges and management principles into the 2006 – 2016 Forest Policy. The President said that with support from the EC and UNDP, the Department is in the process of preparing a national water policy and strategy which will result in the preparation of a national Water Act. The programme, he said, is to install water supply in rural and peri-urban settlements in NBD, WD and URD. He further indicated that the peri-urban component to be executed in collaboration with NAWEC is estimated at about 2 million Euros. The President pointed out that the Rural Water Supply Project funded by the government of Japan has started in earnest with a total budget of 276 million
 Japanese Yen for a period of 3 years. He said the beneficiaries include 12 villages in CRD, 9 villages in LRD, 2 in WD and 6 in NBD; that construction works will start in March 2005 in North Bank Division.

On Local Government And Land

The President said in his address that, “to make the Local Government Act even more responsive to the aspirations of the decentralisatoin process, a Local Government Service Scheme is currently being drafted which, when completed, will serve as the basis for a new Local Government Pensions Bill which will also be laid before this august Assembly for consideration some time this year”. The President further said that to strengthen the legal as well as the institutional framework to enable the agency discharge its mandate effectively, Decree 81 is to be repealed and to be enacted as the NGO Act. In this regard, the President said, a draft Bill has already been drafted for review and this will be subsequently to this august Assembly in 2005. The President said that current changes in economic trends, and demand and pressure on our limited land resources have necessitated the amendment of existing land administrative laws with stringent measures of implementation with a view to
 discouraging land grabbing and speculation.

On Trade, Industry And Employment

In his address the President indicated that his government was engaged in the monitoring of both the stock and price levels of basic commodities in order to ensure that business operators maintain reasonable and affordable prices and adequate stock levels in the market. With the assistance of the Commonwealth, the President said, government has completed the drafting of the legislation on the competition policy and law. “Once adopted, this will serve to protect consumer welfare as well as facilitate the implementation of fair trade practices in The Gambia,” the President added. He said that the Banjulinding Women’s Horticultural Garden has been identified for the establishment of an agro-processing training and production centre; that the construction of the plant is at its advanced stage and will be completed by the end of March this year and training to begin immediately.



On Works, Construction And Infrastructure

The President said that recently, the sum of D297.5 million has been secured from the Saudi Fund for the execution of the Mandinaba – Soma road project. In its awareness of the importance of regional trade in alleviating poverty, government has participated in the ECOWAS initiative called the West African Transport and Transit Facilitation Programme. He said that the agreement between the Republic of The Gambia and the Republic of Mali for use of the Gambia Ports Authority facilities by Malian economic operators is envisaged to produce positive results. He said that the Authority signed a joint venture agreement with BF Marine and Construction (Gambia) Limited for the privatization of the Banjul Shipyard.

On Petroleum Exploration

The President told the august Assembly that “government is now very advanced in its development efforts in the petroleum sector”. He said the “offshore  license round will close by 30th April 2005 and so far over five international oil companies have purchased the tender documents”. The President went on to say that the Gambia government has also signed a US $400, 000.00 (four hundred thousand dalasis) grant with the American government to conduct a study to determine the best option for discharging fuel and for providing optimum fuel depot storage facilities.

On Energy

The President said that “the long-term aim of the government of The Gambia for the energy sector as enshrined in the Vision 2020 document is to maximize the efficient development and utilization of scarce energy resources to support economic development in an environment-friendly way”. In support of this policy, the President said, strategy and action plan, an Electricity Bill will be promulgated in 2005 for the promotion of the generation, transmission, supply, dispatch and distribution of electricity in The Gambia. The President further indicated that as part of their membership of ECOWAS, an Energy Protocol for the region (ECOWAS Energy Protocol) would also be submitted to the National Assembly for ratification in 2005.

On Mining

In the area of mining the President said, the government has recently developed the Mines and Quarries Bill 2004 and will be submitted for legislation in 2005 with the objectives of among other things to provide an enabling environment for promoting local and foreign investment in mineral exploration and development without compromising the environment and public interest.



Concluding his address, the President said that they will “continue to implement the policies and programmes that they are encountering because they are convinced that ultimately what they are doing is for the good of all Gambians”. The curtain of the President’s address is now drawn down.





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.

COMPLAINT NO: 144/02

COMPLAINT OF: UNLAWFUL TERMINATION

Complaint

Complainant was appointed as a Security Guard in 1993 and posted to the Kotu Power Station. Management informed him that a gentleman made a report that he received the sum of D500.00 to supply him with Gas Oil, which he failed to deliver. He denied the allegation and told management the gentleman loaned him the sum, which is to be settled by 31st December 2002, Management did not accept his explanation. He was terminated from the services. He urged the Ombudsman to intervene and recommend for his reinstatement.

Investigation

NAWEC’s Management was asked to react to the complaint. In reply through letter ref: 0/0 AP/VOL.III/ (23) of 17 June 2003. They informed the office that a thorough investigation has been carried out and it was established beyond reasonable doubt that complainant received the sum of 0500.00 from a member of the public with the intent of selling him Gas Oil from Kotu Power Station, which is contrary to their service rules,

Observation

NAWEC should have reported the matter to the Police. A successful prosecution of the gentleman who offered the D500.00 in exchange for public property (the gas oil) could be a deterrent to “gentlemen”.

Conclusion

The office is satisfied that the disciplinary measures taken against complainant were appropriate. Complainant’s main role is to protect NAWEC’s property. His demeanour betrayed the official trust bestowed on him. Management’s decision is justified and made in good faith. The complaint is dismissed for lack of merit.



COMPLAINT NO: 44/02

COMPLAINT OF: UNLAWFUL DISCHARGE

Complaint

Complainant was unlawfully discharged. He revealed that he is suffering from Automatism, an illness that periodically attacked him. He received both local and scientific treatment at the Psychiatric Polyclinic in Banjul. He was discharged under section 13 (I) of the Police Act on the grounds that he was not an efficient Police Officer. He was not paid his annual leave neither was he refunded his medical fees. He

urged the ombudsman to intervene and recommend for his reinstatement and payment of his entitlement benefits.

Investigation

Investigation revealed that complainant was drunk -while on duty. His demeanour on that particular day was incompatible with the etiquettes of a police officer. He was charged under section (1) of the Disciplinary Section 13 (1) of the Police Act and discharged accordingly.

Conclusion

Complainant acted in a disorderly manner prejudicial to discipline, which was likely to bring discredit on the reputation of the Police Force. The case is dismissed for lack of merit.



COMPLAINT NO: 2/02

COMPLAINT OF:                UNLAWFUL DISCHARGE

Complaint

Complainant was enlisted in the Service with effect from November 1996. She was carrying out her duties efficiently until 29th July 1998 when she was issued with discharge letter terminating her services under section 6 (1) (a) of the Immigration Act. The ground for termination was she was not medically fit to carry out her duties. She stated that she was never taken for medical examination to ascertain her medical status but the Director used his discretion and for some clandestine purpose discharged her. She urged the Ombudsman to intervene and recommend for her reinstatement.

Investigation

According to the records there is no single evidence stating why complainant was discharged Complainant was not given the opportunity to make representation as required by section 6 (1) (a) Immigration Act. In addition there is no iota of evidence to show that complainant was an inefficient officer.

Findings

The office observation was that the Director has wrongfully invoked the provision of Section 6 (1) (a) Immigration Act by failing to satisfy the administrative requirements.

Recommendations

In the above circumstances the ombudsman declared complainant’s discharge as null and void and made the following recommendations:

1. That complainant is reinstated with immediate effect.

2. That her arrears of salaries be paid from the date of discharge to date of reinstatement.

3. That disciplinary action is carried out in accordance with the stipulated rules and regulation of the Immigration Act 1996.





DARBOE & CO MURDER TRIAL

Another Adjournment

By Emil Touray

The murder trial involving Lawyer Ousainou Darboe, Shyngle Nyassi, Rilwan Secka, Lamin Marong and the state resumed at the Banjul High Court on Monday with the court turning down the prosecutor’s application for the case to be adjourned pending the arrival of the final witness, Aziz Bojang.

When the case was called, Shanaka Wijesinghkhe, the prosecutor, stood up to say that he wants his final witness (Aziz Bojang, the investigating police officer) to testify, but that the latter traveled to Ghana on an official mission and will not be available in court for that particular day.

At this juncture, the court asked the prosecutor whether Aziz Bojang knew the case is slated for Monday. The prosecution responded in the positive. At this point, the court asked the prosecutor whether the prosecution will close its case since its final witness is not in town. In his response, the prosecutor said that he wants the matter adjourned till three weeks time.

In his intervention, the head of the defence team, Antouman Gaye said that it is proper for the prosecution to close their case. Continuing his submission, Lawyer Gaye submitted that his clients have been standing trial for five years now and that murder is a serious matter.

“They should know their fate. The court should not accept the application made by the state, until a time that suits them (the state),” Gaye remarked.

The senior counsel urged the court to invoke section 40 of the Evidence Act in order to admit the evidence of the investigating police officer. He said that the prosecution is not without a remedy.

“Notwithstanding, in any criminal trial, the witness has to be in court to give evidence,” he remarked.

In his turn, Shanaka Wijesinghkhe said he wants the court to give him one week adjournment in order for him to call another police officer as witness. He said that it was last week Thursday that he knew that Aziz Bojang was not in town.

At this point, Antouman Gaye stood up and again objected to the application made by the prosecution. He said that the prosecution had ample time to make arrangements for an alternative witness, whilst noting that the prosecution knew that the matter was adjourned till Monday and Wednesday.

The judge finally adjourned the matter for Wednesday (yesterday). See Monday’s edition of FOROYAA for the latest developments on the matter.




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