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Subject:
From:
Malanding Jaiteh <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Thu, 26 Mar 2009 16:07:51 -0400
Content-Type:
text/plain
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Ginny,
I can not pretend to be an expert on how people earn citizenship or 
nationality in The Gambia but would like to note the following: Until 
recently (1990s)  regulations on birth registration, citizenship or 
nationality were not seriously enforced. This meant that many from 
neighboring countries particularly Mali, Guinea Conakry, Guinea Bissau 
and Senegal, given their ethnic and cultural ties come and go as they 
pleased. Some of these folks settled and had families.  While some chose 
to melt into the Gambian culture, others decided to stay their way and 
even sent their kids "back home" to their native countries to learn the 
culture. The opposite is true for Gambians who travel to other 
neighboring countries.
I do not know where Pap Saine falls in this but he has been a public 
figure in The Gambia since early 1970s as a DJ at Radio Syd. Since his 
days at Radio Syd DJ to co-founder and manager of The Point newspaper, 
Pap lived Gambian. The question is what does it take to be a Gambian?

As for the way forward, the Gambian society must be able to regularize 
or resolve some of these longstanding issues without   resorting to the 
courts. This could be any number of ways including amnesty to all those 
who can prove that they have been continuously living in The Gambia 
before the enforcement of birth registration or naturalization rules.

Malanding


Ginny Quick wrote:
> Hello, Malanding, you make a good point here.  It's a lot easier to
> question the nationality of people, if they don'thave what are deemed
> to be "official" birth certificates.  Although my thinking is that in
> today's Gambia, there is no standard.  The standard/law is whatever
> Jammeh wants it to be, on whatever given day, and the goal posts are
> always changing.
>
> What qualified as citizenship today, could change tomorrow, acccording
> to his whims and caprices.
>
> Just a thought...
>
> However, would you happen to have any suggestions for how something
> like this can be dealt with?  Because unfortunately, I have none, and
> I really don't like highlighting a problme without also trying to put
> forward a solution for it.
>
> Ginny
>
>
>
> On 3/26/09, Malanding Jaiteh <[log in to unmask]> wrote:
>   
>> I wonder how many Gambians over 40yrs of age can produce a hospital
>> issued birth certificate? How many of the current leadership can produce
>> a birth certificate issued within 1 month of their birth? It will be
>> tragic should those in power drag The Gambia into xenophobia and
>> intolerance. Perhaps we should take time and learn from Cote d'Ivoire.
>>
>> Malanding Jaiteh
>>
>>
>>     Pap Saine’s Nationality Trial Opens
>>
>> <http://thepoint.gm/africa/gambia/article/pap-saines-nationality-trial-opens#map>africa
>> <http://thepoint.gm/africa/news> » gambia
>> <http://thepoint.gm/africa/gambia/news>
>>
>> Thursday, March 26, 2009
>>
>> The trial of Mr Pap Saine, Co-publisher and Managing Editor of The Point
>> newspaper, opened yesterday at the Banjul Magistrates’ Court before
>> Magistrate Lamin George.
>>
>> Mr Pap Saine is standing trial on two counts of obtaining registration
>> by false pretence and obtaining Gambian passport by false declaration.
>> He has since denied the charges.
>>
>> On Count One, it is alleged that Pap Saine some time in the year 1994 in
>> the city of Banjul knowing to be a non-citizen of the Gambia unlawfully
>> procured and obtained a Gambian birth certificate No: CLP 289 by false
>> pretence and thereby committed an offence.
>>
>> On the second count, Pap Saine on or about the 21st May 2007 at the
>> Immigration Headquarters in the city of Banjul by false declaration
>> obtained a Gambian passport No PC 183902 for himself and thereby
>> committed an offence.
>>
>> Testifying, the first prosecution witness, Inspector Sainey Ndure, told
>> the court that he is a police officer attached to the Major Crime Unit,
>> Police Headquarters. He said he could identify the accused Pap Saine and
>> that he could recall the 9th February 2009. He added that on the day in
>> question he was at the major crime unit where he was assigned to
>> question and obtain statements from the accused, Pap Saine, in respect
>> of his nationality. He adduced that during the obtaining of the
>> statement he was with the accused, Pap Saine, and an independent witness
>> and the Accused’s solicitor.
>>
>> He said after taking his particulars, the cautionary wording was read to
>> the understanding of Pap Saine in English.
>>
>> Further adducing evidence, Inspector Ndure told the court that Mr Pap
>> Saine signed the cautionary statement and the independent witness also
>> signed, adding that the accused Pap Saine wrote his own statement.
>>
>> He said the independent witness also read the statement and signed it
>> thereafter. The said statement was later tendered in court as exhibit.
>> He said he too endorsed the statement subsequently, as the officer who
>> cautioned the accused. He revealed that Pap Saine was asked to produce
>> his citizenship documents. He revealed that prior to asking Pap Saine to
>> produce his citizenship documents he was asked of his nationality and he
>> said that he is a Gambian. He stated that Mr Pap Saine produced copies
>> of his passport, Identification Card, Voter’s card and birth
>> certificate. The documents were later tendered in court as exhibits
>> respectively.
>>
>> In cross examination, defence counsel Antouman Gaye asked the witness
>> whether there were other documents produced by the accused. The witness
>> replied that these were the only documents the accused produced. Further
>> asked whether the accused did not produce a copy of his father’s
>> passport and title deed of number
>>
>> 42 Gloucester Street
>>
>> , the witness replied in the negative. Defence Counsel Gaye also asked
>> the witness whether the accused’s father’s passport and title deed are
>> not in the possession of Mr Malamin Ceesay, OC major crime and Mr Correa
>> an immigration officer. The witness replied, “ I was never informed”. At
>> this juncture Lawyer Gaye put it to the witness that the said documents
>> are in the possession of Malamin Ceesay and Mr Correa. PW 1 maintained
>> that he did not know. At yesterday’s sittings The Point boss was
>> represented by Lawyers Antouman Gaye, Hawa Sisay Sabally, Momodou Musa
>> Drammeh and Haddy Gaye, whilst the prosecution was represented by Cadet
>> Inspector Amadou Keita.
>>
>> The case was adjourned to April 8th, 2009.
>>
>> Author: *Modou Sanyang*
>> Source: *Picture: Pap Saine (Point's Boss)*
>>
>> ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
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>>     
>
> ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
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