Dear Mr. Sallah, I am happy that you are taking a hard position on this. Keep the pressure on. Mori Kebba Jammeh ----- Original Message ----- From: foroyaa <[log in to unmask]> To: <[log in to unmask]> Sent: Monday, July 24, 2000 6:16 AM Subject: ON THE ISSUING OF PERMITS TO POLITICAL PARTIES > 24 July 2000 > > > Secretary of State for the Interior, > Department of State for the Interior, > OAU Boulevard, > BANJUL. > > > ON THE ISSUING OF PERMITS TO POLITICAL PARTIES > > > It was our impression that the catastrophic developments which took place in > Basse and the threats of revenge which followed would be a teacher to all > political forces in the country of what could happen if the spinal cord of > sanity is broken leading to the paralysis of political tolerance. > > > One would have thought that the legal processes which have been put in place > would serve to put at bay any attempt for individuals to take the law into > their own hands. One would have also thought that the efforts taken by the > Independent Electoral Commission to bring political parties and the security > chiefs together would generate fresh thinking and approaches in handling the > delicate political situation in The Gambia. > > > The minutes of the meeting of the Independent Electoral Commission and the > four active political parties are quite instructive. > > > We consider it prudent to draw your attention to the following paragraph > which highlights the purpose of the meeting: > > "The purpose of the meeting, was to share information on the activities of > the Independent Electoral Commission (IEC) and to focus attention on the > current political tension in the country with the hope that together, the > forum would identify the causes of the undesirable political tension and to > suggest ways and means by which the causes of the tension would be reduced > in order to build a sustained healthy political atmosphere for the > harmonious well being of the Gambian people. The Chairman implored the > participants to feel free as they take part in the discussions. He gave them > assurance that they were on neutral grounds and that they should open up and > frankly speak their minds in whatever they feel about the electoral process > and its attendant political issues." > > Suffice it to say, the participants did open up to speak their minds with > unrestrained frankness. In fact the UDP and APRC delegates were given > greater latitude to express their opinions. > Since the meeting was taking place after the Basse incident, following which > rumours of preparation for revenge was the order of the day, the PDOIS > delegates found the exchanges between the UDP and APRC delegates to be > reassuring that the consultative body which had been summoned could serve as > a permanent mechanism for the resolution of differences between parties and > the amelioration of the deficiencies in the administration of the electoral > process. > > > One of the complaints which was given sharp focus by the UDP is the > non-approval of their applications for permits. It is clear from the minutes > of the meeting of 4 July 2000 that the PDOIS delegate did emphasise the need > for security forces to familiarise themselves with the Constitution to > appreciate the sovereignty of citizens; that they reiterated the importance > of the spirit of dialogue between individuals as well as political > organisations with the aim at building a political culture where one would > work to a polling station and cast a vote without fear; that political > parties should strive for ways and means of uniting the Gambian people and > not divide them; that this could only be done if the forum is strengthened, > its decisions transmitted to the party membership and level playing field > established. > > > Apparently, you, as Secretary of State, are covered by the minutes to have > offered your office "at all times for the resolution of problems and assured > the meeting that the security forces will comply". > > > It is in this spirit that this letter is being addressed to you. > > > You would agree with us that equality constitutes the proportional > allocation of advantages or opportunities. Where advantages or opportunities > are accorded disproportionately, there can be no fair play or justice. This > is precisely the reason why section 33 of the Constitution bars any law from > being discriminatory either of itself or in its effect. This is why it > obliges those acting in accordance with law in the performance of their > functions in any public office or as public authorities not to treat anyone > in a discriminatory manner by affording different treatment to different > persons attributable mainly to their political or other opinions and subject > them to restrictions or disabilities purely because of such opinions. > > > It is, therefore, important for your office to examine the problems of > issuing of permits associated with using instruments for the amplification > of sound during political rallies. > > > The Public Order Act came into being prior to the attainment of political > independence or Republican status. The Act was established in 1961. The > object of the Act was: > > "to prohibit the wearing of uniforms in connection with Political Objects > and the maintenance by private persons of Associations of Military or > similar character: and to make provision for the preservation of Public > Order on the occasion of Public Processions: and to make provision for the > control of the use in Public of Apparatus for Amplifying Sound." > > > > Section 6 of the Public Order Act reads: > > > "No person shall use any megaphone, loudhailer, loudspeaker or like > apparatus for the amplifying of sound (whether of an electrical nature or > not) in a public place, or in any other place in such a manner as to be > heard in a public place, without the prior written consent- > "(a) in the City of Banjul and Kombo Saint Mary, of the Inspector General of > Police or any police officer authorised by him to give such consent or, > "(b) in any Division of the Provinces, of the Commissioner of that Division > or other person authorised by the President; > "and if any person shall so use any such megaphone, loudhailer, loudspeaker > or like apparatus without such consent, he may be arrested and shall on > summary conviction before a Magistrate be liable to a fine not exceeding two > hundred and fifty dalasis or to imprisonment for a term not exceeding three > months or both such fine and imprisonment-" > > > Section 6 further creates a proviso to enable the Inspector General of > Police or any authorised person to establish terms for the utilisation of > the instruments. The proviso reads: > > > > "Provided that- > "(i) the Inspector General of Police or any police officer authorised by the > Inspector General or a Commissioner or other person authorised by the > President to give consent under this section may, in granting such consent > impose such conditions and make such stipulations in regard to the use of > any megaphone, loudhailer, loudspeaker, or like apparatus as he may think > fit...." > > > > It is evident that the Public Order Act has to be read with such adaptation > and modification so as to bring it into conformity with the Republican > Constitution. In short, any authorised person mandated with the > responsibility of issuing permits cannot possibly lay conditions of use that > are not reasonable and justifiable in a democratic society. > > > > In short, section 60, subsection (10 of the Constitution states > categorically that: > > > "Subject to the provisions of this section, political parties may be > established to participate in the shaping of the political will of the > people, to disseminate information of political ideas and on political, > economic and social programmes of a national character, and to sponsor > candidates for public elections." > > > This simply means that political parties have the role to disseminate > information to shape the political will of the people. In fact, section 26 > adds that > > > "Every citizen of The Gambia of full age and capacity shall have the right, > without unreasonable restrictions- > "(a) to take part in the conduct of public affairs, directly or through > freely chosen representatives; > "(b) to vote and stand for elections at genuine periodic elections for > public office, which elections shall be by universal and equal suffrage and > be held by secret ballot; > "(c) to have access, on general terms of equality, to public service in The > Gambia." > > > The Public Order Act empowers the Inspector General of Police to render a > public service by issuing permits. Section 26 requires access to that > service on general terms of equality by all political parties and others who > need to use the instruments mentioned in section 6. > > > In our view, it is a requirement of the Constitution, under section 33, for > all persons to be treated equally before the law. A reading of Section 33 > would confirm that it is unconstitutional for any form of discrimination in > issuing permits. Section 33, subsection (4) defines discrimination as > follows: > > > "affording different treatment to different persons attributable wholly or > mainly to their respective descriptions by race, colour, gender, language, > religion, political or other opinion, national or social origin, property, > birth 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." > > In our view, the consultative exercise did offer, in your presence, an > opportunity for the APRC and the UDP to express their concerns. The UDP > complained about intimidation and the APRC complained about insults and bad > faith. One would have thought that the assurances given that a new page > would be turned would have been predicated by new initiatives. > > > The minutes of the meeting captured Mr Sam Silla indicating that: > > > "it was the ideal forum where the spirit of dialogue would be instilled in > the representatives of parties, and not only at the top but within the > militants, which should be followed perhaps by exchanges of telephone calls, > visits ... etc. He felt convinced that that would make a lot of difference > and that and only then would the leadership of political parties and > Gambians in particular be proud to leave a legacy for our children and > future generations." > > > Taking the spirit of the consultative meeting between the IEC and the other > parties, with the security chiefs serving as observers, we find it difficult > to comprehend why permits are still being denied for the UDP to continue its > rallies. > > > It is, therefore, absolutely essential for you to utilise your office, as > promised, to resolve this particular problem. By a copy of this letter, > PDOIS wishes to call on the IEC to review developments and call an emergency > meeting when found to be essential in order to deal with this burning issue. > > > We have been sending reporters everywhere to sound the Gambian people and > the reaction we have gathered so far is that the people want a climate of > political tolerance and multi-culturalism. They do not want political > tension to build up in this country at their expense. All those who respect > their wish should, therefore, facilitate the creation of such a political > climate at this very juncture when tension is yet to be diffused. > > > > > .......................................... > Halifa Sallah > For: The Central Committee. > > > Cc: Secretary General. Office of the President > Attorney General and Secretary of State for Justice > Chairman, Independent Electoral Commission > Armed Forces Chief of Staff > Inspector General of Police > Director of Immigrations > Secretary General, Alliance for Patriotic Re-orientation and Construction > Secretary General, National Reconciliation Party > Secretary General, United Democratic Party > Press > > -------------------------------------------------------------------------- -- > > 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 unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------