G-L Community:
Happy New Year to the entire community, wishing you a healthy and
prosperous New Year.

I have just completed a position, proposal paper to President Jammeh,
Leaders of opposition parties, Leaders of religious and civic
organizations on the earlier theme we discussed and debated earlier in
November, "It is Time to Heal."  I have included proposals for a
National Conference and a Truth and Reconciliation Commission to
facilitate the healing/reconciliation process.  See attachment/or text
below.  Thanks!

Abdoulaye Saine
No justice, no peace!

It Is Time to Heal: Toward Truth Telling, National Reconciliation and
Justice in the Gambia




(A Position Paper written on Behalf of GAMBIA-L, An International
Cyberspace Community of Gambians and those interested in The Gambia)







Submitted to:
His Excellency, Alhaji Yahya Jammeh, President of the Republic of the
Gambia

 Leaders of Political Parties
 Leaders of Religious and Civic Organizations
The Secretary-General of the Gambia Bar Association
The Secretary- General of the Gambia Press Association
The Secretary-General of the Gambia Trades Union
The Secretary-General of the Gambia Students Association
The Secretary-General of the Gambia Teachers Union
The Director of the Center for Democracy and Human Rights Studies










Abdoulaye Saine
Department of Political Science
Miami University
Oxford, OH 45056





It is Time to Heal: Toward Truth Telling, National Reconciliation and
Justice in the Gambia

(A Position Paper written on Behalf of GAMBIA-L, An International
Cyberspace Community of Gambians and those interested in The Gambia)





Confession, forgiveness, and reconciliation in the lives of nations are
not just airy-fairy religious and spiritual things, nebulous and
unrealistic.  They are the stuff of practical politics.  Archbishop
Desmond Tutu, Chairperson of the South African Truth and Reconciliation
Commission.

The future belongs to those who chose to grasp it, embrace it, and
become one with change.  Excellence born of necessity dictates that our
quests must be both moral and righteous.  All covetousness,
excessiveness, pettiness and obsessions must now be set aside, we be
broken by the quakes and consumed by the thunder that is to come.
Rodney Coates, Professor, Sociology, Gerontology, Anthropology and
Director of the Black World Studies Program, Miami University.



   Despite the transition to "civilian" rule in 1996, the aftermath of
military rule in The Gambia (1994-1996) continues to have a traumatizing
effect on the lives of many Gambians.  And while the 1996/1997
Presidential and National Assembly elections effectively reduced the
more overtly repressive attributes of military rule, and set in motion a
process of limited "democratization", repression and military
involvement in The Gambia's political process remains strong.  Continued
human rights abuses by the ruling Patriotic Re-orientation and
Construction Party (APRC), coupled with declining transparency and
accountability in matters of governance, recent revelations of official
corruption, not withstanding, are dark reminders of the period of
military rule.  This post military rule era has, however, witnessed
simultaneously, limited growth in freedoms for "legal" opposition
parties and their leaders to sometimes criticize government policy and
hold political rallies.  Yet, in spite of this welcome "democratic"
opening, the national press remains muzzled by undemocratic military
decrees from the era of overt military rule.  With a doctored
constitution whose legitimacy remains contested, and the existing ban on
the major political parties and politicians, The Gambia's political
landscape has descended precariously into another form of structured
authoritarianism.  In the latter, the rules of the game remain poorly
defined, characterized by intrigue and political subterfuge of bizarre
proportions.  It is also a system where feelings of trust, tolerance and
reconciliation, despite president Jammeh's call for the latter after the
1996 elections, are persistently undermined and secondary to the pursuit
of power, survival and self-aggrandizement.
    Clearly, such a political atmosphere does not lend itself to mass
political participation and democracy, both of which are fundamental
rights that all Gambians are entitled.  For democracy and democratic
procedures to take root in The Gambia, citizens must have the trust that
those in power play by the rules enshrined in the constitution, despite
its inherent weaknesses and work to reform it.  Barring this, those in
power are likely to perpetuate themselves through election engineering,
as was the case in the 1996 presidential election.  This must not be
allowed to happen again in the forthcoming presidential election of
2001.  Gambians must maintain the right to choose in free and fair
elections the government of the day in order to avert a political
crisis.  This impending crisis stemming from The Gambia's current
political stalemate must be resolved politically.  It is important that
the APRC leadership, together with leaders of opposition parties,
women's and religious organizations, trade union and student activists
and elders, begin a dialogue whose aim would be to initiate the process
of truth telling, national reconciliation and justice in The Gambia.
This is because, success in building a genuine participatory democracy,
based on the rule of law, will depend upon a broad range of factors.
These include participation of The Gambia's collective leadership, an
active civil society, a reasonably free mass media and the existence of
a supportive international political and economic environment.
   The primary objective of this position paper is to suggest ways of
unhinging the national political debate from its current impasse, by
recommending strategies that would initiate a national dialogue whose
fundamental aims are truth telling, national healing, reconciliation and
justice.  The proposals presented in this position paper are the
culmination of long and sometimes heated debate in November, 1999, on
GAMBIA-L (G-L), a cyberspace community of Gambians and persons
interested in The Gambia throughout the world.  Created by Dr. Katim
Touray in 1996 and hosted by St. John's University in the United States
of America, G-L is a forum where issues of relevance to The Gambia and
Africa are discussed openly.  With a membership numbering a little over
six hundred, G-L is a free, non-partisan forum, which aims to foster
understanding through critical debate and analysis of challenges facing
The Gambia.  While no systematic research has been conducted to
determine the characteristics of its members in terms of age, income,
education etc., it is safe to assume that G-L's membership is very
diverse politically, with a mix of students, professionals, laypersons,
governmental and non-governmental organizations.  It is a microcosm of
The Gambia in its ethnic, religious age and gender configuration,
harboring all the positive and contradictory attributes of Gambia
society.  Also called the Bantaba, it is a strong vehicle of free
expression.  What unites its members as a community is a vision and
commitment to making The Gambia a country where Gambians and other
nationalities can pursue a livelihood in freedom and dignity.   While
the views expressed in support of this initiative on G-L were not
unanimous, it seems that the overwhelming sentiment is to help resolve
the current political stalemate and in so doing, assist in the building
of a truly democratic society in The Gambia.  The anticipated benefits
of such a dialogue are likely to be many, but one overarching potential
consequence and one that enjoys broad consensus, is that of helping to
improve the lives of Gambians through economic empowerment and
democracy.
   Empirical studies examining the link between economics and democracy
gained much popularity in the 1950s.  And with the advent of
globalization, interest in this debate has once more resurfaced in the
1990s.  Virtually without exception, these studies have shown that
democracy works best when people enjoy at least a minimal level of
prosperity.  Thus, the link between prosperity and democracy rests on
the twin assumptions that: (1) prosperity legitimizes democracy and
gives citizens a stake in the system.  Additionally, it alleviates
despair; and (2) prosperity enhances political awareness, conditions
usually associated with feelings of trust, tolerance and other factors
important to democracy.  More important, is that the link between
economic empowerment and democracy is premised on the presumption that
an equitable distribution of society's wealth is a primary obligation of
government.  Unfortunately, post-independence government policy in The
Gambia has created new and reinforced pre-existing social and economic
inequalities.
   A lot has been written and said by researchers and journalists alike
about the Jawara and Jammeh regimes.  In fact, comparisons have been
made as to their efficacy or lack thereof in upholding democracy and
human rights.  A detailed performance evaluation of these regimes is
beyond the scope of this paper.  Furthermore, this has been undertaken
elsewhere.  It would suffice to say, however, that after almost thirty
years of Peoples Progressive Party (PPP) rule under Jawara, only
marginal improvements in the lives of Gambians were registered.  Under
Jammeh, initial declarations not withstanding, the state of human rights
and economic well being of most Gambians has deteriorated.  Although,
some infra-structural projects that could have long-term benefits,  were
undertaken by the Armed Forces Provisional Ruling Council (AFPRC) and
APRC governments. The investigations of alleged corruption and abuse of
power under Jawara by the Armed Forces Provisional Ruling Council,
revealed instances of official graft at multiple levels of government.
The Nigerian oil scandal, corruption at Gambia's Co-operative Union, the
Women's Bureau and ghost workers whose salaries were to some top
government officials were emblematic of deep rooted corruption under
Jawara's leadership.  Thus, an important plank in building democracy in
The Gambia involves truth telling and the acknowledgement of
wrongdoing.  These are necessary steps to national healing,
reconciliation and justice.  Otherwise, efforts of national healing and
reconciliation would be of little consequence.
   Since its seizure of power in 1994, a dark cloud of suspicion has
loomed over the AFPRC and continues to affect public perceptions of the
current APRC government.  In particular, the sudden and mysterious death
of former minister of the Interior Sadibu Haidara while in prison in
June 1995 and the death of AFPRC's Finance minister, Ousman "Korro"
Ceesay, which occurred 19 days later in a burnt-out car, continues to
fuel strong suspicion of culpability of some military members of the
former AFPRC government.  In fact, recent allegations by Ex-captain Ebou
Jallow, a former spokesman of the AFPRC and now in exile in the United
States of America, indicated an insidiously calculated murder by some
military members of the AFPRC.  Jallow's allegations must, however, be
taken with caution, as he, the current president, Yahya Jammeh, and some
military members of the AFPRC are heavily implicated in a $35m
embezzlement of a Taiwanese loan to The Gambia.   Less talked about
however, are the lives lost as a result of an alleged counter coup
attempt against the AFPRC on November 11, 1994, that led to the death of
about 40 soldiers and the alleged summary execution of many more.  These
deaths in particular, and the manner in which they occurred have left an
indelible scar on The Gambia's post-colonial history and on the
collective memory of Gambians.  Broken promises of government
investigation to families of the deceased, recently prompted retired
headmaster, Sainey Ceesay, "Korros" father, to urge government
resumption of the investigations in goodfaith.  The pleas by Cessay and
others are indicative of national frustration and a plea for justice for
all the families who lost their loved ones.  These instances of gross
human rights violations, including the disappearance of Waa Lamin
Juwara, a leading member of the United Democratic Party (UDP) and
instances of brutality against ordinary citizens must be investigated
systematically and acknowledged.  It is in this regard, that Truth and
Reconciliation Commissions play a critical role in a country like The
Gambia struggling to come to terms with a period in her history of gross
human rights violations.


What Is a Truth and Reconciliation Commission?

Truth commissions as they are called generically, are bodies set up to
investigate a past history of violations of human rights in a country.
These could include violations by the military or civilian governments
as was in Uganda for instance, under Idi Amin and Milton Obote in 1974
and 1986 respectively.  In Africa, South Africa's Truth and
Reconciliation Commission after the 1994 elections and headed by
Archbishop Desmond Tutu, is perhaps most widely know and recognized for
its work.  Yet, in 1992 and 1993 the African National Congress (ANC) set
up internal truth commissions to investigate alleged internal human
rights abuses of detainees at their camps in Zambia and other Frontline
States.  Similarly, truth commissions were also established in Zimbabwe
(1985), Chad (1991), Rwanda (1993) and Ethiopia (1993) to name a few in
Africa.  In South America, truth commissions were set up in Bolivia
(1982-1984), Argentina (1983-1984) and in Chile (1990-1991) in
particular, to investigate human rights atrocities.  Closer to home, in
Chad a Commission of Inquiry on the Crimes and Misappropriations
Committed by Ex-President Habre, his Accomplices and /or Accessories in
1991-1992 was also established.  Truth commissions are typically set up
by the executive branch of government and sometimes by the legislative
branch.  Alternatively, truth commissions can be set up by the United
Nations (UN) as in Rwanda or by domestic non-governmental organizations
(NGOs) whose impartiality is beyond reproach.
   In the end, they are set up to facilitate truth telling, national
healing, reconciliation and justice.  And depending on its mandate truth
commissions are sometimes limited to issues of investigation, data
analysis and not in prosecution or amnesty.  South Africa's truth and
reconciliation commission under Tutu, however, was empowered to both
prosecute and grant amnesty to those who failed to acknowledge or
admitted to the commission of political crimes under apartheid.
Ultimately, then, the defined mission and mandate of a truth commission,
whatever its characteristics, is a political decision hatched by the
political actors in a country and reflective of the political realities
in that country.
   In many instances truth commissions tend to confirm what to many is
common knowledge.  Thus, what they often do in earnest is to help the
process of acknowledgement.  Acknowledgement of the truth implies that
the state and its agents own up to the crimes and human rights
violations committed in its name.  Indeed, it is this official
acknowledgement that initiates the national healing and reconciliation
process. And depending on the mandate of the commission, compensation
for victims or their families are disbursed.  In other instances an
apology is all that is mandated or both.
   In setting up a truth commission it is important that it be perceived
as neutral by the public and hence less susceptible to executive and /or
legislative manipulation and directives.  Often commissioners are
citizens of good moral standing who reflect the social, economic,
religious, gender and sometimes regional composition of a country. And
all are distinguished by their years of committed service to a country.
It is also not unusual to have within these commissions reputable legal
scholars and practitioners whose sole objective is to unearth the truth.
   A compelling concern, however, is whether truth commissions help
promote healing and reconciliation or whether as some would argue,
deepen resentment by digging up old issues.  Others still argue that
national healing and reconciliation could occur in the absence of a
truth commission and that those implicated in human rights abuses are
likely to oppose its creation.  Similarly, support is likely to be
strong among those marred by human right abuse.  When judiciously
conducted, however, truth commissions could empty old wounds of all
infection and begin the healing process.  If Gambians were to establish
a truth and reconciliation commission to investigate violations of human
rights under the AFPRC and APRC governments, its success would depend on
the role played by domestic actors and the support received from the
international community.   In The Gambia's case, the limited
availability of material resources could be a serious impediment to the
creation of a truth commission.  This is because the commission,
commissioners and their support staff must be availed the tools to do an
effective job and be adequately compensated.   It is here that domestic
organizations, both governmental and non-governmental could play a
decisive role and make a contribution to healing, reconciliation and
justice. If a truth commission were to be established in The Gambia, it
would have to be set up by the state or an act of the National Assembly
to ensure transparency.  And nominations to the truth commission would
be invited from all quarters of society.  And once a truth commission is
in place, various issues including, but not limited to these need to be
decided:
(1) Objective(s) of the commission, its duration and periods to be
investigated;
(2) Type of human rights abuses the commission is mandated to
investigate; and
(3)  Time for the submission of the final report to the state and/ or
National Assembly.

   It should be noted that truth commissions are only one avenue,
albeit, an important one toward reconciliation and healing.  Also, for
truth commissions to have a lasting effect, other institutional reforms
in the judiciary, military and the constitution to reduce the likelihood
of future abuse must accompany them.  Truth telling, national healing,
reconciliation and justice must also be extended to the economic domain
to investigate firms and/or persons that may have benefited illegally by
their association with the regime or government officials.   Conversely,
individuals and firms that have been adversely and negatively impacted
economically by capricious government policy action(s) must be
compensated for their loss.  The Commonwealth Ministerial Action Group
(CMAG) contends that the closure by the Jammeh government of Citizen FM
Radio in February 1998, the sacking of two leading journalists, Demba
Jawo and Theophilus George and the purchase of the Daily Observer
newspaper by Amadou Samba, a businessman believed to be close to the
APRC, constituted gross violations of human rights.  These contentions
by the CMAG need to be investigated accordingly by a truth commission,
in addition to the causes leading to the deportation of Kenneth Best, a
former proprietor and founder of the Daily Observer newspaper in The
Gambia.
    Commissions of inquiry are not alien to The Gambia's legal and
political culture. Indeed, they have been routinely used at various
times by the Jawara and Jammeh administrations to look into extant
allegations of maleficence.  What distinguishes the latter from truth
commissions, however, is that truth commissions focus on the past and
are generally allowed greater access to information, greater security or
protection to dig into sensitive issues.  Admittedly, and in reality,
the distinction between the two is thin and can become blurred depending
on their mandate and scope.
    Alternatively, a national conference or in conjunction with a truth
commission could be an important vehicle in resolving The Gambia's
current political impasse.  Used more extensively in Francophone Africa,
the national conference involves a broad coalition of leaders from all
sectors of society.  And similar to the truth commission, its members
include elders, religious leaders, women's groups, labor and student
activists and the ruling and opposition political leaders.  Together, a
national gathering is convened at the country's capital to debate and
deliberate the contours of a new democratic political order.  At its
best, the national conference replicates at the national political level
the ubiquitous Bantaba where mostly male participants have the right to
voice an (and less often her) opinion.   And decisions are made only
when agreed upon by every participant.  The use of the principles that
underpin the Bantaba could serve as the basis of an evolving, albeit,
embryonic political system similar to the Kgotla in Botswana.  The
success of this vehicle in Benin, in particular, suggests that it is an
effective instrument in addressing a national political stalemate or
crisis.  More than eighteen years of authoritarian rule under Mathieu
Kerekou were peacefully overcome by a 488-member national conference
that lasted ten days.  While Kerekou was ousted in the process, he
returned a few years later as president under free and fair elections.
If tailored well, the national conference could help establish fair
rules of the game, a level playing field for all parties and politicians
and in so doing, provide a legitimate political governance framework for
The Gambia.
   There is general agreement in the international community that The
Gambia's current political arrangement does not bode well for peace,
stability and development.  This is because Gambians are largely
excluded from participation in the very policies that are intended to
improve their lives.  Furthermore, the political machinery is skewed
disproportionately in favor of Jammeh and the APRC.  Thus, G-L agreed to
the formation of a " Group of 10" to monitor, recommend, commend and if
necessary condemn government action or inaction.  Additionally, it was
agreed that the same scrutiny be made of other political parties and
their leaders, citizens, and residents in The Gambia, whose acts and/or
activities threaten the "national interest" not of the state
necessarily, but of ordinary Gambians.
   What follows is a summary of various proposals and strategies from
members of GAMBIA-L. They are supportive of the call for truth telling,
national healing/reconciliation and justice. The proposals are
reflective of our commitment to positively engage president Jammeh, his
government, the national assembly, political parties, civic groups, and
other organizations in civil society.  We share and support the concerns
and sentiments expressed by the Commonwealth Heads of Government Meeting
(CHOGM) held in Durban South Africa in November 1999 and call upon
President Yahya Jammeh, his government, opposition political party
leaders and members of civic and religious organizations to:

· Convene a national conference to determine The Gambia's future
political framework;
· Establish a truth and reconciliation commission to investigate past
violations of human rights in order to facilitate truth telling,
national healing and reconciliation;
· Unban all political parties and politicians to ensure free and fair
elections in 2001/02 and a government based on the rule of law;
· Review the constitution, introduce a clause for term-limits for all
politicians, including the presidency;
· Obey electoral laws and regulations enacted by the Independent
Electoral Commission so as to ensure a level playing field for all
political parties and their candidates;
· Provide equal access to media outlets such that all political parties
have their platform(s) known to the public;
· Create an atmosphere where fear of retribution is not a constraint to
the free expression of one's beliefs, in print and/or verbally; and
· Train army, police and other security agents of the state to both
defend and promote the human rights of Gambians, other nationalities and
specifically journalists;

   It is our ardent hope that these short-term proposals are acted upon
soon in preparation for the forthcoming presidential and national
assembly elections of 2001/02.
In the long-term, we also call on President Yahya Jammeh or the
government of the day to:
· Create an enabling economic environment such that Gambians and other
nationalities resident in The Gambia can pursue a livelihood in/with
dignity irrespective of ethnicity, gender, age, religion, political
affiliation and social standing; and
· Work toward and vigorously support gender equality and other
activities that empower women and young girls.

We call upon the The Gambia's Development Partners, the United Nations
(UN), the Commonwealth, the Organization of African Unity (OAU), the
Economic Community of West African States (ECOWAS), the United States
Congress, the Black Caucus of the
United States Congress and Amnesty International for their support and
help us to create
 in The Gambia, a truly democratic political framework.


CONCLUSION

   At a time when many countries in Africa are moving away from
authoritarian rule in favor of democratization and democracy, The Gambia
can not remain isolated and insulated for long from this global wave.
And in light of the many social and economic challenges that face
Gambians as a people, it is important that solutions be found to avert
what otherwise could be a bleak and brutal future.  While we can not
predict the future, we can begin to prepare for it.  Also, as we witness
the dawn of a new millennium our call for reform and change becomes more
urgent.  The Gambia, already disadvantaged because of its relatively
small size and undiversified economy, must create a niche for herself in
the global economy so as to attract needed investments from within and
abroad.  We must embrace the future in order to face, what in The
Gambia's case are daunting challenges.   Clearly, while the long-term
proposals recommended herein may take longer to achieve, those of a
short-term nature are more readily achievable by 2001/02.  Together,
these proposals harbor important ingredients for the much-needed tasks
of truth telling, national healing, reconciliation, justice and
democracy.

Sources Consulted

Jamal Benomar, " Confronting the Past: Justice After Transitions,"
Journal of Democracy (January 1993).

Jamal Benomar, Coming to Terms with the Past: How Emerging Democracies
Cope With a History of Human Rights Violations (Carter Center of Emory
University, 1 July 1992).

Richard Carver, "Called to Account: How African Governments Investigate
Human Rights Violations," African Affairs, Vol. 89 (1990).

David Cook and Arnold Hughes, "The Politics of Economic Recovery: The
Gambia's Experience of Structural Adjustment, 1985- 94," Journal of
Commonwealth and Comparative Politics, Vol. 35, No. 1 (March 1997).

John Harbeson and Donald Rothchild (eds.) Africa in World Politics: The
African State System in Flux (Boulder: Westview Press, 2000).

Priscilla Hayner, " Fifteen Truth Commissions-1974 to 1994: A
Comparative Study," Human Rights Quarterly, Vol. 16(1994).

Monte Palmer, Political Development: Dilemmas and Challenges (Itasca,
Illinois: F.E. Peacock, Inc., 1997).

Abdoulaye Saine, " The Coup d'Etat in The Gambia, 1994: The End of the
First Republic,"Armed Forces and Society, Vol. 23, No.1 (1996)

Abdoulaye Saine, "The 1996/1997 Presidential and National Assembly
Elections in The Gambia," Electoral Studies, Vol. 16, No. 4. (1997).

Abdoulaye Saine, "The Military's Managed Transition to "Civilian Rule"
in The Gambia," Journal of Political and Military Sociology, Vol. 26,
No. 2 (Winter 1998).

Abdoulaye Saine, "The Political Economy of Human Rights: State
Sovereignty and International Humanitarian Military Intervention in the
Post Cold War Era," International Politics, Vol. 36, No. 4 (December
1999).

Abdoulaye Saine, "The Soldier-Turn Presidential Candidate: A Comparison
of Flawed "Democratic" Transitions in Ghana and The Gambia," Journal of
Political and Military Sociology (March 2000).

Abdoulaye Saine, "The Military (AFPRC) and Human Rights in The Gambia:
1994-1999," Journal Of Third World Studies, (March 2000).

Abdoulaye Saine, "Gambia's Foreign Policy Since the Coup: 1994-1999,"
Journal of Commonwealth and Comparative Politics, ( July 2000)

Jeremy Sarkin, The Trials and Tribulations of South Africa's Truth and
Reconciliation Commission," South African Journal of Human Rights, Vol.
12 (1996).

Jeremy Sarkin, "Truth and Reconciliation Commission in Rwanda," Human
Rights Quarterly, Vol. 21, No. 3 (1999).

Peter Schraeder, African Politics and Society: A Mosaic in
Transformation (Boston: St. Martin's, 2000).

John Wiseman and Elizabeth Vidler, "The July 1994 Coup d'Etat in The
Gambia," The Roundtable, Vol. 333 (1995).

John Wiseman, Military Rule in The Gambia: An Interim Assessment, "Third
World Quarterly, Vol. 17 (1996).

John Wiseman, "The Gambia from Coup to Elections," Journal of Democracy,
Vol. 8 (1998).




Acknowledgements:
I wish to thank members of the entire GAMBIA-L cyberspace community and
its managers for their invaluable input, suggestions, criticisms and
spirited debate since the subject of national healing and reconciliation
were first raise on November 11, 1999.   The proposals and
recommendations in this paper were generated as a result of these
activities.  I however, take responsibility for any errors.


*  Abdoulaye Saine, Ph.D., teaches African Politics and International
Relations at Miami University.

Address for correspondence: Abdoulaye Saine, Department of Political
Science, 218 Harrisson Hall, Miami University, Oxford, O H 45056, USA.
Phone: (513) 529-2489; Fax: (513) 529-1709;  E-mail: [log in to unmask]