Hi folks,
Finally! The updated "Framework ..." paper. Please let me know if we need to make any changes. Also, do let me know if you want me to add the name of your association or organization to the list of signatories before we start distributing the paper.
And thanks so much to all of you for all your contributions of fact, ideas, and indeed inspiration! The greatest asset that Gambia-L has is the sum total of information and knowledge that our subscribers have, and are willing to share.
A special note to "The Independent" editors: I was going to send you an e-mail in support of your struggles against the Jammeh government and your tireless effort to serve our nation. I've been tied-up with these e-mails, but will hopefully be able to contact you shortly. In the mean time, it gives me great joy to see all the outpouring of support that you are receiving from Gambians the world over. And God, too, is watching.
I'll stop here for this one (laugh).
Katim
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The Gambia: Another african tragedy in the making?
1. Introduction
Recent developments in The Gambia have been a cause for concern. On April 10 and 11, Gambian security forces opened fire on demonstrating students killing 13 (including a journalist), and since then, another 2 students have died of injuries they sustained when they were shot. A recent clash between opposition party and government supporters, arbitrary dismissals of government officials, kidnappings by security officers, and a refusal by the Gambian parliament to investigate a crude oil deal involving the President have many wondering if the country is on a path to becoming yet another African tragedy.
The Gambia is a small, English-speaking country of about 4,000 square miles on the West African coast, and bordered on all sides except the Atlantic, by French-speaking Senegal. The Gambia is very poor, and ranked 163 (out of 174 countries) in the 1999 Human Development Report of the United Nations Development Program (UNDP). The country had an estimated population of 1.2 million in 1997, and a per capita gross national product (GNP) of $350, compared to an average of $522 for Sub-Saharan Africa, and about $29,000 for the US.
The country obtained it's Independence from Britain in 1965, and became a Republic in April, 1970. Sir Dawda Kairaba Jawara, who lead the country to Independence was it's Prime Minister from 1965 to 1970, and it's President from 1970 until his government was overthrown on July 22, 1994 by junior army officers. The resulting government called the Armed Forces Provisional Ruling Council (AFPRC) was dominated by the military, and headed by then Lt. Yahya A. J. J. Jammeh.
While Jawara's rule was characterized by an internationally-renowned respect for human rights, and adherence to a multi-party democratic system of governance, Jammeh's rule has been noted for human rights abuses, killings, misappropriation, and outright incompetence. Against this background, it is not surprising that more and more Gambians and observers are wondering whether President Jammeh is putting the country on a path to destruction, and becoming another African tragedy.
This paper provides a brief overview of the governance, or lack thereof, of The Gambia under Jammeh, alternatives to his government. It is aimed at providing The Gambia's friends and partners a means to enable them help Gambian organizations and concerned citizens who are working to restore the rule of law, democracy, and respect for human rights in The Gambia. Hopefully, these efforts will save The Gambia from the chaos and tragedies that have befallen countries like Sierra Leone, and Liberia.
2. The Gambia Under Jammeh
His Excellency, Dr. Alhaji Col. (Rtd.) Yahya A. J. J. Jammeh came to power in July, 1994 after leading a military coup against the democratically-elected government of Sir Dawda K. Jawara who had been in power for almost 30 years. The then 29-year old, and Lt. Jammeh headed the military-dominated AFPRC government that was formed to replace the Jawara administration. The AFPRC originally intended to remain in power for 4 years before handing over power to a democratically-elected civilian government, but following an outcry from both within The Gambia, and the International community, they agreed to elections leading to a transition to civilian rule.
After the adoption of a revised (and many say flawed) Constitution, Presidential and Parliamentary elections were held in late, 1996. In preparation for the elections, Jammeh and other key AFPRC military officials resigned their military commissions. Jammeh formed a political party, Alliance for Patriotic Reconciliation and Construction (APRC) to field their candidates in the general elections, with Jammeh as their Presidential candidate. The APRC won most of the parliamentary seats contested, and Jammeh also won the Presidential elections. In January, 1997, Jammeh was sworn in as the civilian President, and head of an APRC government with an overwhelming majority of military retirees.
Unfortunately for The Gambia, almost 6 years of Jammeh's rule has brought about untold suffering, death, and deprivation to many Gambians. This is especially sad in light of the fact that many people initially welcomed the AFPRC following the overthrow of the Jawara government. Furthermore, Jammeh proclaimed at the outset that his was going to be a government with a difference; one that was both accountable and transparent. Judging from their record so far, it seems that Jammeh and his officials forgot their promises and pronouncements when they came to power. Both the AFPRC and the APRC governments have not only failed to meet the expectations of many Gambians, they have been noted for incompetence, corruption, human rights abuses, trampling press freedom, and killing Gambians in the name of state security.
2.1. Incompetence
Both the AFPRC, and it's successor, the APRC governments have not only failed to provide competent leadership for the Gambia, but also wreaked havoc on the country's civil service. One example of the incompetence that has been shown by Jammeh has been the exceedingly high turn-over rate of appointments in his cabinet, as well as in other high-level government offices. For example, in the 6 years since he came to power in 1994, what used to be the Ministry of External Affairs has not only had a name change, it has also had 4 Secretaries of State.
Such high turn over rates in the country's high offices not only signal a misuse of highly-trained and experienced human resources, but also a tendency for Jammeh to use these offices as incentives in a self-serving patronage system. Along these lines, President Jammeh has sponsored people to go on a pilgrimage to Mecca, and just last month was distributing tractors he had personally donated to farmers.
The incompetence of the Jammeh government is unfortunately complemented by a blatant disregard for the rule of law, and a threat to the independence of the Judiciary. For example, a Magistrate was recently dismissed for referring the case for granting bail to opposition party supporters accused of killing an APRC supporter. In addition, Judge who the case was referred to and granted bail to the accused opposition party supporters was dismissed. A week or so prior to these dismissals, the Judicial Secretary, (second in command to the Attorney General) was dismissed, allegedly over disagreements with the Attorney General, who wanted to use public funds for unscrupulous purposes.
Besides of the lack of continuity in the country's governance, Jammeh has also failed the aspirations of Gambians in the area of economic development. While there have been strides in building health-care facilities, schools, a new airport complex, and the country's first TV station, the fact remains that the lot of the average Gambian has not faired well under Jammeh. In fact, many indicators of the quality of human life are still miserable, and it is not surprising that the country ranked so low in the UNDP Human Development Report.
2.2. The Killing Fields
It is perhaps in the area of democracy, human Rights, and press freedom that the record of both Jammeh governments have been most dismal. Starting with the AFPRC from July 1994 to Jan. 1997, there have been numerous incidents of gross abuse of human rights, assaults on individuals, and allegations of killings by the government's security forces. For example, an estimated 40 soldiers lost their lives in November, 1994, in circumstances the government called a coup attempt, even though many insist that the victims were framed, and some may indeed have been summarily executed.
Besides the above-mentioned "coup attempt", there have been other incidents that have resulted in the loss of life under suspicious circumstances. For example, in June, 1995 the body of Mr. Ousman "Koro" Ceesay, then the country's Finance Minister was found in his burnt-out car. Despite allegations that Mr. Ceesay was murdered, and that the burning of his car and body was staged, the Jammeh government has yet to conduct a proper investigation of the circumstances surrounding his death.
Besides Mr. Ceesay, others who have lost their lives under suspicious circumstances under Jammeh's rule include the head of his own security detail. In November, 1995, the army barracks in Farafenni were attacked by a anti-Jammeh elements, resulting in the loss of 6 lives. In addition, an incident at the Kartong army camp in 1997 also resulted in the death of at least 1 soldier. And in Dec., 1999, the head of Jammeh's own security guards was killed to foil an alleged coup plot. A second victim of this incident was a suspected soldier who was pursued by Jammeh loyalists, and shot in broad daylight in Banjul's main market. Yet another alleged plotter was wounded, and arrested in a gun-fight. Although he was first arraigned last May, his trial has proceeded slowly, if at all.
Almost no one is exempt from Jammeh's excesses, and those of his officials. Thus, it was this past Jan. that a 11-year old student died from injuries he sustained from beatings he suffered at the hands of Fire fighters who had been called to the school to maintain order. In addition, a 13 year-old girl was raped by a uniformed security person, who has yet to be accosted. These incidents prompted students to demonstrate their anger, and protest against the killing and rape of their own by Jammeh's forces.
The demonstrations that the Gambian students embarked on April 10 were met with typical savagery by Jammeh's security forces. They opened fire on the students, killing 12 of them, along with a journalists who was shot at the Red Cross premises, while he was working as a volunteer, to help the wounded. Students in other parts of the country also took to the streets on April 11, and again, the Jammeh forces responded with lethal force, killing at least one (and reportedly more) of the students.
To be sure, the students demonstrations were also marked by destruction of property (mostly government facilities), but from all indications, this destruction happened AFTER the students were shot by the security forces. To add insult to injury, the reaction of government officials was been to blame the students, claim that their forces did not use live bullets, and thank the security forces for handling the situation well. This after all these students, and a journalist lost their lives.
It is also worth noting that the Jammeh government continues to turn a deaf ear to pleas for a full and thorough investigations of the deaths of the likes of Mr. Ousman "Koro" Ceesay, and the soldiers that died in the November, 1994 "coup attempt." Even though there have been specific allegations against Captain (Rtd) Edward Singhateh, Secretary of State for Presidential Affairs, and Captain (Rtd) Yankuba Touray, Secretary of State for Youths and Sports, there have been no attempts to address these allegations. If anything, the closure of the online forum on which the allegations were first posted indicates how insensitive the Jammeh government is to repeated calls for a full investigation of these killings.
In contrast to the inaction, and/or slow-pace that the government has shown in regards charges of murder against it, it wastes no time in arresting people they deem a threat to them. For example, while the coroners report on the killing of student demonstrators last April is yet to be made public, the government was swift to arrest over 80 opposition party supporters one day after a clash between their entourage and APRC supporters, resulting in the death of one APRC activist. This clearly demonstrates the hypocrisy of the Jammeh government, because it picks and chooses which killings to investigate, and which not to based on whether the victims where for or against them, and not on an unbiased interest in enforcing justice.
2.3. Abuse of Human Rights and Press Freedom
The Jammeh governments have also had a remarkable record of abusing human and democratic rights and press freedoms. Thus, the 1999 Amnesty International Annual Report on The Gambia stated that the government detained at least 20 prisoners of conscience, and at least three prisoners were reported to have been tortured. In addition, Decree 89, which banned politicians active before the 1994 coup is still in effect. The Decree was introduced by the military before the transfer of power to civilian rule, and has been used by the APRC government to prevent their opponents from contesting elections in the Gambia.
Jammeh has also abused and trampled on the democratic rights of Gambians. Thus, while he ensured that the revised Gambian constitution was tailored to enable people younger than 40 years (including himself) to be eligible to contest the Presidency, the same constitution barred many Gambians from contesting elections or holding elected office simply because they were officers of political parties that existed during Jawara's rule. Furthermore, the same constitution granted Jammeh and other officials of the AFPRC government immunity from prosecution for acts they committed while in office.
The killing of Omar Barrow, the Gambian journalist who died in last April's demonstrations was the latest example of Jammeh's high-handedness against the Press in The Gambia. Even though he proclaimed, on coming to power in July 1994, that his was going to be an administration with a difference, and one that was open to criticism, the policies of both his AFPRC and APRC governments have been exactly the opposite of those pronouncements.
Thus, many Gambian and non-Gambian journalists have been subjected to arbitrary detention by Jammeh's government. A number of these arrests and other forms of government high-handedness against the Gambian Press were reported in the 1999 review by the International Press Institute (IPI) of Press Freedom in The Gambia. For example, Citizen FM, a private radio station deemed too critical of the government was closed on the basis of a 1913 law that the government selectively applied. Fortunately, the case against Citizen FM was recently thrown out of court, but after it's proprietor had spent enormous effort, and lost income because his radio station was closed for over 3 years while he awaited judgment on the case.
The Jammeh government has also sought to stifle the Independent press in The Gambia by using the National Intelligence Agency (NIA) to harrass and arrest Gambian journalists, and deport non-Gambian journalists. The latest such incident is an attempt to intimidate the editors of "The Independent" newspaper by questioning the validity of their Gambian citizenship. Furthermore, Decrees 70 and 71, which increased one hundred-fold the cost of the bond required for private newspapers, are still on the books. Given the already meager resources the Gambian media survives on, such an additional burden can only be seen as a yet another ploy by President Jammeh to cripple them, and/or prevent the sprouting of new media outlets.
2.4. Corruption
President Jammeh is yet to provide a satisfactory response to a number of allegations of corruption and embezzlement on his part, or those of his officials. First, there have been allegations that a $35 million loan from The Republic of China (Taiwan) to The Gambia was diverted to private accounts. In addition, President Jammeh was named as the beneficiary of $3 million deposited in a Swiss bank account by one Capt. Ebou Jallow, who has since resigned from the Gambian army, and now lives in exile in the US. While most of the $3 million was recovered, and returned to the Gambian treasury, the issue of the $35 million from Taiwan is still unresolved.
In April, 1999, Chantrils SA, a subsidiary of Swiss-based oil traders Glencore, successfully sued the Gambian government in London's High Court for breaching a contract to sell crude oil on behalf of The Gambia. According to documents made public in the trial, Chantrils SA contracted to sell 20,000 (twenty thousand) barrels of Nigerian crude oil a day on behalf of The Gambia, and deposit the initial payment, and proceeds in an account at United Overseas Bank, in Geneva, Switzerland.
The oil was contracted from the Nigerian National Petroleum Corporation to The Gambia, and supposedly as a reward from the late General Sani Abacha to President Jammeh for standing by Abacha when the rest of the world condemned his dictatorship, and killing of Ken Saro Wiwa. The contract to lift Nigerian oil lasted from August, 1996 to June, 1998, when General Abacha died. Also, the oil was sold by Chantril SA for $0.20 (twenty cents) per barrel at a time when, according to the United States Energy Information Agency, the landed cost of Nigerian crude oil varied from $14 to $20 per barrel, or between 70 and 100 times more than what Chantril SA paid for the oil.
The Gambia government was represented in the contract by a Senegalese national, Samuel Sarr, who testified in court that he was given a Gambian diplomatic passport, and asked by President Jammeh to report directly to him in matters relating to the oil deal. President Jammeh has consistently brushed off questions about the oil deal, and any talk about where the money went. The trial in the UK concluded with a fine against the Gambia government, even though from all indications, the Gambia government never received any money from the proceeds of the sale of the oil.
The latest development in this sad story was the rejection by the Gambian parliament of a motion to investigate President Jammeh's oil deal. According to newspaper reports, the Majority Leader and APRC member, Mr. Tamsir Jallow said that the motion was rejected because it was inspired by "ulterior political motives", lacked credible supporting documents, and was not in the national interest. It is hard to imagine how Mr. Jallow arrived at these conclusions, in light of the judgment against the Gambia government in the crude oil case in London High Courts, and his statement that APRC members of parliament were not against accountability and probity.
Despite these setbacks, efforts must continue to ensure that President Jammeh and his collaborators answer to allegations of corruption. With a per capita GNP of $350, the sums of money that have been allegedly swindled by President Jammeh and his officials are simply too much to be ignored. Furthermore, in a period when there is a strong and growing campaign to write off debts owed by poor countries like The Gambia, it only makes sense that the Jammeh government fully accounts for these sums they were alleged to have stolen, before The Gambia is considered eligible to debt relief, and indeed other forms of development assistance.
2.5. President Jammeh's threat to Peace and Stability in the Sub-Region
President Jammeh's threat to peace and stability in the sub-region is another cause for concern about his rule in The Gambia. Given that The Gambia practically divides Senegal in two, and that there presently is festering a separatist war in Cassamance, Senegal's southern part, it is imperative that a Gambian President help bring about peace. President Jammeh, instead, has had a rather dubious relationship with the separatist movement in Cassamance, and according to some, has in fact been their supporter.
Senegal recently concluded two rounds of free, fair, and open democratic elections that resulted in a peaceful transfer of power from one civilian President to another. The historic moment was not lost on observers in the sub-region, and indeed the world over. These elections have without doubt made Senegal a shinning example to other African countries, and also a bastion of democratic values in Africa. That President Jammeh might be contributing to the destabilization of Senegal should be a cause for concern to all interested in maintaining peace, and fostering progress in the Sub-region.
It has recently been revealed on Gambia-L, the e-mail based discussion forum on the Internet, that a number of President Jammeh's officials and operatives are tied to Libya, and President Charles Taylor of Liberia. For example, Baba Jobe, Assistant Secretary, Office of the President, was reported to have been trained in Libya, and serves as President Jammeh's right hand man in his dealings with Libyan President Qaddafi. In addition, Libya has also been reported to have provided military training for the erstwhile July 22 Movement which Mr. Jobe headed, and whose former members are now using their skills to intimidate and terrorize Gambians.
Mr. Jobe is also reported to have ties to Liberia's Charles Taylor starting from when they were being trained in Libya, and continuing with Mr. Jobe's younger brother being President Taylor's personal body guard for over a decade. Other Gambians have also been reported to be part of President Taylor's personal security detail, just like President Jammeh himself has resorted to foreigners to provide him security. Given the role that President Taylor has played in supporting the rebels in Sierra Leone, and hence prolonging that brutal war, one can only conclude that any connections he has with The Gambian can only be detrimental to the county's interest.
Finally, Ghana, which has of late been the darling of international development agencies for has also been identified by President Jammeh as his supporter. In addition, former President Jawara in a recent interview, alleged that Ghana was used as a transit point for sending Gambian dissidents for military training in Libya. Even though Ghanaian authorities have denied charges that President Rawlings' government has provided military and intelligence training to the Jammeh government, the fact remains that President Jammeh as publicly acknowledged support he has received from Ghana.
3. averting another african tragedy
The April 10 and 11 killings in The Gambia are the most tragic in a series of tragedies that have befallen The Gambia since Jammeh came to power in July, 1994. In the aftermath of these killings, many people have suggested ending Jammeh's rule in The Gambia, to prevent the country from plunging into the war and strife that have befallen countries such as Sierra Leone and Liberia.
It is hereby proposed that in order to preserve the peace in, and integrity of The Gambia, the Jammeh government should immediately commit to the following:
1. investigating the death of soldiers killed in alleged "coups" in Nov. 1994, and Dec. 1999, and the death of former Finance Minister Ousman "Koro" Ceesay.
2. publishing the Coroners report on the April 10 and 11 killings during student demonstrations
3. investigating the Nigerian crude oil deal, the $35 million loan from Taiwan, and other allegations of corruption by President Jammeh and his officials
4. punishing, to the full extent of the law, any and all found guilty of involvement in the killing of the above mentioned people, and/or other crimes
5. ending arbitrary arrests, summary dismissals, and kidnapping of people
6. repealing the decision to allow the military to take a role in policing civil society
7. repealing Decrees 70, 71, and 89
8. increasing access of opposition parties and other groups to state controlled media outlets
9. restoring an independent judiciary, an atmosphere of freedom (not fear), democracy (not dictatorship), and the rule of law in The Gambia
In the event President Jammeh and his government are not interested in compromising, and working toward a peaceful resolution of the grave leadership crisis faced by The Gambia, there will be a concerted effort by various Gambian groups around the world to bring the record of the Jammeh government to the world's attention, with a view toward imposing sanctions that will effectively cripple the government. Furthermore, these efforts will also be aimed at ensuring free, open, and fair general elections next year, and ensuring that opposition parties have adequate resources to contest the elections.
4. Help Needed from International Community
Despite the fact that Jammeh governments have been noted for being international pariahs, the poverty of The Gambia means that any Gambian government must rely heavily on international assistance. According to the UNDP Human Development Report 1999, official development assistance accounted for 10% of The Gambia's GNP in 1997, compared to an average of 6.7% for Sub-Saharan Africa.
This shows that The Gambia is more dependent on international assistance than many other African countries. Thus, the Jammeh government would be particularly vulnerable to a comprehensive, coordinated, and well thought-out effort by the International community to force it to either transfer power peacefully, or at least abide by internationally-accepted standards of behavior.
Toward this end, the help of foreign governments, development organizations and agencies, as well as human rights organizations will be sought exert pressure on the Jammeh government to restore the rule of law, peace, and stability to The Gambia. Such pressure includes:
1. ending disbursement of development assistance funds for the Jammeh government
2. ending supplies of arms, and assistance to the Gambian military and security forces
3. urging development agencies and organizations to exert pressure Jammeh, and/or to stop supporting his government
4. urging countries such as Libya, Ghana, Liberia, and Taiwan that have been identified by President Jammeh as supportive of his government to stop supporting him
5. denying senior government, military, and police officials, and APRC members of parliament invitations to international meetings, and visas to enter other countries
6. helping the recovery of money looted by Jammeh and his associates, by exerting pressure on banks and other financial institutions that have accepted deposits of looted money
Organizations and agencies can also help by providing technical, administrative, and other assistance that will be needed to investigate allegations against President Jammeh and his officials. For more information about how to help, please contact any of the signatory organizations listed below.
5. references
Amnesty International Publications and News Releases on The Gambia (1996 - present) (http://www.amnesty.org/ailib/countries/indx127.htm)
International Press Institute. 1999 World Press Freedom Review - Gambia. (http://www.freemedia.at/archive97/gambia.htm)
Saine, A. The military and "democratization" in The Gambia: 1994-2000 in "Liberalization and Democracy in Africa." John Mbaku (Editor) (forthcoming)
U. S. Department of State. Human Rights Reports for 1999 - Gambia. (http://www.state.gov/www/global/human_rights/1999_hrp_report/gambia.html)
United Nations Development Programme. Human Development Report 1999. (http://www.undp.org/hdro/99.htm)
The Online Independent. June 15, 2000. Rawlings Stands Accused. (http://www.africaonline.com.gh/independent/200615/topnews1.htm)
6. Signatory Organizations
Gamsem
Movement for the Restoration of Democracy in The Gambia
Gambia Freedom Democratic Movement
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