Breaking News-AU Summit failure begins as Jammeh denied free expression
group from holding conference!!!
JOINT ACTION: NGOs protest government's barring of forum on freedom of
expression
Country/Topic: The Gambia
Date: 23 June 2006
Source: Media Foundation for West Africa (MFWA)
Person(s):
Target(s):
Type(s) of violation(s):
Urgency: Threat
(MFWA/IFEX) - The following is a joint statement by MFWA and several other
IFEX members, as well as other organizations:
Free expression and journalist organisations prevented from holding a Forum
on freedom of expression in The Gambia
Dakar, June 23, 2006: The Coordinating Committee set up by the government of
The Gambia to oversee the African Union (AU) Summit has barred civil society
organizations on the continent from holding a forum on freedom of expression
in the country. The forum was scheduled to take place in Banjul, the capital,
on June 29 and 30, prior to the Summit.
In a letter sent on June 19, 2006 to "The Association of Non-Governmental
Organisations" (TANGO) and copied to the Kombo Beach Hotel, which had been
booked as venue for the Forum, the General Coordinator of the Summit, Mr. Bolong
Sonko, who is also a former Minister of Foreign Affairs of The Gambia, told
the hotel management to suspend the freedom of expression forum until the
government approves it. The Gambian government therefore effectively stopped the
NGOs from holding the forum.
We view the Gambian government's action as a declaration of its hostility to
human rights. It is also a violation of the Constitutive Act of the African
Union. It is unacceptable for the Gambian authorities to attempt to subject
an NGO forum, particularly one aimed at discussing an issue as fundamental as
the right to freedom of expression, to governmental approval.
The freedom of expression forum was singled out for obstruction by the
Gambian authorities. Other civil society meetings focused on less "sensitive"
issues have been given the green light to proceed. This action indicates clearly
that the "topic" of the forum, which is "Freedom of Expression in Africa",
poses a major threat to the Gambian government, whose preoccupation appears to
be how to polish its image with the African Union Summit. It is a clear
testimony to the fact that President Yahya Jammeh's government is afraid of the
possibility of NGOs using the AU Summit to criticise his regime's widespread
violation of human rights.
In recent months, since the government announced the foiling of an alleged
attempted coup d'彋at, President Jammeh's much-dreaded security agents have
arrested scores of Gambian citizens, including journalists, lawyers, members of
his own government and army, and even the speaker of the Gambian Parliament.
The state of fear imposed on the people of The Gambia is such that citizens
are afraid to have any conversation whatsoever about public affairs. The
regime has closed down several newspapers and radio stations, and has frightened
and gagged most of the newspapers not yet closed.
It is for this reason that the Network of African Freedom Expression
Organisations (NAFEO) declared President Jammeh's government "the most violent
violator of press freedom in West Africa" today, and The Gambia one of the six
"hotspots" of freedom of expression violations in Africa.
The African Union offers a new framework for good governance, respect for
human rights and the rule of law. It is therefore unacceptable and intolerable
that, despite being the host of the African Union Summit, the Gambian
government persists in silencing free speech and trampling on the basic rights of
Gambians.
Demands:
Accordingly, the signatories to this Statement hereby:
1. denounce and protest the Gambian government's high-handed action and
violent repression of human rights in The Gambia;
2. call on the leaders of democratic governments attending the Banjul Summit
to reject the Gambian government's action against the planned freedom of
expression forum;
3. demand that the AU makes it obligatory on any host government to permit
civil society organisations to organise their forums during all AU-authorised
events, including summits;
4. demand of leaders of democratic governments attending the Banjul Summit
that they condemn the widespread and unending violent attacks on human rights
in the Gambia.
5. call on the Heads of State and Governments of the AU to take urgent steps
to ensure that the Gambian government respects its obligations under
international human rights law.
BACKGROUND:
The Freedom of Expression forum was planned ahead of the African Union
Summit by ARTICLE 19, in partnership with the Gambia Press Union (GPU), Media
Foundation for West Africa (MFWA), Media Institute of Southern Africa (MISA), The
All Africa Editors Forum (TAEF), Panos Institute for West Africa (PIWA), The
Inter African Network for Women, Media, Gender Equity and Development
(FAMEDEV), the International Federation of Journalists (IFJ)-Africa Office, the
West African Journalist Association (WAJA), Highway Africa Conference, SAB
Miller Chair of Media and Democracy and Media Rights Agenda (MRA) and other member
organizations of the Network of African Freedom of Expression Organisations
(NAFEO).
The aim of the Forum is to provide in-depth knowledge of the Declaration of
Principles on Freedom of Expression in Africa and other African Union
mechanisms, including the African Peer Review Mechanism. The Forum will focus on how
these mechanisms can be utilised at the national and regional levels to
strengthen freedom of expression. It will also address key freedom of expression
challenges and highlight the threats in many parts of the continent. The
Forum will also seek to reinforce the work of existing freedom of expression and
journalists' networks in Africa and to encourage them to utilise the
mechanisms of the African Regional Human Rights System.
Signed by:
ARTICLE 19, the Global Campaign for Free Expression
The Gambia Press Union (GPU)
Media Foundation for West Africa (MFWA)
Media Institute of Southern Africa (MISA)
The All Africa Editors Forum
Panos Institute for West Africa (PIWA)
The Inter African Network for Women, Media, Gender Equity and Development
(FAMEDEV)
The International Federation of Journalists (IFJ)-Africa Office
West African Journalist Association (WAJA)
The Highway Africa Conference
The SAB Miller Chair of Media and Democracy
Media Rights Agenda (MRA)
The International Press Centre (IPC), Lagos
National Council for Liberties in Tunisia (CNLT)
The Network of African Freedom of Expression Organisations (NAFEO)
MORE INFORMATION:
In another development, the International press watch dog IFEX reported
about the Botswanan professor who was expelled by his government because of
critical teachings. Please read on....
Expelled from Botswana in 2005 for critical teachings, professor takes case
to African Human Rights and People's Commission
Country/Topic: The Gambia
Date: 22 June 2006
Source: Media Institute of Southern Africa (MISA)
Person(s): Kenneth Good
Target(s): academic(s)
Type(s) of violation(s): expelled
Urgency: Bulletin
(MISA/IFEX) - Those who thought Professor Kenneth Good's case was resolved
should brace themselves for a surprise. The drama has now shifted to Banjul,
The Gambia, where the indefatigable political science lecturer has lodged a
complaint with the African Human Rights and People's Commission.
Deputy Attorney General Abraham Keetshabe has confirmed to MISA that the
Botswana government has been hauled before the commission by Good, who was
deported from Botswana in 2005 for lecturing critically on national affairs. "Some
two weeks ago, I was in Banjul defending the Republic of Botswana in
relation to a complaint that was lodged by Professor Good. He is basically
challenging the presidential decision to declare him a prohibited immigrant. Our
position is that he has no legitimate complaint," said Keetshabe.
Keetshabe also said his legal team has raised a preliminary point arguing
that Good's case should be declared inadmissible. The government is waiting for
a ruling on this preliminary point.
Although he did not travel to represent Good in Banjul, Dick Bayford, who is
the instructing attorney in the matter, said he was aware that the case is
before the African Commission. He said that they have instructed the lawyer
Anton Katz and, due to cost considerations, could not travel with him to
Banjul. He said Good's complaint is motivated by the realisation that Botswana has
certain obligations under the African Human Rights Charter and the
International Convention on civil and political rights.
"Being a signatory to these treaties, Botswana is under obligation to
incorporate, into national laws, aspects that would give effect to the tenor and
spirit of these treaties. In instances where the national laws are found to be
in disagreement with these international instruments, the state would have to
cancel or repeal such laws." In his view, Good's argument is bound to
succeed because Botswana has failed to fulfill its obligations by having in its
laws the Immigration Act, a provision that gives the president the right to
expel an individual from Botswana without affording that person the right to
challenge the decision before any court of law. Bayford said he was hopeful that
Good would win the case.
"Based on similar cases, the bulk of which we have relied upon, the trend is
that the commission would find the Botswana government to be in breach. In a
similar case, the commission found the Republic of Zambia to have been in
breach." Both Bayford and Keetshabe said the decision of the commission is not
binding. "We know the decision would not be binding and, as such, the case is
purely for political and moral persuasion." "The Botswana government is known
as a compliant state and they would not want to be declared a rogue state,"
Bayford said. Meanwhile, Bayford has confirmed that Good is now in Sweden as
a visiting professor, though he still wants to return to Botswana. "He has
lived here for a while and loves the country," Bayford said.
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