Foroyaa Newspaper Burning Issues

Issue No. 34/2005, 3-4 May 2005



Editorial

THE POOR AND THE RESTLESS

SEREKUNDA MARKET IN FLAMES

In between 11 and 12 midnight the people near the Serrekunda Market experienced electricity fluctuation that motivated some to put off their meters to prevent damages of electric appliances. They did not know that a major fire disaster was in the making until the flames started to rise above the building causing panic and pandemonium. The sirens of the fire fighting vehicles dominated the surrounding area as they moved to get water to put off the fire.

The lesson became very clear that to fail to plan actually amounts to planning for disaster. The first tragedy is that the fire fighters could not gain access to the heart of the market because of the congested environment at the market. There were structures everywhere and no thoroughfare to enable the vehicles to drive to the centre of the market.

On the other hand, there were no fire hydrants close by to enable the fire fighters to get water with speed.

The structures at the market are built according to any plan. This must be avoided in the next attempt to reconstruct the market.

Secondly, all National Assembly members should support the enactment of a law that would require that fire hydrants are constructed near all markets, schools, hospitals, place of worship and other public places.

The building authorities should ensure that there are fire exits and access routes to fire fighting vehicles in all public places. Fire safety measures should be included in the plans of every public building such as the maintenance of fire fighting drills on how to collaborate with the fire fighters to put off fires.

Foroyaa calls on the KMC to have a phone in programme and listen to all the views of the public so as to develop a strategy to prevent such a terrible disaster from occurring.



Lawyer & FJC Lament

Halifa Sallah Clarifies

Foroyaa: What are your observations regarding the comments made by Fatoumata Jahumpa-Ceesay and an anonymous lawyer in the Daily Observer on the status of opposition seats in the assembly?

Halifa: Of course, Fatoumatta is becoming an expert in making remarks without any substantiation. The unfortunate thing is that a lawyer has decided to join her ranks in secret.

Foroyaa: What do you mean?

Halifa: It is a wisdom of the age that “no investigation, no right to teach”. The lawyer exposed that he does not have an elementary knowledge of the provisions of the constitution when he asserted that “Now that NADD is registered as a political party if the speaker and the IEC have respect for the constitution, they should declare the seat vacant and set dates for by-elections in the constituencies of the elected NAMs.”

I would want Omar Bah to go back to the lawyer and ask him to quote the section of the constitution which empowers the speaker and the I.E.C to declare a seat of a National Assembly vacant and set dates for a by-election. There are no such provisions in the constitution.

Suffice it to say, it constitutes an affront to the dignity of the National Assembly to give the impression that the speaker does not respect the constitution by not declaring our seats vacant when he has no such authority. In the same vein the lawyer is undermining the integrity of the IEC by giving the impression that they have authority to declare seats vacant and organise a by-election when they have no such authority under any law. I challenge the lawyer to write to Foroyaa or the Daily Observer to quote the section of the laws which empowers the speaker and/or the IEC to declare our seats vacant. If he/she does not do so up to the end of the week, see him as a very incompetent and deceptive lawyer who is not interested in enlightening the Gambian people and promote a constructive multi party politics in the country. Infact, instead of making allegations against us, it is the lawyer who can be held to be in contempt of the National Assembly under section 110 of the constitution
 for giving the impression that the speaker would be guilty of disrespecting the constitution if he does not declare our seats vacant when he has no constitutional authority to do so.

It is hard to belief that any professional can degenerate into such a low level of professional misconduct. No wonder he preferred to remain anonymous. This is the first point.

Secondly, the lawyer displayed gross ignorance of the electoral laws when he tried to draw parallels from the Nianija case where Dawda Bah was expelled and the Njau case where the councillor defected to the APRC. In short, the lawyer is implying that the councillor of Njau ward has lost his seat because of defection. This is erroneous. If he studies his constitution and the local government Act properly he would know that one does not lose a seat as a member of a local council by virtue of being expelled from a party or after defecting from a party. It is only applicable at the level of the National Assembly because of the provision of section 91 (d) which states that the seats of a National Assembly member becomes vacant: “If he or she ceases to be a member of the political party of which he or she was a member at the time of his or her elections” In this case one can cease to be a member of the party either by being expelled or by defection to another party. This same provision
 does not exist under sections 193 and 194 of the constitution which deals with local government or the Local Government Act. Hence the lawyer has made reference to the Njau case out of context. NADD has infact written to the IEC to share our interpretation of the Local Government Act. An enlightened lawyer would have done so before we did, instead of relying on erroneous interpretation of the law to draw erroneous conclusions.

Foroyaa: So what you are saying is that a councillor does not vacate his/her seat after being expelled from or defecting to a party?

Halifa: Section 19 of the Local government Act states the conditions on the basis of which a person ceases to be a member of a council. I challenge the lawyer to quote any section of the constitution or the local government Act, or any other law which states that a person ceases to be a member of a council for defecting to another party or after being expelled by a party. If he fails to write to the Daily Observer or Foroyaa to quote the section then he should be seen to have made erroneous claims.

Foroyaa: So you are maintaining that the IEC or the speaker will not declare your seats vacant.

Halifa: Neither the IEC nor the speaker has such constitutional or legal powers.  Moreover, I am still the Secretary General of PDOIS. Sidia is still Chairperson, Hamat is still the party leader of NRP. Who can expel us from our parties? Secondly, NADD is an alliance of parties. Without NDAM, NRP, PDOIS, PPP, UDP there can be no NADD. How then can we defect to NADD?

Foroyaa: Is that why Fatoumatta said, that you should have been registered as an alliance instead of a party?

Halifa: I challenge Fatoumatta to tell us which section of the law provides for the registration of an Alliance instead of an umbrella party.. There is no such provision. She should have gone to the IEC to find out the facts. IEC did their home work.  They saw that the only way to give legitimacy to the Alliance is to register an umbrella party of the Alliance.

Foroyaa: How?

Halifa: Section 127 of the elections decree states that “when any issue arises relating to electoral matters which is not addressed by this decree or any other law, the commission shall resolve such issue in keeping with the standards and rules of natural justice and fairness.”

In practice the APRC/NCP develop an alliance but are still registered as parties.  However, since the legal instrument was registered, the NCP has occasionally been embarrased by declarations that its alliance with the APRC is non existent. The IEC may have recognised that we want to transfer our alliance into a legal entity. It therefore relied on the law available to it to register an umbrella party for parties. If anyone objects to this they can go to the Supreme Court and raise their concerns regarding the interpretation of the laws. They should not try to castigate NADD or the IEC for pursuing legality in accordance with the best dictate of Natural justice and fairness.

Foroyaa: Fatoumatta indicated that you should not use grey because it was used by an independent candidate.

Halifa: Fatou does not read the law before making her comments. She lies on common sense and not the law. We do our home work before we act: section 106 subsection (2)(b) of the elections decree states thus: “if the commission determines that the name, emblem, colour, motto or symbol of a political party is identical to the name, emblem, colour, motto or symbol of any other political party or so closely resembles it that voters may be misled or confused thereby the commission shall so notify the political party which shall change such name, emblem, colour, motto or symbol within ten days of receipt of the notification.”

Fatou should know that the provision talks about political parties and not Independent candidates who are not registered on a permanent basis. She should do her investigation before raising such issues.

Foroyaa: Fatoumatta said that NADD’s aim is personal and not national and that NADD does not have the interest of the nation at heart. What is your comment?

Halifa: Fatou is definitely an expert in making allegations

Preparations are gaining momentum as two elephants prepare themselves for  a by-election in the constituency of Nianija, Central River Division on Thursday, 9th June 2005. Both the ruling Alliance for Re-orientation and Construction (APRC) and the recently established National Alliance for Democracy and Development (NADD) which unites five opposition parties, intend to sponsor candidates.

Both parties are yet to announce their candidates for the by-election. They have to do this within the next three weeks as nomination day is scheduled for Monday, 23rd May, 2005.

This by-election will be the first contest between the NADD and the APRC since the formation of NADD in January this year.

Both combatants will be battling for the minds of the electorate. Needless to say, one issue that will predominate the campaign is whether the masses should continue to propose while an individual disposes.

without any substantiation.

Readers would recall that the constitution provided for a fully functioning multiparty system by obliging for a second round of voting should any candidate fail to get more than 50% of the votes. If such a provision existed each party would have contested and then develop alliances in the second round. It is the APRC who amended the constitution with the full support of Fatou so that election can be won without having more than 51% of the votes cast. In that case, the ruling party can have 30% of the votes and still win an election if 70% of the votes cast are shared by six opposition parties in such a way that none has 30% of the votes.

The opposition therefore came together to avoid such a scenario. However, in coming together all have sacrificed their individual interest to agree to have a transitional rectification agenda under a President who will not seek a second mandate and would not promote the candidate of any party in the next following general elections so that all the parties will contest such an election without being disadvantaged in any way. Could any fair minded person accuse us of being motivated by personal interest? Clearly, what is best for Fatou is to exercise political decency and abandon the politics of demagogy and adopt the politics of constructive debate on issues of national importance.

Foroyaa: Last word?

Halifa: The fact that NADD’s registration could generate issues of legality confirms that some members of the regime are clearly worried about its existence. In short, can any person interested in the nation envisage a National Assembly without an opposition?  A force has indeed emerged that can create a check and balance system in the party politics of the Gambia.  In actual fact the Gambian people should know that the claims of the lawyer and Fatoumata are signs of panick.



FIRE GUTS S/KUNDA MARKET

HALIFA CALLS FOR FIRE HYDRANTS



By Bubacarr K. Sowe & Tombong Jadama

The Serrekunda Central Market, one of the largest in the country was last Saturday the scene of a disastrous fire incident. Official sources have so far not issued any statement on how the fire started. Residents of that area have confirmed to this paper that it was around twelve midnight that they saw a blaze in the central part of the market. Some believe that the fire was caused by electrical defect.

Speaking to FOROYAA at the scene the NAM for Serrekunda Central, Halifa Sallah described the incident as a massive destruction. “This is the informal sector. It is what is providing the goods that the public need. If this is destroyed it means a fundamental base of the economy is going to be eroded for some time,” he remarked.

He added that many people are unemployed and they rely on heavily on this informal sector for their survival and the functioning of the economy. This incident, according to him, is going to increase poverty undoubtedly.

Stressing on the preventive measures needed to be put in place, he stressed the need to have fire hydrants in all vulnerable places. “What is more important is to how to prevent it, and it means that if one is to rebuild this place, you must open access for transport that can go in to put down fires. At this time all public places should have fire hydrants and that should be a legal requirement. I am sure we will take it up at the National Assembly so that when this place is being reconstructed and rehabilitated, they should take into consideration modern fire fighting equipment,” he asserted.

The Secretary of State for Trade, Industry and Employment, Neneh Macdoul Gaye also described the incident as and unfortunate incident both for the canteen owners and the general public. She called on the public to maintain standards in public places in order to prevent future disasters. “A lot of canteens are built around the wide road. They illegally started up structures and later on cementing the bottom, obstructing the road. This is why standards are so important to maintain,” she noted.

“I want to appeal to producers not to use this unfortunate incident to make living harder for people by tomorrow increasing the prices by 100 % or 200 %. Just maintain your prices. Investigation is going on and this is not an excuse for them to make life harder for people,” she added.

She also appealed to the public to stop bribing the task forces that are working in such areas so that wrong things and issues are kept quiet.

Victims of the disaster could not bear the grievance and were seen wailing and weeping over the debris.



CHIEF JUSTICE ON JUDICIAL REFORMS



By Bubacarr K. Sowe

The Chief Justice, S. A. Brobbey, has announced that since he took over the judicial administration of The Gambia, the first measures taken were to ensure that the judiciary was put on a proper course for reform that are needed to ensure efficiency of the system. The Chief Justice made this statement at the UNDP’s monthly forum last Thursday at the Kairaba Beach Hotel with the theme “Law and Development: Experiences in the Sub-region”.

“Speaking with thirty four years of experience on the bench, I can confidently say that listing more than twenty cases for hearing before one judge in one day is an impossibility and a waste of time,” he said.

He added that they had introduced a system by which no court would be allowed to have more than three to five cases listed on every given day. “This is because we like to be realistic. Under normal circumstances, the average judge cannot hear more than three cases per day. Most do hear or try more than that number. But the maximum should be three. If the case is not ready for hearing, it should ordinarily not be called. Calling a case for what is described as ‘for mention’ is just counterproductive. It wastes the time of every person concerned with the justice delivery system and should not be encouraged, except in very rare circumstances. That is precisely what we have put in place in our High Courts. We hope to extend it to other courts in the country. That way, the law will be operated in such a way as to avoid stunting economic activity by reducing the undue amount of time spent in the court rooms,” he stressed.

The Chief Justice indicated that to ensure effective justice delivery system, they have been examining the administrative set-up that propels litigation. “We started by tackling the accounts system. Everyone knows that the courts cannot be functional without proper accounting systems. We met a system which operated in such a way that the earliest time the accountant of the courts could report for duty was eleven o’clock or twelve noon. He had no assistant. Many court documents involving the payment of fees could not be processed without him. That meant that whenever he was absent many registry processes were at a standstill. When he was given a registrar as his assistant he made sure he gave her no access to his office after two weeks of being assigned to him,” he revealed.

He added that his experience from other jurisdiction is that whenever a judicial officer operates in that opaque manner and prevents anyone from knowing what he does and how he does it, he is surely up to shady deals. “A cursory check of his account books under my instructions revealed that he was paying ghost workers to the tune of about one million four hundred thousand dalasis.

“The cheques disclosed that he was paying 34 ghost names. When he was arrested and questioned, he himself added nineteen more ghost names. Those were workers who had died, retired, been dismissed, resigned or left the country.”

He also dwelt on the introduction of annexed courts or Alternative Dispute Resolution (ADR) mechanism and training seminars for judicial workers.

On his part, the UN Resident Coordinator in The Gambia, Dr. John O. Kakonge, said that the monthly UNDP Development Forum’s aim to promote national discussion on issues emanating from the major UN Global Summits of the past decade which covered topics such as sustainable development, social development, gender, environment, human rights, human settlements, racism, and population and development.

“Over the past three years, we have discussed a number of relevant topics in the major UN summits from the 1990s to date,” Dr. Kakonge noted.

Other members at the forum included Amie Bensouda, a legal practitioner, Dr. Abubakar Senghore, a lecturer on Development Studies & International Law at the University of The Gambia and Mr. Ron Mponda, Chief of Mission, UNHCR.



EXPIRED FOOD TRIAL



By Sarjo M. Camara

The Proprietor of Harry’s, Sony’s and Shell Kairaba Supermarket, Mr. Shresh Kumaur Watwoni known as SK is facing a trial at the Kanifing Magistrates Court after being accused of selling expired food items at his supermarkets and his store at his residence. Mr. Watwoni was charged with two counts of economic crimes, contrary to Section 5, Paragraph (f) of the economic Crimes (Specified Persons) Decree No. 16 of 1994. He pleaded not guilty to the charges. The trial began on the 26th of April 2005 at the Kanifing Magistrate before Magistrate Mboto.

The state was represented by Cherno Marenah.  The accused was represented by Mr. Sheriff Tambedou.

According to PW 1, Mr. Sheriff Badjie, a public health officer, the assistant head of Food and Safety Unit, DOSH on the 15th February 2005 some National Intelligence Agents together with himself conducted a joint inspection in supermarkets of the accused person; that they first went to Harry’s Supermarket where they found some expired food items; that they proceeded to Shell Kairaba but found no unfit food stuff or expired items; that they then proceeded to the Sony’s Supermarket where they found expired food items.

Mr. Badjie was asked by the state counsel, Marenah what they did after the inspection. Mr. Badjie replied that due to the deteriorating nature of some of the discovered food items, they decided to dispose off them there and then. Mr. Badjie said that a certificate of destruction was prepared to that effect and endorsed by the NIA and the accused person. The certificate was produced by the state counsel who tendered it. However, the defence counsel objected to the tendering of the document, saying that the said document is a photocopy and was not from proper custody. In response the state counsel, Marenah said the document is admissible under section 101 subsection (1) of the Evidence Act because it is the producer of the document that has custody of it. The case was adjourned till Wednesday.  The Magistrate will rule on the admissibility of the document.



THE UNFAIRNESS OF GRTS ENOUGH IS ENOUGH!

By Ousman Sillah

The Gambia Radio and Television Services (GRTS) has again demonstrated utter biasness and an overtly contemptuous and partisan stance in its presentation of news on political developments in The Gambia. In one of its late evening television news broadcasts early last week, the news reader, fail to read a press release issued by the Independent Electoral Commission (IEC) on the registration of the National Alliance for Democracy and Development (NADD). Interestingly, this same news item was previously read over Radio Gambia in its 6 o’clock (evening) news bulletin. In fact this was the second time that the GRTS, more notoriously the Television, had  a news blackout on matters concerning the NADD, the first being the newsworthy signing ceremony by the conglomerate of political parties outside of government who formally acceded to come together to form a political alliance.

Undoubtedly, the very act of suppressing information in this particular instance by the GRTS, a public institution, is indeed an aberration and has far-reaching political, professional and legal implications.

First and foremost, GRTS is a national institution constituted by an Act of the National Assembly and whose operations and members of staff are maintained primarily by resources derived from the taxpayers or public purse. Constitutionally, it is mandated to gather and disseminate information, political or otherwise, that is of profound public / national interest. Hence the public has every right to express and receive information on any development, political or whatever, that may have direct bearing on their lives, as in this case. In essence, this repeated act of suppressing information by the GRTS regarding the NADD amounts to the denial of the latter’s right to be heard and known and equally the public’s right to know. This is simply a violation of the constitution of the Republic of The Gambia which guarantees fundamental rights and freedoms.

Under political rights section 26 (c) states: “Every citizen of The Gambia of full age and capacity shall have the right, without unreasonable restrictions, to have access, on general terms of equality, to public service in The Gambia.”

Under the responsibility of state owned media, which GRTS is, section 208 of the constitution states: “All state owned newspapers, journalists, radio and television shall afford fair opportunities and facilities for the presentation of divergent views and dissenting opinions.”

 I therefore conclude that this is sheer discrimination which contravenes section 33 which states:

“(1) All persons shall be equal before the law………

(3)…. no person shall be treated in a discriminatory manner by any person acting by virtue of any law and in the performance of the functions of any public office or any public authority.

(4) In this section, the _expression “discrimination” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.”

The fact that the GRTS, both TV and Radio, around the same time was announcing the press release from the APRC party about a defection of someone to their party also required the state owned media to give the same treatment to the IEC press release on the registration of the NADD.

This is also in contempt and a gross violation of the intergrity of the IEC which issued the press release.

On the professional and moral levels, the bias stance being promoted by  GRTS in allowing a virtual transformation of the state owned media into an organ or mouthpiece of  one political party is a gross misconduct and highly unethical. Allowing the state owned media to only present programmes and activities of the president and the APRC party in government at the expense of other alternative political forces is a disservice to the nation. Yes, the argument that the APRC government was the first to establish a Television is uncontestable. However, this does not mean being the owners and the right to virtual monopoly.

Inclusion, I am urging the newly established NADD to struggle for their right to be heard through the publicly owned and maintained media. There shouldn’t be any room for complacency. Otherwise the present trend of news blackout imposed on them by GRTS management, if unchallenged, would continue unabated. It therefore needs to be nipped in the bud. Take the GRTS management to court to seek for a declaration to restrain from this unlawful, unprofessional and unethical behaviour.



LANG CONTEH PLEADS GUILTY



By Surakata Danso

Lang Conteh, former Foreign Exchange Manager of the Central Bank of The Gambia, has pleaded guilty to the six counts of economic crimes and a single count of criminal charge against him for defrauding the state of D224 million. Lang Conteh’s plea of guilty was contained in a motion for plea bargain. In his submission to the court on Wednesday 27th April 2005, the leading defence counsel, Mr. Bittaye submitted that the charges against the accused are based on facts from the Commission of Enquiry into the assets and properties of public officers. Counsel Bittaye therefore went on to apply for the facts of the commission be made part of the case before the court. The leading defence counsel also added that it is better for the court to notice that the judge who first handled the case before the court was the same judge who was the chairman of the same commission.  He explained that that was why the judge, after submitting his report, recused himself out of the case. Mr. Bittaye finally
 submitted to the court that they would fully comply with the recommendations contained in the report of the commission.



Reply Of The DPP

In his reply the Director of Public Prosecution, Mr. Agim, informed the court that his office has been served with the motion of plea for bargain with its intentions. The DPP further submitted to the court that his office is in no position of disputing since it is a means of speeding trial of criminal cases. Chief Agim in moving further with his submission to the court indicated that the assertion of the plea for bargain is that the accused, instead of wasting the time of the court, has cut matters short by pleading guilty. He then thanked the defence team for the bold decision and asserted that the issue is now the term of the said motion of plea for bargain.  He went on to say that they have already agreed to submit the title deed of the accused’s Kotu residence and other assets.

The DPP finally submitted that for the purpose of clarity the asset in question already submitted is the living home of the accused. This, the DPP said, is a beautiful house and what is now needed in the agreement is if the terms for the day of vacating the house are in line with the decision of the commission he has no objection. The case was presided over by Justice Tahir with the state represented by the DPP. The defence was represented by counsels Musa Bittaye and Chimme. The matter is adjourned till the 4th May 2005. The accused continues to be remanded in custody.



Nianija By-Election



Preparations are gaining momentum as two elephants prepare themselves for a by-election in the constituency of Nianija, Central River Division on Thursday, 9th June 2005. Both the ruling Alliance for Re-orientation and Construction (APRC) and the recently established National Alliance for Democracy and Development (NADD) which unites five opposition parties, intend to sponsor candidates.

Both parties are yet to announce their candidates for the by-election. They have to do this within the next three weeks as nomination day is scheduled for Monday, 23rd May, 2005.

This by-election will be the first contest between the NADD and the APRC since the formation of NADD in January this year.

Both combatants will be battling for the minds of the electorate. Needless to say, one issue that will predominate the campaign is whether the masses should continue to propose while an individual disposes.



MAY DAY MESSAGE

ADDRESS BY THE SECRETARY GENERAL, MR. PA MOMODOU K.B. FAAL ON BEHALF OF G.W.C CONFEDRAL EXECUTIVE BOARD

G.W.C salutes all Gambian Workers’ and their Employers as well as Government of The Gambia.



MAY DAY THEME: CONSOLIDATING DEMOCRACY IN THE GAMBIA



THE ROLE OF TRADE UNIONS IN THE GAMBIA OF THE 21sT CENTURY EXPECTS THIS GOVERNMENT TO BE TRANSPARENT, ACCOUNTABLE, LAW ABIDING AND ACCOMMODATING. ALSO WE EXPECT GOVERNMENT TO USE THE TRIPARTITE SYSTEM TO SLOVE THE PROBLEMS PLAGUING WORKERS IN THE COUNTRY.



Fellow Gambian Workers, this year’s May Day marks the 116th annual celebration for the event which was first Internationally marked in 1890 as a Rest Day, and stock taking and to remember the gallant Workers who lay their lives for the betterment of the Working Class Movement the World over.

This year will also see The Gambia Workers’ Confederation celebrating its (20) twenty years of existence from 1985 to 2005 with Scientific Trade Unionism of the 21st century as well as organising its 5th Statutory Congress before September 2005 respectively.

“May Day” was proclaimed (WORKERS DAY) of International Unity and Solidarity for the Workers of all Countries in the world.

Globally, May First, has been observed annually as Workers International Solidarity day in Commemoration of The Workers Struggle for their Rights aimed at improving their living and working standards. The celebration dates back to May 4th 1886 when violence erupted at the Haymarket Square in CHICAGO, United States of America (USA) which resulted in the killing of eight (8) policemen.

The ‘USA’ Workers who embarked on a General Strike to back their demand for legally guaranteed eight (8) working hours per-day and other measures to improve on their status were consequently attacked by armed Police who killed (4) four of the STRIKERS.

Consequently, the four (4) Ring Leaders:

AUGUST SPIES; GEORGE ENGEL; ADOLF FISKHER and ALBERT RICHARD PARSON were arrested convicted and hanged while others like MESSRS: OSCAR W. REEBE and MICHEAL SCHWAB were sentenced for Life. These Hay-Market martyrs were later honoured with a monument built on June 25th 1893, at their grave sites in Chicago, for their gallantry.

Then on the following day June 26th, the Government of Illinois over ruled the Court’s decision for the surviving striking leaders in jail to be set free. These Workers’ revolt later spread like wild fire to an many European Countries which culminated in the holding of the first International Congress of Socialists Parties in July 1889, in Paris France.

At the Congress, a Resolution was adopted for annual observance of every First of May as “May - Day” by Workers World wide.

This year’s event which falls on Sunday, May 1st, 2005 will be observed under the Theme Consolidating Democracy in The Gambia, The Role of Trade Unions of the 21 st Century and to be aware of (Nuisance Value).

We expect the Government of The Gambia to be TRANSPARENT, ACCOUNTABLE and Accommodating.

We expect them to use the Tripartite Mechanism to solve the problems plaguing Workers in This Country.



DEMOCRATIC PARTICIPATION IN DECISION - MAKING PROCESSES

Ability to participate and participation in decisions that affect one’s Life and the Lives of one’s family is an essential indicator of Human Development. This view is embodied in our pledge which states among others that we shall:

“RESOLUTELY DEFEND AND UPHOLD THE DEMOCRATIC FOUNDATION ON WHICH THE FUTURE OF OUR NATION MUST BE BUILT AND SEEK THE FULFILLMENT OF OUR OBJECTIVES, THROUGH DEMOCRATIC PROCESSES AND WITHIN THE FRAME WORK OF CONSTITUTIONAL GOVERNEMNT AND CONCERN FOR THE WELFARE OF THE COUNTRY”

In furtherance of the above resolution, we re-affirm our commitment to ensuring that our Country is governed democratically.

In other words, we envision a Society whose affairs are run democratically with full participation by all its citizens in their homes, in their Communities at their workplaces and at National level.

The Democracy we envisage for The Gambia Society, of which, we are part as individuals and a group will be demonstrated by:



The existence of and respect for the National Constitution,

Respect for Rule of Law and the Bill of Rights,

Consolidation of Multiparty System of Government,

Universal Adult Suffrage and the Respect for the Views of MINORITY’,

Respect for the views and the Rights of Women and Men



Separation of Powers (with special reference to Independence of the Judiciary and Parliament);

Freedom of the Media

Free, Fair and Regular Elections and

Freedom of _Expression.



Bearing in mind the above, essential elements of democratic participation;

We of the G.W.C Commit ourselves to and pledge our support for the following Factors and Measures that promote Democratic Participation at the National Level, in the communities and at the workplaces. They are



Independence of the Electoral Commission

Free, Fair and Regular Elections.

Accountability and Transparency in our National Life especially, in Management of Public Funds in particular and fair allocation of National Resources in general.

Respect for Law and Order          .

The existence of efficient Law Enforcement Agencies;

The expeditious, dispensation of Justice;

Tolerance of divergent views



Existence of well organised Civil Society Pressure Groups capable of resisting or opposing Policies that are imminical to The Gambian Society; and Encouraging all Citizens to exercise their



VOTING RIGHTS..

 By the same token, we shall discourage all factors, policies and actions that militate against democratic participation in The Gambia. We shall particularly discourage, resist or appose the following:



Violation of Trade Union and Human Rights

Media Censorship

Any form of interference in the Judicial and Parliamentary processes;

In appropriate economic Policies (not determined through mass and participation);

Wide spread apathy in National Political Processes;

Divisions and conflicts (tribalism, sectionalism and sexism)

Active involvement of Traditional Rulers in Political Parties

Coup d’etats and disrespect for constitutionalism



ON HIGH STANDARD OF LIVING IN THE GAMBIA:



HENCE NO LAW OF THE MARKET COMPELS A MARKET ECONOMY TO SUFFER FROM RECESSIONS OR PERIODIC INFLATION.

Two Decades of Structural adjustment in The Gambia did not yield any significant dividends.

Our gross National Product (GNP) per head is still below US $ 400; one out of every three Gambian is absolutely poor, inflation is still high, our currency account deficits are widening and standard of living for majority of The Gambian population is very low, even by African standards.



As indicated earlier, the reasons for the poor results of the adjustment programme, in terms of Human Development, can be attributed to its over - emphasis on increased output. We do not dispute the need for economic growth as one of the key conditions for high standard of living. We accept the fact that capital formation and wealth creation are the bed rock of economic, social, political and cultural development. What has been tested and proved to be untrue is the “trickle down” theory with its naive assumption that benefits of economic growth will, automatically, trickled down from those who are active participants in the economic process to the poor - the under - privileged, the aged, the vulnerable and people with disabilities. As pointed out earlier, we are not only interested in increased output (measured in GDP per capital) per se but we are equally concerned about the process of achieving the increased output and the proportion of the population who have the opportunity to
 better their own lives and the lives of other people, in the process of contributing to the increased output. For instance, increased output, obtained from “Sweat Shops” and under inhuman working conditions, is not acceptable to us. By the same token, we do not accept increased output if the activities that yield the output pollute our air and source of water or depletes our forest and natural vegetation or threaten the very lives we seek to protect through economic activities.



We are of the view that an economic growth process can only be sustainable only if it provides opportunities for the expansion of peoples capabilities to contribute meaningfully to the process and at the same time ensures clean environment.

It is by this environmentally friendly and participatory growth process that we can ensure a fair distribution of the accrued benefits without having to adopt coercive measures to redistribute the benefits since every body in the country would have contributed his or her quota to the increased out put be, they Women, Men, Disabled or Aged.



We shall, therefore, promote, support and, in appropriate circumstance, initiate efforts and policies that are geared towards sustainable creation of wealth, provided that such polices:



Offer equal opportunities for every citizen (Men and Women) to participate in the wealth creation process (through the generations of productive and decent jobs) in a human working environment where workers and Trade Unions Rights are respected

Lead to adequate incomes that are equitably distributed through equitable and efficient Tax System:

Ensure a clean and safe natural habitat for the entire population:

Reduce the debt burden:

Promote Economic Independence; and

Promote Efficient use and allocation of Human Natural Resources.



In particular, we shall support all Macro - Economic policies that aim at controlling inflation; Stabilizing the Value of our National Currency; maintaining interest rates at levels that encourage investment, particularly in the Agricultural Sector which provides Employment and income for over 70% of the population and provide food Security for the entire Nation and ultimately guarantees economic growth, property and satisfying lives for majority of Gambians.



FELLOW BROTHERS AND SISTER

WE RECOMMENDED STRATEGIES FOR ACHIEVING ECONOMIC GROWTH AND HIGH STANDARD OF LIVING.

As a means of achieving high and high standard of living for The Gambian people we recommend the following:



Involving all Stakeholders in the economic decision - marking processes both at the National and enterprise level.

Increasing government expenditure on social and economic infrastructure agreed as priorities by all Stakeholders in the economy to facilitate PRIVATE INVESTMENT.

Regional economic Integration (Monetary Union, Free Trade Area and Pan Africanism in all spheres of our economic, social and political lives as African people);

Encouraging and supporting Freedom of Association (including Trade Unions and Employers Organisations) and promoting Social Dialogue (tripartism) through Legislation and Institutionalization especially for Civil Servants Employees;

Increased Budget allocation for Agricultural Sector (the backbone of the economy) in the form of subsides, Loans and Grants to individual Farmers and Co-operatives and investment in facilities that will ensure National Food Security and Decent income for Farmers who are in Majority;

Development of efficient and effective Financial Intermediation (Banking, Insurance, Stock Markers etc)

Increased Productivity through the creation of Humane working conditions particularly with regard to payment systems. Income levels, Fair income distribution, occupational Health and Safety and compensation for injury;



. Encouraging Employees Shares Ownership Plans (ESOPS)

. Reduce Mass - Retrenchment and summary dismissals of government workers;

. Develop skills for both the workforce and potential workforce (the youth)

. Create special opportunities for groups (Women Youth, Physically and Mentally

Handicapped etc) or individuals if necessary to enable them contribute meaningfully to the economic Development Process;

. Avoid privatization of State- owned enterprises based on Ideological

considerations at the detriment of the public servants and workers in general;

. Promote Worker - Management Buy - Outs as a means of stable and Sustainable

Investment in the Country with financial and technical support to local entrepreneurs;

. Avoid divesting utilities based on profit and other financial considerations but encourage provision of utilities by Private Companies to Supplement the existing Public Ones with subsidised consideration.



“AS IT IS NO LONGER OUR RESOURCES THAT LIMIT OUR DECISIONS, IT IS OUR DECISIONS THAT LIMIT OUR RESOURCES”



WE WISH YOU A HAPPY MAY - DAY!

LONG LIVE THE GAMBIAN WORKERS AND THEIR TRADE UNIONS

LONG LIVE THE GAMBIAN GOVERNMENT!

LONG LIVE THE TRADE UNION INTERNATIONAL AND

LONG LIVE WORKERS AND THEIR EMPLOYERS AND

LET PEACE PREVAIL IN THIS COUNTRY AND THE WORLD OF WORK.




Send instant messages to your online friends http://uk.messenger.yahoo.com

¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
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]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤