Foroyaa Newspaper Burning Issue
Issue No. 029/2007, 12 13 March, 2007
Editorial
PETROLEUM OIL! PETROLEUM OIL! PETROLEUM OIL!
THE FACTS
Where is Petroleum found in the Gambia?
What is the significance of a National Petroleum Act? Are Gambians posing to
be a Petroleum rich country very soon? These are questions of interest.
Foroyaa is collecting all the information and will publish a special issue on
petroleum exploration and potential in The Gambia.
However, for the sake of clarity on the matter, it is important for Foroyaa
to give brief background information of the petroleum prospects of the
country.
First and foremost, readers would agree that before petroleum or crude oil
and natural gas can be produced there must first be exploration to locate
where it could be extracted.
Exploration starts with reconnaissance operations, the drilling of
exploration wells to appraise potential for extraction in large quantity and the
geological risks involved.
Once an area is identified as a potential area for petroleum reserve, a map
of the area can be drawn. The area may then be demarcated with each of the
divisions being referred to as a block.
Exploration drilling can then be done in each block to appraise the
potential for production. Oil companies prospecting for oil reserves usually take
interest in those blocks and if the potentials are great they often compete to
get licenses to become the sole licensee who can carryout exploration. In
order to identify blocks, issue licenses, prevent conflict in exploration and
other abuse, petroleum legislation is needed to create the basis for issuing
permits and the penalties for violations.
Herein lies the importance of the Petroleum (Exploration, Development and
Production) Act 2004. Foroyaa is glad that the office of the Attorney General
has identified the bad provisions in the Act which the majority in the
National Assembly have been allowing to pass. It is a fundamental principle of
equity that the degree of retribution must be proportionate to the scale of
transgression. However, not only in the Petroleum Act but also in other Acts, one
could discover custodial sentences that make the convict liable to a fine of
not less than 10 years, meaning that one could be sentenced for life. One may
also read provisions making convicts liable to a fine of not less than ten
thousand dollars, meaning such could be asked to pay millions. It is such vague
provisions which can lead someone to be sentenced for life for what may be a
misdemeanor in many other jurisdictions. Such draconian penalties are
unreasonable and unjustifiable in a democratic society. Laws are meant to be
amended when found to be flawed. This is why governments should tolerate opposition
and freedom of information, including press freedom. No Nation can progress
without critical minds.
As for the actual state of matters relating to petroleum, we can best throw
clarity on this issue by referring to what President Jammeh told the National
Assembly in 2006. According to him “The Gambia National Petroleum Company is
working very hard to attract international investors to come and invest in
the Gambia’s upstream hydrocarbon resources.” This simply means that the
reserves that are being explored are offshore or upstream in our waters.
According to the President, Exploration for oil and gas is a high risk
investment. “The major players are the international companies which are willing
to invest in projects based on their hydrocarbon potential, geological risk,
fiscal and legal terms, as well as potential stability in the country involved.
” This simply means that the Gambia has enacted the Petroleum (Exploration
and Production) Act to attract investors to come and engage in oil exploration.
Finally, the President indicated: “Negotiations are still on going,
especially for the Alhamdulilah Block (A1) and Block (A4). On these two blocks, GNPC
has succeeded in signing a memorandum of understanding (MOU) with a Canadian
International Company called Buried Hill Energy (BHE), the very company that
did the interpretation of our 3D seismic Data on A1.”
In short, government is at the level of issuing licenses for companies to
control blocks and engage in the drilling of exploration wells to determine
whether production is feasible or not. This is how matters stand.
42 WOMEN SENT TO JAIL
By Bubacarr K. Sowe
At least, forty two women were, on Friday, sentenced to seven days
imprisonment after pleading guilty to the charge of being rogues and vagabonds at the
Kanifing Magistrates Court.
Fifty five women were arraigned in court following a Police raid on
Wednesday, March 7th, in the Kanifing Municipality. All of them were charged with
being rogues and vagabonds which contravenes section 167 (d) of the Criminal
Code, Laws of The Gambia. Eighteen out of the thirty accused persons, who
appeared before Magistrate Pa Harry Jammeh, pleaded guilty to the charge. In
another development, all, except, one out of the twenty five who appeared before
Magistrate Abdoulie Mbackeh also pleaded guilty to the offence they were
charged with.
Police prosecutor, Momodou D. Mballow, submitted that their officer
commanding the Kanifing Municipality got information that there were certain ladies
in the area whose acts of wandering in the odd hours of the night soliciting
men for prostitution is rampant. Mballow said that on March 7th, a police
patrol in areas like Serrekunda, Westfield Junction, Kairaba Avenue and City Pub
in Dippa Kunda led to the arrest of the accused persons. He added that they
were cautioned and charged at the Kairaba and Serrekunda Police Stations.
Handing down the verdict, Magistrate Jammeh said the law demands the maximum
penalty of three months, for first offenders, and for second offenders, it
is one year in jail. The Magistrate, in considering the circumstances that the
accused persons were in, gave all the eighteen who pleaded guilty a
mandatory term of seven days in jail. He also said that the period will be a time of
reflection on their lifestyles. He however released two among the twelve who
pleaded not guilty. One of them was pregnant and the other was breastfeeding.
The remaining ten were remanded in custody and should appear before the
court today, Monday.
Simultaneously, twenty-four others were also sentenced to seven days in jail
by Magistrate Mbackeh. He said prostitution is on the increase and the
United Nations has expressed concerns over pornography, adding that such indecent
acts should not be allowed in any civilized country. He said he decided to
exercise some degree of mercy on the convicts considering their family
responsibilities.
Magistrate Mbackeh also remanded in custody one of the accused who pleaded
not guilty. She is expected to appear in court today.
NATIONAL ASSEMBLY ON PETROLEUM EXPLORATION AMENDMENT BILL
By Isatou Bittaye
The National Assembly on Wednesday 7th March, 2007 passed a bill entitled “
Petroleum Exploration, Development and Production Amendment Bill 2007.”
The motion was raised by the Secretary of State for Justice Kebba Sanyang.
Mr. Sanyang indicated that a nation in prosperity is greatly enhanced by the
discovery and exploitation of the economically valuable mineral resources,
including petroleum. He added that the National Assembly is aware of the
discovery of the major petroleum prospect of The Gambia. Mr. Sanyang noted that
following this discovery the Petroleum Exploration Development and Production Act
2004 was enacted by the National .Assembly and the government therefore
embarked on promoting the petroleum exploration of The Gambia. Mr. Sanyang
indicated that the efforts had resulted in the signing of two petroleum exploration
development licenses, namely, A1 and A4. He added that the underlying
principle is to make sure that petroleum exploration provide maximum benefit for
The Gambia and to avoid all the obstacles that others encountered during the
negotiation with the international companies.
Mr. Sanyang highlighted that certain clauses of the Petroleum Exploration
Development and Production Act 2004 need amendments to make the Act robust,
competitive and better able to subscribe to the interest of the nation. Mr.
Sanyang further added that petroleum exploration has many uncertainties;
therefore, it is necessary to amend it. He indicated that the Bill would build
confidence and that would serve as an important element for attracting capital for
the sector.
Mr. Sanyang indicated that the government, in collaboration with the Gambia
Revenue Authority, Department of State for Justice and other stakeholders
have critically looked at the Petroleum Act 2004 to recommend for the necessary
amendments.
He indicated that according to the new Bill, the following sections of the
petroleum Act 2004 are to be amended.
Section 29 subsection (3) reads “Any license issued on this act shall only
be governed by previous Acts”, the proposed amendment is to conform to
international industrial practice of minimising unnecessary legislative difficulties
to investors.
Section 30 provides for a possible extension of license period. The proposed
amendment is to give the Secretary of State responsible for petroleum
matters the mandate to extend the period indicated in a licence to not more than
ten years. Mr. Sanyang highlighted that this section gives a valedictory period
of 30 years with no room for renewal or extension of license.
Section (43), this Act provides that licenses shall use goods and services
produced in The Gambia while the goods and services are competitive and
concurrent with international standard. The modern provision provides that goods
and services be used when they are available at prices not more than 10% higher
than those offered by international suppliers.
Section (46) of the amendment aimed to provide parties with an option to
agree on terms of petroleum products to be sold to the government in case of
emergency and also ensure consistency between the parties.
Section (46) the original Act (2004) provided that only in circumstances
such as war or state of emergency, the license may be required to sell to the
government and section 19.2 modern petroleum license provide for a discount of
0.05 dollars per barrel.
Section (57) aimed to remove the custodial sentences imposed upon offenders
and to limit the amount of fine. The proposed amendment is to conform to
international industrial petroleum practice and legislation and to build greater
confidence in all investors by not subjecting defaulters to higher fines or
jail terms. Mr. Sanyang went on to say that the proposed amendments are to
build a solid framework for the petroleum sector through the creation of
international competitive legislation and regulatory framework.
He highlighted that the main objectives of the amendment are to
1) continue to provide an enabling environment through a suitable
and competitive legislative framework and promote local investors of petroleum
products and resources in The Gambia;
2) provide higher advantageous incentives in The Gambia present in
the modern petroleum licenses but which are absent in the petroleum Act 2004
and;
3) provide greater investment and build greater confidence in the
companies to invest in petroleum exploration, development and production in The
Gambia.
The motion was seconded by the Majority Leader and member for Serrekunda
East, Fabakary Tombong Jatta.
Hon. Tombong Jatta indicated that the Bill is a non-controversial one
because the SOS has the reasons for the need to amend the Bill. He gave a brief
explanation of the Bill.
To be continued
HALIFA ADDRESSES PAN-AFRICAN STUDENTS
By Fabakary B. Ceesay
The Pan-African Students Association of Nusrat Senior Secondary School has
on Friday 9th March, 2007 organised a symposium on Pan-Africanism at the
school grounds. The symposium was in connection with the commemoration of the 50th
Independent anniversary of Ghana, the first in colonized Africa.
Mr. Sallah told the students that a human being must first know oneself to
take charge of ones destiny; otherwise one becomes a victim of blind destiny.
He noted that the African people must accept that they are either human
beings or beasts. Sallah said that if one believes that he or she is a beast one
should go and live in the forest with the animals and live in poverty up to
death and will not know liberty, dignity and prosperity, but that if we accept
that we are human beings, we must accept the challenge of development, we
must develop our capacity to be able to build a better society. Mr. Sallah
lamented that Africa with over 832 million inhabitants is responsible for one
percent of world investment, 1 percent of world GDP and two percent of world
trade. He added that 40% of Africans live on less than 1 dollar a day, child
mortality and maternal mortality rates are high. He said that infant and maternal
mortality is rampant and 80% of the population, who live in the rural areas,
rely mainly on crude tools or food aid.
“With an Africa where 30% of world mineral reserves are found; 40% of the
world’s gold and 60% of the world’s cobalt, combined with other minerals and
natural resources, one must ask the question why are our people living in
poverty today” Halifa asked.
He added that 59 to 69% of our population live in abject poverty in The
Gambia, where children still walk in the country side without shoes, with
tattered clothes and where people still live in huts, eat one meal a day ,without
adequate protein to nourish our minds to build up our intelligence. “We still
believe that we are an economic super power when we cannot produce our own
food and manufacture our basic necessities. We import everything that we need
and cannot guarantee the future of our generation with food security,
employment, liberty and prosperity. We must realise that development is about people’s
liberty and prosperity,” he remarked.
Going further, Halifa Sallah noted that Kwame Nkrumah had realised that
without the unity of Africa, the continent will be doomed and that was why he
started to devote his life to the liberation and prosperity of the African
people and continent. He asserted that Nkrumah wanted to create a united Africa so
that their resources can be combined to harvest the capital to create an
investment bank to promote production from our raw materials and to the level
where we manufacture or build our machines. He said that Nkrumah had started
with big projects to guarantee electricity, iron ore industry to build machines
and nuclear energy to advance to the highest level of industrial production.
“Nkrumah wanted Ghana to pioneer Africa’s industrialization, but between
1956 and 2001, there were 186 coup d’etats. Africa became unstable, her people
never realised who they were,” he said. Halifa adviced students not to
promote tribalism and narrow nationalism but should embrace the higher ideals of
African nationalism, Pan-Africanism and humanity
UNCERTIFICATED TEACHERS COMPLAIN OF “STARVATION” WAGES AND LACK OF
INCENTIVES
By Abdoulie Dibba
A number of Uncertificated Teachers, called Unqualified Teachers, who spoke
to Foroyaa complained about the hardship they encounter due to their low pay
and the high cost of living.
According to the teachers who spoke to this reporter, they are paid a salary
of D500 a month without the transport or house rent allowance that are paid
to the certificated teachers. They described this as starvation wages and
that to add insult to injury, they are not entitled to August and September
salaries, they complained. The teachers told this reporter that even though they
want to help in the education of Gambian children, they equally need to
survive. When this reporter contacted the Department of State for Education, an
insider in the Department confirmed the story. The source said that this move
is taken to discourage uncertificated from staying in this category for too
long and to compel them to go to the college and be certificated.
Foroyaa will get in touch with the college administration to enquire about
the procedure of enrolment and the intake capacity.
FOCUS ON POLITICS
WERE THE PEOPLE’S EXPECTATIONS MET?
The Gambian people, by 1970, had very high expectations. One can also safely
say that because of the type of propaganda waged by the P.P.P at the time,
many also had misplaced expectations. For example, some people were informed
that once the P.P.P wins the election in 1962, the Mandinkas should cross over
from the Niumis to take over the storey buildings of the Akus and Wollofs in
Banjul. That was amusing indeed as it was thought to be true.
This is to show how extreme people had been misinformed about the nature and
reality of independence. Just like Pa Sanjally said, the impression was that
since the Wollofs and Akus had enjoyed with the “Tubabs”, It was also the
time for the Mandinkas to enjoy since they were told to have formed the
majority in the country, at that time. This miseducation, which persists up to
today, had done irreparable damage to the political and social fabric of the
Gambian society.
The history of tribalism according to researchers is not new to Africa.
There is an under spread assumption that it is an indelible remnant of
traditional, pre-colonial Africa, reflecting ancient, atavistic enmities.
So what we think of as tribalism is a relatively modern phenomenon that
evolved in response to outside interventions rather that inspite of them.
According to researchers, “Tribalism” became a dominant mode of political
life in Africa in the major slaving years, in the eighteen century or even
earlier when the existing states either failed to defend citizens from violence
and enslavement or collaborated with the slave traders.
So as you can see, colonialism in building cities where different tribes
converged and in the case of Banjul, where some tribes happened to be Christian
and educated and others not educated had a new social phenomenon, hitherto
unknown, ie,”classes”. People who were a bit well off began to look down upon
others who they considered poor, illiterate and provincial. This was the main
reason why animosities abound, leading to the formation of parties to
struggle to gain power.
So naturally, the issue of tribe instead of Nation was the first to arose in
the national agenda.
Had Jawara and his government addressed this issue adequately?
From records, it appeared at first that Jawara was confronted with two
things such as.
1. The pioneers of the P.P.P must be satisfied that they had done
the arduous task to make him president and therefore should not be left out in
terms of whatever benefits independence might have brought.
2. To be seen to be decent and democratic, other ethnic groups must
also see that they were not left out, since they too are citizens of the
nation.
So how did Jawara try to solve this political problem? In the beginning, he
tried to do what Foroyaa calls his balancing act. The cabinet positions were
as follows; Mr. Sheriff S. Sisay was appointed minister of Finance, Mr.
Sheriff. M. Dibba was appointed minister of local Government and Lands, Mr. Musa
Darboe was appointed minister of Agriculture and Natural resources; Mr. J. L.
B. Daffeh was minister of Health. As you can see, initially all the four
cabinet ministers including himself were not only considered mandinka but also
had originated from the protectorate, as well as held the key ministries.
By 1970, Jawara must have tried to show that he was a national leader and
that entailed two things, i.e., not to be seen as a tribalist and not to be
seen to be favouring protectorate people only. The criticism was loud and clear.
So as he started his balancing act, He appointed Mr. Sheriff Mustapha Dibba
as vice president and minister of Finance, Mr. Assan Musa Camara who cross
carpeted from the United Party to the P.P.P as a member of parliament to the
position of minister of External Affairs; Mr. Yaya Ceesay was minister for
Local Government and Lands; Mr. Kalilu Singhateh as minister for Works, Mr.
Ibrahima Garba Jahumpa, who left his party the Muslim congress for the P.P.P, was
appointed as minister of Health; Mr. H.O. Semega Janneh, who was also a
former U.P member of parliament, was minister of Agriculture; Mr. M .L. Saho,
also former member of the Muslim Congress, became Attorney General; Mr. A. B.
Njie, Former Muslim Congress member, was minister of state and information.
By 1972. Mr. Alieu S. Jack and Mr. M.C. Cham had been included in the
cabinet.
As you can observe, Jawara’s balancing act had fell against both the
Mandinka and the provincial people. He had five ministers who could be classified as
provincial and only three who could be classified as Mandinka, as well as
original P.P.P.
Naturally, knowing the rationale and attitude of the people at that time,
one could expect a backlash not only from the elites, but the rank and file of
the P.P.P. It was seen that cross carpenters and colony people who were
considered new comers had usurped not only most of the positions but the best
positions as well. This failure of “the balancing act” had created some
resentment and, to some extent, rebels. Mr. Sheriff Sisay, who had been one of the
first educated provincial elites to answer to Pa Sanjally’s call, found himself
completely excluded not only from the positions considered as significant
but also excluded from the cabinet so he had to resort to rebellious measures
such as forming his own party the P.P.A. He also went on to explain to the
people that Jawara had now neglected them. His party The P.P.A was, however,
short lived, because of the fact that he was seen not only as a disgruntled
person but also seen to be only interested in position.
So the infighting within the P.P.P has surfaced which left a noticeable dent
on the organization. People like the then vice president and minister of
Finance who had replaced Mr. Sisay at the time plus many others campaigned
vigorously against Mr. Sisay through out the country portraying him as bad hearted
and mischievous; that whoever could not pull with Jawara was as black as
charcoal is in milk. The P.P.P elders later mediated between Mr. Sisay and
Jawara and Sisay was said to have returned to the P.P.P.
As it can be seen, most, if not all the MPs in the United Party
cross-carpeted to the PPP in search of what was popularly known as greener pastures. And
Jawara knowing that most of the politicians have no ideological difference
with the PPP and also having the desire to share what was also publicly
accepted as the national cake, decided to lure as many of them as possible, so as to
have an extreme edge above the UP. The UP suffered terribly.
He did not stop at that. Jawara also got rid of most if not all the chiefs
who refused to support him in the 1959 and 1962 elections. The then minister
of Local Government and Lands, Mr. S.M. Dibba went on a tour where he handed
dismissal letters to these chiefs which included the then influential Illiasa
Chief Mama Tamba Jammeh. Up to today, many people blame S.M Dibba and not
Jawara for the sackings.
See next issue for more details on the politics of the 1970s and 80s within
the P.P.P.
ALLEGED FIRE-ARMS DEALERS TRIAL ADJOURNED
By Bubacarr K. Sowe
The ongoing trial of five Senegalese nationals suspected of fire arm dealing
could not proceed on Thursday before Magistrate Pa Harry Jammeh of the
Kanifing Magistrates’ Court.
Defence Counsel, Antouman Gaye applied for an adjournment of the case,
noting that the court needed to advise itself whether it has jurisdiction over
materials related to the case. Mr. Gaye also said if the court decided to
proceed with the matter, he would want the witnesses to be called to court and be
re-examined.
Merley Wood, the prosecutor did not object to Mr. Gaye’s submission that
witnesses be re-examined. She however objected to Gaye’s first application,
saying that the accused persons were caught in the territorial waters of the
Gambia and the court has jurisdiction on the matter.
The accused persons, Ngum, Pap Drammeh, Saidou Cham, Yusu Jobe and Alieu
Cham were charged with possession and importation of fire-arms into the Gambia.
NATIONAL ASSEMLBY SELECTS ECOWAS AND OTHER REPRESENTATIVES
By Bubacarr K. Sowe
Members of the National Assembly have, last week, selected their
representatives to the ECOWAS and Pan-African Parliaments. Representatives were also
selected for the ACP-EU joint parliamentary association, the Inter Parliamentary
Union and the World Bank network.
Selected members to the Pan-African Parliament are Fabakary T. Jatta,
Bintanding Jarju, Mamma Kandeh Abdoulie K. Jawla and Sidia Jatta. Members in the
ECOWAS Parliament are Sulayman Joof as leader, Abdoulie Suku Singhateh, Momodou
Sellu Bah, Haddy Nyang Jagne and Momodou I.K Sanneh. Representatives in the
ACP-EU joint Parliamentary Association are Netty Baldeh as Permanent
representative, Borry I.S.B Kolley, Oley Sey, Adama Cham and Lamin Ceesay.
The World Bank network members are Fatoumatta Jahumpa-Ceesay, Paul L. Mendy
and Sidia S. Jatta. Representative for the Inter Parliamentary Union were
also selected. They are Fatoumatta Jahumpa-Ceesay, Kalifa Jammeh, Pa Jallow,
Tina Faal and Sheriff Abba Sanyang. Members for the National Assembly Authority
who were also selected are Fatoumatta Jahumpa Ceesay as Chairperson, Fabakary
T. Jatta, Momodou I.K Sanneh, Netty Baldeh and Paul L. Mendy. Committee of
Selection members are Fatoumatta Jahumpa Ceesay as Chairperson, Fabakary T.
Jatta, Momodou I.K. Sanneh, Abdoulie Suku Singhateh, Netty Baldeh, Momodou Sellu
Bah and Sidia S. Jatta.
NEA WEBSITE LAUNCHED
By Amie Sanneh
The National Environment Agency (NEA) on Thursday 8th March 2007 launched
its website; (www.nea.gm) at a ceremony held at the Atlantic Hotel in Banjul.
In his launching statement, the Secretary of State for Forestry and the
Environment, Edward Singhateh said this website will help to infuse an
environment friendly culture in the population including the children who will become
the future decision makers. He noted that sustainable development can only
take place when it is environment friendly.
The basic function of this information technology tool he said is a source
of information to the public and another channel for information dissemination.
For his part the Executive Director of NEA Momodou Sarr in his welcoming
remarks said the website will immensely contribute towards making the NEA more
efficient in delivering its service to the public; “because all the
environmental information of interest to the public will be posted on this website,” he
said. He noted that the website will help potential international partners
to locate them whenever they intend to initiate new environmental programmes
in the country. Mr. Sarr urged the future users of their site to give them a
critical assessment for them to keep improving on a regular basis.
He said the NEA will be offering their entire national partners free
dissemination of their environmentally related activities on their website.
The Executive Director has also said that street offence such as throwing
dirty water, dumping and urinating in the streets will be enacted soon. He said
that everything with regard to the enactment of these offences is finalized
and will be regulated soon. He added that once it is made an offence, the
fine will be increased from D1,000 to D5, 000.
Commenting on the aftermath of “set setal” where refuse are left without
being collected, he said people tend to misunderstand their role. On the
collection of refuse, he said it is not their role but that of the municipalities
to ensure that all refuse are collected after every “set setal.”
He noted that what they normally do is that at the end of every month, they
the NEA use their own funds to buy fuel for them.
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