FOROYAA BURNING ISSUES NO: 5/2003  16 - 19 January, 2003


CONTENTS:
 * The Local Councils In Limbo - Is Government Serious About
Decentralisation?
 *  Immigration Department Issues Warning
 * Judge Rebuts Director General Of Prisons
 * NAMs Scrutinise The Department of State for Tourism And Culture -
On The Issue Of The Bumsters
 * Halifa Sallah's Reaction To The 2003 Budget Speech
 * LETTERS: Despite AGOA, I was Deported From The US, On Business
Trip

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Editorial

The Local Councils In Limbo - Is Government Serious About Decentralisation?
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Decentralisation was meant to give power to the people in villages to
take part in determining who will serve as their leaders and be fully
involved in planning and implementing community projects. The constitution
tried to make the
position of Alkalo elective where there are disputes. The position of chief
was also made elective to make them accountable to the people. The first
blow against the empowerment of villages was to make Alkalos answerable to
the SoS for Local Government and Lands and the chiefs to be answerable to
the President. Instead of decentralization of power to determine
traditional authority, it is now fully under executive control.

Furthermore, the government put the cart before the horse when the
Secretary of State for Local government and Lands brought the Local
Government Bill without provisions to deal with the finances of the council.

Readers would recall the statements made by a PDOIS member of the National
Assembly that "the financial provision of the Bill is insufficient to run
the local government authorities;" that "the Bill did not establish a
financial year
for the council that it only stated the following:
"Subget to this Act the financial affairs of the council shall be regulated
in accordance with the local government finances and audit law to be
enacted by the National Assembly." The member for Serrekunda Central
indicated that the law was to come in the future after the creation of the
council. He called on them to add the provisions of the financial sections
under the old Local Government Act until a new Act is enacted. This was
ignored. Almost nine months have elapsed
without a finance and Audit Bill being brought to the National Assembly.
Today councilors are almost dormant because of the lack of information
regarding the mode of handling council finances. Councils are still
overshadowed by commissioners and the Department of State for Local
Government,. It does not want a traditional authority and Local Government
system that it cannot control and direct. There is need for change of
approach if there is to be a positive way forward.

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Immigration Department Issues Warning
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Inspector Baboucarr Jallow, Public Relations Officer of the Immigration
Department has indicated that foreigners who feel they cannot pay taxes
imposed on them by the Gambia Government should leave the country now.

In an interview with this paper, Inspector Jallow said the new fees on
Alien ID Card and Residential permit will come into force at the end of
this month.

He went further to say that his Department is not out to bargain and will
therefore enforce the law.

"We have said all documents are expired at the end of the year 2002. We
have given them, (aliens) time to have their papers regularised until the
end of January. After that period we are going to enforce the law. This
time, we are saying aliens will be given documents for which they have paid
for," he posited.

Asked whether the Immigration Department will allow part payment for
residential Permit and alien ID Cards, Inspector Jallow responded that his
department will not entertain such.

"Part payment for Residential Permits and Alien ID Cards are not allowed.
We are asking all foreigners that no payment should be done in the streets.
Aliens should do their payments in full and at an immigration post,
Immigration Department or at the Immigration Headquarters," he said.

Asked what the Immigration Department will do to aliens who fail to comply.
Inspector Jallow said his Department is anticipating that all foreigners
who are peace loving and law abiding will respect the rules and regulations
of the country.

"Am sure, they (aliens) have been enjoying the peace and tranquility that
has been accorded to them in this country. In return, therefore, we are
expecting them to cooperate," he said.


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Judge Rebuts Director General Of Prisons
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The treason trial of Dumo Saho, Lieutenant Darboe, Lieutenant Jaiteh,
Momodou Marenah, Ebrima Barrow and Ebrima Yarboe, on Tuesday took a
dramatic twist when the presiding Judge, Ahmed Belgore informed the court
that the action of David Colley, Director General of Prisons, to allow
security officers from the National Intellengence Agency to take the first
accused Ebrima Barrow out of the prison custody without court order
constitutes contempt of the court.

It could be recalled during the last court proceedings; that Ebrima Barrow,
wanted to change his plea of not guilty but this was objected to by the
Judge who urged him to seek the advice of a counsel before doing so. It
could also be recalled that the first accused was brought to court by a
police officer who said he was ordered by one Inspector Amie Sey of the
Banjul Police station to bring the accused person to court. Earlier during
that proceeding, Ousman Sillah, then counsel for the first accused person
had informed the Central Prisons but he was told that his client was taken
away by agents of the National Intelligence Agency.

During Tuesday's proceeding, David Colley, Director General of Prisons
informed the court that it was normal practice for accused persons to be
taken away from prison custody by security agents for interrogation,
pointing out that this is an administrative practice that has been going on
since the colonial era.

He went on to say that the accused person was handed over to one inspector
P.S.Jobe of the Banjul Police Station. The Judge further put it to Colley
that it is wrong for the police to investigate a matter that is already in
court. He further pointed out that the accused person was brought to court
by a court order. At this juncture, the Judge asked Colley whether he knows
that releasing the accused person without court order amounts to contempt
of court. The witness responded that he did not know. The Judge further
asked Colley whether he, David, would allow any preference if the full
force of the law is allowed to investigate contempt on him, but the witness
kept mute.

At this point, the Director of Public Prosecution, Akimoyae Agim, stood to
say that Mr. Colley thought he was doing the right thing, noting that was a
mistake made by Colley.

In any institution, administrative practices are carried out day by day. I
have seen security officers who are acting wrongly without knowing it.

Mai N.K. Fatty, who came to the court with the DPP, took everybody by
surprise when he stood up. Mai N.K. Fatty, counsel for Ebrima Barrow, told
the court that the information given by David Colley is inconsistent with
what he was informed
by his client. Mr. Fatty told the court that his client has informed him
that he was taken away from the prisons at an ungodly hour by one senior
official of the NIA Salmina, prosecution witness Francesco Tasso and two
military officers armed
to the teeth. He told the court that when his client was released at this
ungodly hour, he was taken onboard a vehicle sandwich by a senior NIA and
PW1.
He said his client was tortured and excessively intimidated which was why
his worship, the learned Judge, witnessed the summersault of his client, as
a result of the intimidation meted out on him.

"The court was not told the truth. We should look at the peculiar
circumstances. A mistake of this grand nature should not go unpunished.
This is not theft, it is treason. The fact brought by the Director General
of Prisons is inaccurate and it constitutes a violation of the right of my
client. Ignorance of the law is no excuse. The Director General wants to
sugarcoat the situation and deceive the court," he said.

Making his ruling, the Judge said he is convinced that Colley did not say
the truth and is in contempt of court.

"He should be ashamed of himself as Director General of Prisons. I do not
believe in their administrative practice. It is an administrative ploy.
Punishing him will make him a hero of nonentity. A repeat of this practice
will not go unpunished," the Judge said.

The judge also rejected an application for the proceedings to be heard in
camera, noting that the reasons advanced by the learned DPP are not
convincing.

"There is no doubt that there must be convincing reasons to be advanced by
the applicants considering the gravity of the case. Francesco Tasso must be
responsible for his act considering the fact that he has taken employment
with the NIA. I do not see how him giving evidence will affect the security
cover of the state. I see nothing that will endanger him giving evidence in
court," the Judge said.

All accused persons were present in court.

The case continues.

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NAMs Scrutinise The Department of State for Tourism And Culture

On The Issue Of The Bumsters
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Halifa Sallah, member for Serrekunda Central asked the SoS for Tourism and
Culture to indicate to the National Assembly whether any study had been
done to identify the causes of the "Bumster" phenomenon and what is being
done to provide youths prone to be Bumsters with alternative means of
survival? In response, the SoS for Tourism and Culture Yankuba Touray
indicated that the Department of State in collaboration with the Department
for International Development (DFID and the Association for Small Scale
Enterprises in Tourism (ASSET) conducted a study on the Tourism sector in
order to integrate the formal sector into the informal sector. SoS Touray
went on to indicate that youths unemployment and Poverty are some of the
attributes of tourists harassment at the Tourism Development Areas (TDA)
and other areas frequented by tourists.

The study and questionnaire received from tourists, SoS Touray said, also
revealed that the bumsters are the main problems affecting the tourism
sector.
SoS Touray indicated that government through the NYSS has always provided
alternatives to unemployed youths including the bumsters by introducing
apprenticeship programmes and tourist guide training scheme. "It is
disheartening to know," SoS Touray said.  He said that none of the bumsters
opted for these training programmes designed to equip them with life skills
to contribute positively to government's poverty reduction strategy.
However, through the integrated National Youth Policy and Programme of
Action (1999 - 2008). Government will continue to provide the enabling
environment to reduce youth unemployment and poverty," he said.

Halifa argued that the SoS for Tourism indicated that none of the Bumsters
opted for these training programmes. He then asked the SoS whether he is
aware of a training programme in 1997? In response SoS said exactly what he
said; that they
have not opted for the training programmes and that he was aware that the
Department of State for Tourism and Culture in collaboration with the
National youth Service Scheme has conducted a training scheme for tourist
guides.

Omar Baru Camara, member for Kantora said that he would like the SoS for
Tourism to tell them what method of sensitization they used to sensitise
these boys to enable them to come and report for these training programmes
and whether they
have tried to find out why these boys didn't come if they were properly
sensitized?

In response SoS Yankuba Touray indicated that the Department of State for
Tourism and Culture as a prelude to development to tourist guide training
scheme has conducted a lot of sensitization programme on our beaches; that
in fact the training programme was designed to absolve some of these
trainable bumsters to be trained like official tourist guides; that they
did not attend. SoS Touray indicated that there are reasons for them not
attending; that because the tourist guides scheme is regulated and the way
you are going to have resources is programmed. "So they feel that when they
joined the tourist guide training scheme the amount of money they are going
to receive by following the 'Tubabs" and so on will be far more different
because this is a programme tour that is conducted by the tourist guides."
Hamat Bah, member for Upper Saloum said that he cannot agree with the SoS;
that they were unable to address the bumster phenomenon in this country;
that according to his answer one of the problem they have is the issue of
bumsters.

Mr. Bah then asked SoS Touray whether they have any plans in place to
legislate laws that would address the situation in this country as others
have done?

In response, SoS Touray said that right now the Tourism Offences Bill is
suppose to come in the National Assembly; that in fact they were looking
for a certificate of urgency so that the bill will be passed in the
National Assembly to ensure that laws are in place like any other country
to curtail the problem of bumsters.

Halifa said he asked the question whether the SoS is aware of any training
programme in 1997 where 60 young people who were classified as bumsters
were trained to become official tourist guides?

In response, SoS Yankuba Touray said he was aware of a training programme
in 1997 during which they trained unemployed youths to become official
tourist guides.

Halifa further asked the SoS whether he is equally aware that more young
people who are classified as bumsters applied for that training programme
and were rejected by virtue of the limited nature of the training programme?

SoS Touray said he was not aware of any. Mr. Touray said that qualification
also counts; that they cannot train anyone; that if you do not have the
right qualification you will not be selected.

Duta Kamaso. Member for Wuli East indicated that based on her experience
with the bumster situation it is not only because of unemployment. She
asked the SoS for Tourism to indicate how many types of bumsters we have in
this country and what were the legal implications regarding these bumsters?

In response, SoS Touray said "Mr. Speaker Sir, I have only one type of
bumsters and these are the ones that harassed the tourists."

Speaker: "May I remind the SoS that you don't have to answer all
supplementary questions. Some supplementary questions are not necessary.

NAMs Chorused: "No! no! no!"

Ramzia Diab, nominated member indicated with all due respect that the
National Assembly was a very important body and if SoSs were there to
answer questions, they should just get up and answer questions; that the
Honourable Speaker, belittling the National Assembly was very embarrassing
to us.

NAMs chorused again: "Yea! yea! yea!"

Halifa Sallah also said that SoSs are to answer questions but one cannot
say that they will not answer questions; that SoSs cannot answer what they
do not know.

Mr. Sidia Jatta also reiterated that if a question is not necessary it
should be ruled by the Standing Orders; that the speaker does not need to
tell them not to answer questions. NAMs chorused again: "Yea! yea! yea!"

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Halifa Sallah's Reaction To The 2003 Budget Speech
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Institutions

We have seen the answer given by the Secretary of State on the public
institutions we have as far as their profits are concerned and the
dividends they are paying to government. And I have seen quite a number of
institutions making profits but frankly, Honourable Speaker, no dividends
were paid in the past year. And I have not seen any mention of what
government is deriving from the institutions as the owner. I hope some
issues can be dealt with. But I will go right away to applaud the postal
services.

It says in page 36, referring to Gamtel:

"In the year 2002, after six months of operation, Gamcel results are target
as budgeted for the year. During the six months of operation revenue
amounted to 255.9 million dalasis exceeding the current budget of 208.6
million dalasis by 47.3 million dalasis.

This improvement was largely due to the increased revenue realised in
providing access to the many customers connected to the Gamcel network. The
expenditure for some period is 206.6 million dalasis." I want the Secretary
of State to clarify this.

Is it 208.6 dalasis or 206.6 dalasis? Is that an error? If you say 255.9
million, exceeding the budget of 208.6 million.

I would like the Secretary of State to indicate what has happened to the
funds of the AMRC. He said it is at the Central Bank. What is going to be
done about it?

Referring to NAWEC, we are talking about a total budget of 440 million
dalasis and fuel takes 303 million dalasis.

Honourable Speaker, to have real strategic planning for energy. We have
ratified an agreement involving many countries in our sub-region. And it is
very significant that we start to have strategic planning as far as energy
is concerned. Because this is not sustainable. And as I have said when we
were ratifying the agreement, dealing with the transmission line, these
loans would have to be paid and if NAWEC cannot pay them ultimately,
privatisation. This is what we need to bear in mind. And I would say,
alternative sources, through sub-regional cooperation, can actually be
looked into. There are hydroelectric power; solar and different forms of
energy sources. And there is need for some investigation into what the most
appropriate form of sustainable energy source for the country is.

To come to conclusion Honourable Speaker, the strategic direction of the
country needs to be revisited. We cannot continue to live above our means.
We need a productive base. And there are two alternatives to building a
productive base.
Either the public corporation will have strategic direction where they are
made to ensure that their profits help in building the productive base of
the country, or if the country is to build a private sector, then there
must be a strategy helping for that private sector to emerge. And that
would require a national initiative, a national conference of some sort to
really look into the matter. Otherwise we will end up in a serious crisis,
and economic crisis, which will increase the poverty of our people as we
are seeing today. Prices are going up; life is becoming more difficult and
the agenda is to make that more difficult. Of course to conclude,
Honourable Speaker, if one is going to ask a motor mechanic D2500.00 and
D5000.00 etc whilst those people are investors in the sense that many of
these small-scale producers do not go to banks. They earn big money one day
and sit the other days; they lack spares, electricity and are living from
hand to mouth. They own resources to invest, to buy tools to buy other
things in order to continue to produce. So if you are depriving them of
that investment base, of their capacity to save, their capacity to invest.
And clearly what has saved this country and any country in Africa is the
ingenuity of the people in the informal sector. They are engaged in trade
of all sorts and activities of all sorts to be able to survive. And the
more we encroach into those areas the more we are going to dismantle the
support base of the economy. And we can expect more crisis.

Thank you very much.

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Despite AGOA, I was Deported From The US, On Business Trip
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Dear Editor,

I am an avid reader of your column on "The Gambia's Economic Situation."
For more than six year now, I have been going to and down to the United
States of America on purely business trips. Most of the goods I take to the
US are value added goods such as tie and dye and men and women's dresses
sewed in the Gambia.
I was doing this business for a long time without much problem and I also
do in turn import "FJ clothes" (second hand clothes) and many other items
of profitable value to The Gambia.

But to my surprise, in my this last trip, I was deported and ordered not to
go to the US for at least another two years. This surprised me because I
thought the Gambia accepted to be part of African Countries that gain
access to US market through AGOA, and that Gambians who are already in
business in the US would have no problems in transacting their trips or
businesses.

My question now is, has AGOA imposed new restrictions on people aiming to
do business or is it that one needs to be registered anew for one to be
qualified to do business in the United States? Please clarify.

Thank you in advance.

Yours sincerely

A reader.



Thank you very much for this most valuable question. Many newspapers have
written about AGOA but had not clarified how one should become qualified to
gain access as an individual business person to AGOA. We would try and get
access to information from the US Embassy in Banjul.

However, we know that countries such as Benin has sought clarity through
Seminars provided by FDA (Foundation for Democracy in Africa) on how
African businesses can gain advantage of the African Growth and opportunity
Act (AGOA). So the Gambia Government should also approach the FDA to see if
they can help to give clarity about what the real opportunities in the US
are for African countries. The FDA specialist who went to Benin gave much
clarity on how to use AGOA, how to market goods to the United States, the
impact of the globalisation, the need for economic competitiveness, and
public-private partnership etc. This would indeed give business persons in
the Gambians a good idea of how the products  they want to sell fit into
the World Market.

According to Gregory Simkins, the expert who runs the Benin seminar, the
program uses AGOA as the jumping off point to create public- private
partnership in West African countries and to establish match making between
West African and
American countries.

The African Growth and Opportunity Act was signed into the Trade and
Development Act of 2000. the Act also aimed to help African countries open
their economies and build free markets by reinforcing reform efforts, and
by improving access to
US credit and technical expertise, as well as offering economic incentives.

According to the report on the seminar in the African News Report provided
by the American embassy, these incentives include allowing reformed African
countries the most liberal access to US market available to country that do
not
have a Free Trade Agreement with the United States. The report also says,
AGOA authorize the President to grant duty-free treatment for a variety of
product including textiles. It also says, for textiles, AGOA offers
unlimited quota-free
and duty-free access to the US market for apparel made in Africa under
certain conditions. The African News Report also mentioned that
preferential treatment is granted to 36 African nations deemed eligible to
participate in AGOA because
of their efforts in economic and political reform.

The report also highlighted Amendments to AGOA since President Bush took
over which is known  as AGOA II. AGOA II is aimed and designed to improve
and clarify some of the specific provisions not addressed in the original
legislation,
substantially expands preferential access of imports from sub-Saharan
African countries.

According to the report, African export to the United States under AGOA
went up appreciably even though percentage figure has been stated. It says,
apparel imports from Africa, increased by 28 percent.

According to Mark Bellamy, the Principal Deputy Assistant Secretary of
State of African Affairs, AGOA related trade has increased substantially.
He said textil exports to the US jumped by 700 percent.

Simpkins however said AGOA's potential has barely scratched the surface. He
said there is a lack of understanding about what can be done to make AGOA
work even better. He also said Businesses are not taking advantage of goods
that are duty
-free. He told the seminar that West African region is better positioned to
access the US market because it is closer to the US and that is why it is
chosen to participate in the FDA program. He said the products are there
and the entrepreneurs are there; that all they need is to be refined.

In this respect, what Gambian business persons should do is to wait for the
FDA's second phase of its program that would bring technical assistance to
the participating countries..

The FDA, according to the report also plans to host a one-day seminar on
doing business in Africa for business people interested in US trade and
government officials involved in trade policy.

The ADDA (Alliance for Democracy and Development in Africa, which is based
in the Gambia and led by a Gambian, Dr. Madi Touray can approach the FDA
(Foundation for Democracy in Africa) to send an expert to the Gambia even
on a one day seminar to give much needed clarity on this most important
issue.

So as it stands, business people wishing to take advantage of AGOA should
see the American Embassy for advice. What is however clear is that AGOA
only provides opportunity to people or countries producing home-made
products such as textiles in Ghana and Nigeria or even in Senegal and not
countries that are programed  to re-export  products produced in other
countries. In a way it is encouraging countries to manufacture their own
products so as to gain access to US market.

The interesting thing about it however is that it has conditions which has
to be met by countries before an African country can be part of countries
given the opportunity and that is, a country must not only open their
economies, whatever that means but must build what they called "Free
Market" and reinforce reform efforts.

Now looking at these conditions, the question that readily comes to mind
is: How can the Gambia produce a wide range of goods/products to benefit
from AGOA?

This can be done in two ways.   Either the private sector operators engage
in investment in the productive sector to produce goods in large quantity
and variety, which they acknowledged, they are not in a position to do. Or
the state
to do the productive sector investment which it is conditioned not to
engage in by our creditors, the IMF and the World etc.. And if investment
in the productive base is not done, the opportunity offered by AGOA would
tantamount to
a loss opportunity or an opportunity which is only stipulated in paper and
therefore would remain only a dream, a mere dream for Gambian entrepreneurs.
This is how matters stand, Mr. Reader.

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Source: FOROYAA (Freedom) NO: 5/2003  16 - 19 January, 2003
ISSN: 0796- 08573
Address: FOROYAA, P.O.Box 2306, Serrekunda, The Gambia, West Africa
Telephone: (220) 393177  Fax: (220) 393177
Email address: [log in to unmask]
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