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From:
edi sossoeh <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Sun, 10 Aug 2003 19:52:42 +0000
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I am compelled to ask this question for various reasons.  The Coalition of
human right lawyers are sitting idlying without challenging the infamous
media Commission Act in the courts.  Even though, they were asked by the
Gambia Press Union  to pursue the matter, according to sources  the lawyers
are not keen  to pursue the case.  They have obtained all the  relevant
information regarding the case from parties pursuing the matter, but may be
due to monetary reasons they  are not active in defending freedom and
democracy. These lawyers are said to be demanding about $13,000 dollars from
poor journalists, inorder to pursue the case.  They earlier said,  they will
extend their help to the press union, but this is never the case now.
Perhaps  the money is not forthcoming and they decided to adopt wait and see
attitude.

These lawyers stand to be accused of not being committed to their
profession, since they are relutant to defend freedom, which is one of their
mandates as human right lawyers.  Free press is very  essential in any true
democracy.   And as things stand now, the independent media in the Gambia,
is under attack.  We all know that the Media commission, is purposely
designed to end press freedom in the Gambia.  The Bar Association, which the
coalition is a member took the right decision, when it boycotted its seat at
the commission.  This was welcomed by all and sundry.  This is what we
expected from  true human right defenders.  You don't wait to be told to do
your job.  When freedom is threatened, you should act without delay.  May be
for one reason or the other, you decided not to  fight this important case
in the courts.

You should emulate your colleagues in other  sister countries, who devoted
all their time,  energy and resources in defending poor litigants.  You
should provide free legal services to poor litigants who are often send to
jail in some instances for lack of proper legal representation.  We don't
expect you  to defend every one going to court, but there are certain human
right cases which  your services are needed.  Your work as human right
activists is all about scarifice.  The issue of money should be a secondary
matter.  Some of your colleagues in the sub-region were sent to jail, due to
their human right work.  They devoted all their time in defending freedom
and democracy.  Therefore, if you want to win the respesct of Gambians, you
must adopt a new approach to your work.  I am sorry to say that  you have
not been living up to  the people's expectations.  Its time to help the poor
and the needy.  Be reminded that history is here to judge all of us.  We
must be sincere to our work and forget about the issue of money.   Without
freedom, your aspiration to get wealthy will not be realised.

When the Jammeh administration fired justice Hassan Jallow, the Bar
boycotted the courts in protest.  They accused the regime of interfering
with the judiciary.  Again, their action was hailed both locally and
internationally.  Without an  independent judiciary, the citizen's rights
could be in jeapordy.   So the Bar's protest  was indeed necessary.  Your
protest action was considered as healthy for the country's fragile
democracy.   That for the first time in history,  you are bold enough to
launch a nationwide protest, defending judicial independence.

Now the independent press is in trouble, the coalition of human right
lawyers are still folding their hands.  Are you really committed to your
work?  I doubt it very much.  There is no human right case today in the
Gambia, which is more serious than the media Commission.  We all know that
this piece of legislation is not enhancing the growth of the independent
media.  It will surely kill the private press.  Do you want to be classified
as a party aiding and abating this draconian law?  Your slow intervention
send negative singnals on your credibility.  You are expected to defend
freedom, no matter what it will take.

We are told that Hawa Sisay Sabally a former Attorney General had decided to
provide free services to the press Uninion.  She abandoned all her office
work and devoted her time in this high profile case.  I don't intend to
bring any division in the Bar, but i must say that Hawa is a true human
right activist.  She doesn't place money ahead of her profession.  She is
committed to defend freedom and Gambia.  This is what we expect from human
right lawyers.  I must repeat, the issue of money should be a secondary
matter.  If we have Hawa's types in the coalition am sure many poor
litigants will enjoy the fruits of freedom and justice.  I know she is a
member of the coalition of human right defenders.  But why is she pursuing
the case alone?  I think you should help us with answers.

  Other sources went on to say that the coalition demanded $15,000 dollars
as a part payment to this controversial and important case.  But Hawa said
she is intrested in defending her country.   She set aside the issue of
money and decided to take over this controversial and important case.  This
woman is a role model.  She will be remembered by history.  She is the first
lawyer to challenge the indemnity Act, which bared members of the security
forces linked to the deaths of the student unrest of April 10 and 11 from
prosecution.   She want the country to operate within the confines of the
constitution and democracy.  If you are a coward, don't take up human right
work.  It is not about money, but total scarifice.


The coalition should put its house inorder.  Defending the media, means
defending freedom and justice.  You cannot have a just society and
government without a sound and vibrant press.

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