Dear Mr. Sallah,
I am happy that you are taking a hard position on this. Keep the pressure
on.
Mori Kebba Jammeh
----- Original Message -----
From: foroyaa <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, July 24, 2000 6:16 AM
Subject: ON THE ISSUING OF PERMITS TO POLITICAL PARTIES
> 24 July 2000
>
>
> Secretary of State for the Interior,
> Department of State for the Interior,
> OAU Boulevard,
> BANJUL.
>
>
> ON THE ISSUING OF PERMITS TO POLITICAL PARTIES
>
>
> It was our impression that the catastrophic developments which took place
in
> Basse and the threats of revenge which followed would be a teacher to all
> political forces in the country of what could happen if the spinal cord of
> sanity is broken leading to the paralysis of political tolerance.
>
>
> One would have thought that the legal processes which have been put in
place
> would serve to put at bay any attempt for individuals to take the law into
> their own hands. One would have also thought that the efforts taken by the
> Independent Electoral Commission to bring political parties and the
security
> chiefs together would generate fresh thinking and approaches in handling
the
> delicate political situation in The Gambia.
>
>
> The minutes of the meeting of the Independent Electoral Commission and the
> four active political parties are quite instructive.
>
>
> We consider it prudent to draw your attention to the following paragraph
> which highlights the purpose of the meeting:
>
> "The purpose of the meeting, was to share information on the activities of
> the Independent Electoral Commission (IEC) and to focus attention on the
> current political tension in the country with the hope that together, the
> forum would identify the causes of the undesirable political tension and
to
> suggest ways and means by which the causes of the tension would be reduced
> in order to build a sustained healthy political atmosphere for the
> harmonious well being of the Gambian people. The Chairman implored the
> participants to feel free as they take part in the discussions. He gave
them
> assurance that they were on neutral grounds and that they should open up
and
> frankly speak their minds in whatever they feel about the electoral
process
> and its attendant political issues."
>
> Suffice it to say, the participants did open up to speak their minds with
> unrestrained frankness. In fact the UDP and APRC delegates were given
> greater latitude to express their opinions.
> Since the meeting was taking place after the Basse incident, following
which
> rumours of preparation for revenge was the order of the day, the PDOIS
> delegates found the exchanges between the UDP and APRC delegates to be
> reassuring that the consultative body which had been summoned could serve
as
> a permanent mechanism for the resolution of differences between parties
and
> the amelioration of the deficiencies in the administration of the
electoral
> process.
>
>
> One of the complaints which was given sharp focus by the UDP is the
> non-approval of their applications for permits. It is clear from the
minutes
> of the meeting of 4 July 2000 that the PDOIS delegate did emphasise the
need
> for security forces to familiarise themselves with the Constitution to
> appreciate the sovereignty of citizens; that they reiterated the
importance
> of the spirit of dialogue between individuals as well as political
> organisations with the aim at building a political culture where one would
> work to a polling station and cast a vote without fear; that political
> parties should strive for ways and means of uniting the Gambian people and
> not divide them; that this could only be done if the forum is
strengthened,
> its decisions transmitted to the party membership and level playing field
> established.
>
>
> Apparently, you, as Secretary of State, are covered by the minutes to have
> offered your office "at all times for the resolution of problems and
assured
> the meeting that the security forces will comply".
>
>
> It is in this spirit that this letter is being addressed to you.
>
>
> You would agree with us that equality constitutes the proportional
> allocation of advantages or opportunities. Where advantages or
opportunities
> are accorded disproportionately, there can be no fair play or justice.
This
> is precisely the reason why section 33 of the Constitution bars any law
from
> being discriminatory either of itself or in its effect. This is why it
> obliges those acting in accordance with law in the performance of their
> functions in any public office or as public authorities not to treat
anyone
> in a discriminatory manner by affording different treatment to different
> persons attributable mainly to their political or other opinions and
subject
> them to restrictions or disabilities purely because of such opinions.
>
>
> It is, therefore, important for your office to examine the problems of
> issuing of permits associated with using instruments for the amplification
> of sound during political rallies.
>
>
> The Public Order Act came into being prior to the attainment of political
> independence or Republican status. The Act was established in 1961. The
> object of the Act was:
>
> "to prohibit the wearing of uniforms in connection with Political Objects
> and the maintenance by private persons of Associations of Military or
> similar character: and to make provision for the preservation of Public
> Order on the occasion of Public Processions: and to make provision for the
> control of the use in Public of Apparatus for Amplifying Sound."
>
>
>
> Section 6 of the Public Order Act reads:
>
>
> "No person shall use any megaphone, loudhailer, loudspeaker or like
> apparatus for the amplifying of sound (whether of an electrical nature or
> not) in a public place, or in any other place in such a manner as to be
> heard in a public place, without the prior written consent-
> "(a) in the City of Banjul and Kombo Saint Mary, of the Inspector General
of
> Police or any police officer authorised by him to give such consent or,
> "(b) in any Division of the Provinces, of the Commissioner of that
Division
> or other person authorised by the President;
> "and if any person shall so use any such megaphone, loudhailer,
loudspeaker
> or like apparatus without such consent, he may be arrested and shall on
> summary conviction before a Magistrate be liable to a fine not exceeding
two
> hundred and fifty dalasis or to imprisonment for a term not exceeding
three
> months or both such fine and imprisonment-"
>
>
> Section 6 further creates a proviso to enable the Inspector General of
> Police or any authorised person to establish terms for the utilisation of
> the instruments. The proviso reads:
>
>
>
> "Provided that-
> "(i) the Inspector General of Police or any police officer authorised by
the
> Inspector General or a Commissioner or other person authorised by the
> President to give consent under this section may, in granting such consent
> impose such conditions and make such stipulations in regard to the use of
> any megaphone, loudhailer, loudspeaker, or like apparatus as he may think
> fit...."
>
>
>
> It is evident that the Public Order Act has to be read with such
adaptation
> and modification so as to bring it into conformity with the Republican
> Constitution. In short, any authorised person mandated with the
> responsibility of issuing permits cannot possibly lay conditions of use
that
> are not reasonable and justifiable in a democratic society.
>
>
>
> In short, section 60, subsection (10 of the Constitution states
> categorically that:
>
>
> "Subject to the provisions of this section, political parties may be
> established to participate in the shaping of the political will of the
> people, to disseminate information of political ideas and on political,
> economic and social programmes of a national character, and to sponsor
> candidates for public elections."
>
>
> This simply means that political parties have the role to disseminate
> information to shape the political will of the people. In fact, section 26
> adds that
>
>
> "Every citizen of The Gambia of full age and capacity shall have the
right,
> without unreasonable restrictions-
> "(a) to take part in the conduct of public affairs, directly or through
> freely chosen representatives;
> "(b) to vote and stand for elections at genuine periodic elections for
> public office, which elections shall be by universal and equal suffrage
and
> be held by secret ballot;
> "(c) to have access, on general terms of equality, to public service in
The
> Gambia."
>
>
> The Public Order Act empowers the Inspector General of Police to render a
> public service by issuing permits. Section 26 requires access to that
> service on general terms of equality by all political parties and others
who
> need to use the instruments mentioned in section 6.
>
>
> In our view, it is a requirement of the Constitution, under section 33,
for
> all persons to be treated equally before the law. A reading of Section 33
> would confirm that it is unconstitutional for any form of discrimination
in
> issuing permits. Section 33, subsection (4) defines discrimination as
> follows:
>
>
> "affording different treatment to different persons attributable wholly or
> mainly to their respective descriptions by race, colour, gender, language,
> religion, political or other opinion, national or social origin, property,
> birth or other status whereby persons of one such description are
subjected
> to disabilities or restrictions to which persons of another such
description
> are not made subject, or are accorded privileges or advantages which are
not
> accorded to persons of another such description."
>
> In our view, the consultative exercise did offer, in your presence, an
> opportunity for the APRC and the UDP to express their concerns. The UDP
> complained about intimidation and the APRC complained about insults and
bad
> faith. One would have thought that the assurances given that a new page
> would be turned would have been predicated by new initiatives.
>
>
> The minutes of the meeting captured Mr Sam Silla indicating that:
>
>
> "it was the ideal forum where the spirit of dialogue would be instilled in
> the representatives of parties, and not only at the top but within the
> militants, which should be followed perhaps by exchanges of telephone
calls,
> visits ... etc. He felt convinced that that would make a lot of difference
> and that and only then would the leadership of political parties and
> Gambians in particular be proud to leave a legacy for our children and
> future generations."
>
>
> Taking the spirit of the consultative meeting between the IEC and the
other
> parties, with the security chiefs serving as observers, we find it
difficult
> to comprehend why permits are still being denied for the UDP to continue
its
> rallies.
>
>
> It is, therefore, absolutely essential for you to utilise your office, as
> promised, to resolve this particular problem. By a copy of this letter,
> PDOIS wishes to call on the IEC to review developments and call an
emergency
> meeting when found to be essential in order to deal with this burning
issue.
>
>
> We have been sending reporters everywhere to sound the Gambian people and
> the reaction we have gathered so far is that the people want a climate of
> political tolerance and multi-culturalism. They do not want political
> tension to build up in this country at their expense. All those who
respect
> their wish should, therefore, facilitate the creation of such a political
> climate at this very juncture when tension is yet to be diffused.
>
>
>
>
> ..........................................
> Halifa Sallah
> For: The Central Committee.
>
>
> Cc: Secretary General. Office of the President
> Attorney General and Secretary of State for Justice
> Chairman, Independent Electoral Commission
> Armed Forces Chief of Staff
> Inspector General of Police
> Director of Immigrations
> Secretary General, Alliance for Patriotic Re-orientation and Construction
> Secretary General, National Reconciliation Party
> Secretary General, United Democratic Party
> Press
>
> --------------------------------------------------------------------------
--
>
> To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
> Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
>
> --------------------------------------------------------------------------
--
>
----------------------------------------------------------------------------
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
----------------------------------------------------------------------------
|
