Brother Abdu,
I am glad to forward Foroyaa to the list. They are doing a fine job of keeping Gambians at home and in the diaspora informed about what is unfolding in our country. Access to information about what is being done in our name and to us by those who represent us and education about our rights are what will liberate our people and foroyaa is doing their part without prejudice.
It is a long walk to freedom indeed but in the end, the peopel always prevail.
Rgds.
Jabou Joh
-----Original Message-----
From: ABDOUKARIM SANNEH <[log in to unmask]>
To: [log in to unmask]
Sent: Tue, 12 Jun 2007 7:35 am
Subject: Re: Fwd: Foroyaa Newspaper Burning Issue No. 67/2007, 11- 12 June 2007
Hello Sister Jabou
I hope you are fine and doing well. Keep forwarding Foroyaa news. It helps a
ot informing me about the madness for days unending is happening in our
ountry. Prevailing condition of our country as failed state and deep-rooted
ivisive opposition parties redeeming from APRC rule is a long walk to freedom.
[log in to unmask] wrote:
Issue No. 67/2007, 11- 12 June 2007
Editorial
ARDONS AND ARRESTS
pecial Plea for Lamin Darboe
usa Suso, Former MP for Kombo North is Released.
avid Colley, the Commissioner of Prisons is detained.
ome claim that this should teach all those who are in charge of the custody
f prisoners that they are not immune to arrest.
oroyaa, however, wishes to draw attention to a different lesson.
n the past, few Gambians hardly knew what was inside the walls of our
risons. It was a taboo for many to get close to the prison not to mention being
incarcerated.
oday, many people see the prisons as detention centres where the convicted
nd those not even charged co-exist.
n the past, one used to find very few literate people in the prisons. Now
hey may be counted in the majority. Some remain in doors for years waiting
or their trials like those who were accused of armed robbery in U.R.D. No one
nows whether they are innocent or guilty.
he president had a discussion with his cabinet and the Chief Justice
egarding the Criminal Justice system. However the problem still remains.
eedless to say, the detention of David Colley at the Central Prisons is a
ecent example that the transformation of the Central Prisons into a detention
entre is not yet history.
e, therefore, call on the Inspector General of Police and Director General
f the NIA to put a stop to any detention at the prisons without a remand or
mprisonment warrant issued by a court of law. The Attorney General should
dvise the government to put a stop to any detention for more than 72 hours
ithout court appearance, as well as, detention of persons who have not appeared
before courts in our prisons.
inally, Foroyaa wishes to make a special plea for the doyen of the central
rison, who all young prisoners look up to for advice and is referred to as “
ncleâ€. Most people who have been detained at the maximum security wing
annot forget the remarkable impression that this prisoner makes on a person.
is
istory as a prisoner is legendary. Foroyaa is informed that he was convicted
efore the coup d’etat. It is claimed that on the day of the 1994 coup d’
tat he was at the hospital with other prisoners and when it became apparent
hat a coup was in the making the guards disappeared leaving the prisoners
ehind. Foroyaa is informed that as the prisoners tried to flee Lamin convinced
hem that the best thing was to go back to the prisons and wait for the
utcome of the tense moments. When the coup succeeded Lamin anticipated that his
act of patriotism and honesty will be rewarded. 13 years have actually elapsed.
amin is still waiting. Who would have arrested him 13 years ago if he left
he country? Lamin can be a good rehabilitation officer for any youth
ehabilitation centre. He knows the young prisoners and the prisons more than
nybody. The President will do justice and an honour by giving Lamin Darboe a
ardon.
DETENTION OF PRISON OFFICERS
avid Colley, the director general of Prisons is detained at the Central
rison at Mile Two, this paper has reliably learnt. The detention of Colley came
in the wake of investigations mounted at the Prisons by officials of the
erious Crime Unit of the Police and President Jammeh’s decision to grant
mnesty to Musa Suso. Suso was convicted and sentenced to eight years of
mprisonment after he was found guilty on drug related charges. However, his
o-convict, Ndeneh Faal is serving his prison term. Three prison wardens,
ergeant
eter, Corporal Sarjo and Private Abbas are also detained. They were detained
efore Colley was incarcerated by the authorities. It is reported that Rose
lyn, the deputy director general of Prisons has taken over from Colley, and has
moved from the Jeshwang Prison Camp to the State Central Prison at Mile Two.
he police spokesperson, Superintendent Jobarteh, has told this paper that
he police are yet to finish their investigations at the prison. Asked whether
he investigation had anything to do with the detention of David Colley,
obarteh said he is not sure whether it has anything to do with it, but was
uick to say that everything will be clear by today or tomorrow.
TOURISM AUTHORITY REVISITS LAW ON TOURISM
y Annia Gaye
he Gambia Tourism Authority (GTA) held a workshop at the Senegambia Beach
otel on 7 May 2007 to review the law on tourism.
r. Amadou Ceesay of The Gambia Tourism Authority (GTA) welcomed all the
articipants to the workshop which he said is very important.
r. Ceesay said that tourism regulations are critical because they set the
ules that govern the tourism industry in The Gambia. He reminded the
articipants that the Gambia Tourism Authority Act 2001 empowers the Secretary
f
tate for Tourism and Culture, under section 73, to make regulations for the
etter carrying out into effect of the provisions and purposes of the Act.
r. Ceesay said that the overall purpose of the regulations is to give legal
acking to procedures put in place by the GTA and to better complement and
upport the work of The Gambia Tourism Authority with a view to enhancing the
evel of quality and standards of our tourism products.
r. Ceesay continued to dilate on the agenda of the conference which he said
overs a diverse range of issues that are related to the development of
ourism in The Gambia. He also opined that there is a need to provide a forum to
deepen the dialogue process and reach a consensus on the best way forward to
egulate the tourism industry. He then urged participants to help put in
lace a framework that would not only regulate the industry but will also help
ttract the required investors needed to further develop Gambia’s tourism
roduct.
r. Ousman Kaliba Senghore, Director General of GTA, informed the
articipants that the law on Tourism can be found in a number of pieces of
egislation.
e, however, said that the Principal Act is The Gambia Tourism Authority Act
2001). He further maintains that Regulation or control of the tourism
ndustry is principally the responsibility of the GTA but as he said, several
overnment Departments are also involved in administering relevant or related
egislation.
r. Senghore said there are some laws that are applicable to the tourism
ndustry that are outdated and others with penal provisions that are contrary to
current economic realities. The penal provisions he insisted are so
nsignificant that they do not act as a deterrent, especially where there is
ardly a
hance of an offender being prosecuted for breaches.
r. Senghore indicated that there is not much co-ordination between the
arious authorities who have responsibility for the administration of the
arious
aws or regulations. He gave an example of Health laws covering the tourism
ndustry which are described as old and out of tune with the current trends
n the tourism sector. He said that all the relevant legislation is not
ontained in one Act, which he argued would make it difficult for interested
ersons, including prospective investors to immediately have at hand all the
elevant laws, or easily understand the whole legal framework applicable to the
ector. Mr. Senghore gave an inventory of the present tourism related
egislations, regulation, licensing, taxation and fees structure, as well as,
ther
ectoral legislation that impact on the management of the tourism sector.
e informed participants that the GTA Quality Control and Licensing Unit has
ublished several requirements which needs to be satisfied before obtaining
number of the licences which it issues to the following service providers:
round tour operators, food service and accommodation providers, craft
arkets, the equipment hirers and other tourism enterprises.
r. Senghore cited the TDA land administration as another problematic area
n their day to day work. He said GTA believes that there ought to be clearly
efined mechanisms and procedures for the allocation and better management of
and for tourism and its related investments. He said, it is essential for
ncreasing the overall quality of tourism products and services. He went on to
ay that whilst there is land allocated for tourism infrastructure such as
or the construction of hotels, resorts, lodges etc, along the coast, land
llocation has been carried out in some cases with total disregard for the law.
e said leases have been granted and can be held for several years without
ny development and with no resultant sanctions.
r. Senghore spoke about illegal erection of structures and temporary
tructures and kiosks erected without any planning permission in the GTA Act
hat
nables the GTA to evict such trespassers. This responsibility, he said, falls
n the Department of Physical Planning and Housing.
r. Amadou Sarr, the human resource personnel at the GTA said Tourism
egulation is critical as it sets rules that would govern the tourism industry
n
he Gambia. He reiterated that the purpose of the regulation is to give legal
ffect to procedures put in place by GTA to complement and support its work,
ith a view to enhancing the level of quality and standard of the tourism
roducts. Several presentations were made by the consultant Mr. Clive Barrowman,
who is the drafts person, and Kathy-Ann Brown, a legal adviser.
Bill to Increase Gratuity & Pensions of NAMs Passed
y Bubacarr K. Sowe
ast Monday, the National Assembly passed a bill entitled the National
ssembly Salaries and Pensions Bill (Amendment) Bill 2007. The bill seeks to
ncrease the gratuity and pensions of ex-national assembly members with effect
rom 30 January, 2002.
ccording to the parent Act, the National Assembly Salaries and Pensions Act
997, ex- national assembly members are entitled to a gratuity of 12.5% of
he total emolument that a member has received during his/her membership of
he assembly. The new bill seeks to increase the percentage to 25%.
embers who wish to opt for a pensions payment would earn 25% of their total
nnual income as gratuity, plus a pension which is calculated on the basis
f a formula.
he bill has amended the National Assembly Salaries and Pensions Act 1997.
he law has come into force on January, 30, 2002, according to the bill.
oving the bill before the National Assembly, the Secretary of State for
oreign Affairs and National Assembly Matters, Bala Garba-Jahumpa, said the
bjective of the bill is to cater for adequate remuneration for National
ssembly
embers and revisit their status after a successful term of office.
€œWhen one ceases to be a member of the National Assembly, one should be able
o continue to be an honourable member of society,†SoS Jahumpa said.
ellu Bah, member for Basse, who seconded the Bill, said the
arliamentarians are like any other contracted individuals who need such a
cheme.
he minority leader and member for Kiang West, Momodou Sanneh, said the
mendment would bring the status of the National Assembly Members to higher
eights. Mr. Sanneh also called on SoS Jahumpa to come up with a Bill for
x-members of parliament, so that their experience can be utilised by allocating
hem
package since the National Assembly will be expanded with a new building
n the near future.
ventually, the Secretary of State promised the Minority leader that he
ould consult the necessary authorities on a bill for the plight of ex-members.
oS Jahumpa also assured the member for Basse that he would take up the issue
f all other allowances with the Solicitor General and Attorney General’s
ffices. The member for Foni Kansala, Sheriff Abba Sanyang, said it is sad to
ee ex-National Assembly Members in certain situations. He lauded the
mendment, adding that it will make life for ex-Members honourable in society.
idia Jatta, member for Wuli West, said the amendment is to regularise and
ormalise the gap between parliamentarians and others following an increment
f salaries across the board to 25 percent excluding the National Assembly
embers, whose earnings just rose by 12.5 percent.
he member for Tumana, Hon. Netty Baldeh, said that after all the pessimism,
he bill has finally been made available and they appreciated it.
abakary Tombong Jatta, Majority leader and member for Serrekunda East, said
he National Assembly is elected by constituents to serve as an oversight
nstitution. Abdoulie Saine of Banjul Central said the amendment is in the right
direction.
ANOTHER PLUS FOR WOMEN’S PROTOCOL
y Bubacarr K. Sowe
ational Assembly Members on Wednesday, June 6, adopted the report of the
oint regional consultative meeting on strategies for accelerating the
atification of the African Union (AU) Protocol on the Rights of Women held from
he
to 3 April in Tunisia.
ontributing to the debate on the motion, Babanding Daffeh, Member for
iang-Central, said he is not against women being empowered, but said care needs
to be taken. He quoted a case study in Tunisia in which their judiciary
nterprets the Islamic law in a way that does not conflict with the Protocol.
addy Jagne of Jeshwang Constituency said that the empowerment of women is
ot new. Mrs. Jagne spoke about women’s importance and participation in
ociety. She pointed out that women are allies in development who want to bridge
the gap between them and the men.
he majority leader and Member for Serrekunda East, Fabakary Tombong Jatta,
aid the issue of empowering women is not a controversy, but those who are
uslims would want it to conform with Islam. He called on the educated women to
ook back and bring along their illiterate colleagues in order for them to
chieve their goal.
idia Jatta, Member for Wuli West, said that the freedom and rights women
re asking for is already guaranteed by the country’s laws, adding that what
hey (women) need to do is take what is given to them. Mr. Jatta said the
onstitution has already shown that a woman has an equal right with a man.
Counsel Strives For Custody of Child
y Bubacarr K. Sowe
r. Mai Fatty, counsel for Fatoumata Dem, who is facing a murder charge at
he High Court, has asked the court not to allow the accused to be separated
rom her child. The counsel told the court on Thursday, June 7, that the
ocial Welfare Department and the Prison Council have forcefully separated the
hild and her mother who is presently detained at the State Central Prison, at
ile 2.
atty argued that taking the child to the SOS Children’s village without her
other’s consent violates the constitution, the Children’s Act 2005 and
ther international laws, stressing that the act cannot be justified as adopting
and fostering a child.
he lawyer said the Children’s Act makes a provision that only a Children’s
ourt can give an order under such circumstances, which he believed, has not
een given to the Social Welfare and the authorities at the prison.
atty told the court that such an act is capricious and high handed, which
f allowed will set a dangerous precedence and nobody’s child will be safe.
erley Wood, the state counsel prosecuting the case involving Fatoumata Dem,
bjected to the accusation made by the defence counsel.
ood argued that the mother was counselled and her consent was sought in
aking her daughter to the SOS Children’s Village. The presiding judge,
ustice
anji Monageng asked the defence counsel what might be the best interest of
he child, whether it is for the child to be at the SOS Children’s Village or
t the prisons with her mum.
r. Fatty responded that if the process is unfair, the result will be fatal.
e gave reference to a similar case few years ago at the High Court in which
four year old child refused to be separated from her convicted mother and
inally the court released and deported them to Guinea.
he matter was adjourned for ruling this week.
atoumata is on trial for allegedly murdering one Batoli Dem of Dogoroba
illage in the Central River Region. She acquired legal assistance after
evealing in court two months ago that she cannot afford the cost of hiring a
awyer, saying that she is poor and her parents are deceased. Mr. Fatty who was
n
ourt sympathised with the young woman and told the judge he would offer her
ssistance free of charge.
Media Organisations On Fatty’s Trial
ommittee to Protect Journalists
atty was charged a year ago in connection with a March 24, 2006, story
ncorrectly reporting that former Interior Minister Samba Bah was among more
han
0 people detained in the wake of a purported coup attempt. The paper, known
or its critical coverage of President Yahya Jammeh’s government,
ubsequently ran Bah’s response and its own apology, but intelligence agents
ealed off
he paper and detained Fatty incommunicado for two months. General Manager
adi Ceesay, who is also GPU president, and Editor Musa Saidykhan were
etained for three weeks apiece but later released without charge.
€œWe condemn the criminal conviction of Lamin Fatty whose case highlights the
uthorities’ pattern of using extra-judicial detention and harsh criminal
enalties against the press,†CPJ Executive Director Joel Simon said. “We
all
n the appeals court to overturn Lamin Fatty’s conviction and we reiterate
ur call to the Gambian authorities to lift all restrictions on The
ndependent.â€
€œIf a simple reporter who has no say about the final content of an article
s held responsible for publishing false news, then, this verdict sets a
angerous precedent in our country,†Fatty told CPJ.
ast month, CPJ named the Gambia one of the world’s worst backsliders on
ress freedom.
Media Foundation for West Africa
amin Fatty, a reporter of the banned- Banjul based “The Independentâ€
ewspaper charged with publishing “false information†was on June 5, 2007
onvicted and fined 50, 000 Gambian Dalasi (about 1,850 US$).
edia Foundation for West Africa (MFWA) sources reported that if Fatty who
as been unemployed following the illegal closure of the “Independentâ€
ewspaper defaults in the payment of the fine he will go to jail for a year.
atty was charged under Section 181A of the Criminal Code which in its
mended form makes the publication of “false information†a criminal and
unishable offence. The 24 March edition of “The Independent†erroneously
eported
amba Bah, a former minister of the interior and former head of the National
ntelligence Agency (NIA), as among those arrested in the aftermath of an
lleged coup. The newspaper subsequently published Bah’s rejoinder and also
pologized to him.
he police soon after raided the offices of “The Independent†and arrested
ll staff members, including Madi Ceesay and Musa Saidykhan, General Manager
nd Editor-In-Chief, respectively. They have since been released without
harge. Fatty was arrested by the Gambian police on April 10, 2006 and was
llegally detained for 63 days.
he MFWA condemns the increasingly high-handed use of the law to criminalize
peech and expression in the Gambia .
rofessor Kwame Karikari
xecutive Director
INTERNATIONAL FEDERATION OF JOURNALISTS
edia release
June 2007
he International Federation of Journalists (IFJ) today condemned the
onviction of Lamin Fatty to a one year jail sentence or a heavy fine, for
€œfalse
ublication†after he had been illegally detained for two months in prison,
oupled with a lengthy trial.
€œWe are deeply shocked … and we vigorously condemn the Act as harsh and
nwarrantedâ€, said Gabriel Baglo, Director of IFJ Africa office. “There is
o
eed to convict Fatty who has already been illegally detained for two months
nd most especially when the paper had issued a corrigendum and an apology in
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