Progress Report No.2
Introduction
In this report we wish to inform you about developments which
have taken place since our last report to the list and put
before you some of the ideas we, the co-ordinators, have
discussed or mentioned in our exchanges, for your perusal and
commentary. Following our last report in May, some comments
and suggestions were sent to the list. These will be dealt
with at the appropriate place in the report.
To recapitulate, we identified two main aims for the Fund:
1. To assist the Families of the massacre victims
2. To assist in paying the legal bills of victims of human
rights abuse
The first is a gesture of solidarity and is humanitarian in
nature, whereas the second constitutes an effort to contribute
to uphold human rights and the rule of law in The Gambia. It
was suggested that the Fund should be a permanent one, and as
such, a co-ordinating committee on the ground was deemed
imperative.
Name of the Fund
From the suggestions made in response to the call to find a
name for the fund, THE APRIL MASSACRE MEMORIAL FUND, seemed
most appropriate. The fund will therefore be so called.
Progress made since the last report
Distribution of cash
An amount of $2,800 was sent for distribution to the families
of the victims in The Gambia. Each family was to receive $200.
Ancha Bala Gaye, the person responsible for co-ordinating the
distribution of the money, collaborated with some reporters of
"The Daily Observer" newspaper and their collective efforts
led to the successful delivery of envelopes containing 2400
Dalasis (equivalent to $200) to the following persons:
1) Kebba Sanyang, father of 3yr old Abdoulie Sanyang, Old
Jewsuang;
2) Sainey Ginnyalley, Grandfather of Foday Mansally
Manka, Tallinding;
3) Kebba Nyabally, father of deceased Sainey Nyabally,
Brikama Ba Village;
4) Mbye Chune, father of deceased Momodou Lamin Chune, 3
Jobe St. Serrekunda;
5) Bassiru Barrow, father of deceased Karamo Barrow, Ebo
Town;
6) Joseph Carrol, father of deceased Regina Henika
Carrol, 7 Grant Street;
7) Abdoulie Bojang, father of Lamin Bojang, Jambur
Village;
8) Burama Badjie, father of Lamin Badjie, Talinding;
9) Malamin barrow, father of Omar Barrow, Dippakunda;
10) Baba Njie, father of Bakary Njie, Bakau New Town;
11) Marie Terese Ndey Sonko, mother of Emil Calisco Preira,
New Jewsuang.
The rest of the money is in Ancha's care. It was suggested to
her that the family of the victim who died recently should be
included in the list, as one of the dead bodies still remains
unidentified.
Speaking on behalf of the families, Mr. Mbye Chune indicated
that they were thankful and encouraged by our effort.
Co-ordinating committee in The Gambia
Some of the contributions from list members seemed to suggest
that there was a confusion between the co-ordinating committee
on the ground and the lawyers with whom the Fund will work
together. The idea behind the co-ordinating committee or
representatives as they have been referred to at times, is to
have people who will participate in managing the financial
resources of the fund, receive applications from victims, seek
legal advice and representation on their behalf etc. and
report to the co-ordinating committee abroad. In other words,
they will be the link between us, the victims and the lawyers.
Mr. Emmanuel Joof and Mr. Mbye Chune have already given their
consent to be members of the co-ordinating committee on the
ground. Emmanuel Joof, a human rights lawyer, is a member of
the Coalition of Lawyers for the defence of Human Rights and
an employee of the " African Society for International and
Comparative Law" based in The Gambia. In his work for the
latter he deals precisely with victims of human rights abuse;
giving advice and at times appearing in court on their behalf.
Mbye Chune is a member of "The Committee of Parents of the
April 10 and 11 Victims", COMPAV (see below). It is planed to
include a GAMSU representative in the committee too.
Mr. Sam Sarr of FOROYAA was also contacted. He made it clear
that he would have liked to serve in this committee, but would
rather refrain from doing so as a result of the objections
which were raised on the List following his proposal. He
would, however, be willing to serve in a private capacity, if
requested.
Partner organisations on the ground
Among others, the following organisations which newly emerged
in The Gambia, have been identified as useful partners to the
Fund, as their work is directed towards similar goals:
1. Coalition of Lawyers for the defence of Human Rights
2. A Non-Governmental Organisation (NGO) coalition of human
rights concerns recently formed in The Gambia to enhance
democracy, the rule of law and respect for the constitution.
3. The Committee of Parents of the April 10 and 11 Victims,
COMPAV.
Contact has already been established with both the Coalition
of Lawyers for the defence of Human Rights and The Committee
of Parents of the April 10 and 11 Victims, COMPAV. As
mentioned in the last report, henceforth referred to as
progress report No.1, the Coalition of Lawyers fought
successfully for the release of the students who were
illegally held in custody and partly tortured, after the April
10 and 11 events. This, they did at their own cost. We have
been informed that they are willing to file civil suits for
both the dead and the wounded, to not only claim damages, but
also send a message that there are sanctions attached to
irresponsible and illegal actions. We gathered from them that
they will not charge any fees for representation. Our
assistance will however be needed to cover filing fees (fees
that have to be paid to file a case). Each case filed will
cost about 500 Dalasis. Initially, an amount of about $5,000
(five thousand dollars) was estimated to that effect. They
also made it clear that they plan to forge ahead with or
without our support!
Present state of the account
The state of the account is as follows:
US account
Up to the time of writing this report, contributions from
individuals and groups in the US amount to $5,248.00. Proceeds
from the T-shirt sales total $270, with some outstanding
collections yet to be made. An interest of $5 was earned since
the opening of the account. This brings the total to
$5,523.00. Expenditures to date are: $2,800 for victims'
families ($200 to each victim's family), $50 for
transportation, $60 to pay for the transfer of the funds from
the US to the Gambia. $600 investment in the T-shirts. The
balance therefore is: $5,523-(2800+50+60+600), which is equal
to $2,013.00 (two thousand and thirteen US Dollars).
Europe account
Up to the time of writing this report, contributions from
Europe are as follows:
Denmark: 1000.00 DKK ($127.03)
Finland : 440.00 FIM ($70.14)
Germany: 300.00 DEM ($145.38)
Norway: 4000.00 NOK ($463.83)
Sweden: 5, 419.50 SEK ($613.36)
UK: 50.00 GBP ($75.62)
Total amount collected is therefore $1,495.36.
What next?
Based on the state of both accounts, an initial amount of
$2,000.00 (two thousand US Dollars) can be sent to the
Coalition of Defence Lawyers through the co-ordinating
committee in The Gambia, to cover part of the filing costs in
the civil suits, pending further progress in our fund raising
efforts and in the legal process. Please let us know what you
think.
In the Progress Report No.1, we mentioned that further action
to be taken would depend on the outcome of both the Coroner's
Inquest and the Commission of Inquiry. While awaiting the
Coroner's Report, the Commission of Inquiry is still on.
Nevertheless, despite clear attempts to cover up and deviate
from the pressing question of who gave the orders for the
children to be massacred, and who was involved in the
massacre, witness testimonies made under oath in both cases
will provide some basis for prosecuting the real culprits in
future.
Newspapers and lawyers have been following and documenting the
proceedings. We were informed that members of the Coalition of
Lawyers for the defence of Human Rights, for example, have
been following the proceedings closely.
As no person is above the law in The Gambia, those whose hands
are stained with blood will have their day in court,
regardless of the office they occupy. They may not be jailed
under the circumstances, but the Gambian people would have the
opportunity to hear from them under oath, and apart from
making a point that no person can expect to commit crimes
without any consequences, lessons will be drawn by the Gambian
people, who are by no means asleep. We can certainly
contribute to this process either financially or by seeking
the service of an internationally renowned lawyer to work with
Gambian lawyers in this case, thus adding to the international
dimension or both. What do you think?
The task ahead
THE APRIL MASSACRE MEMORIAL FUND, together with partner
organisations on the ground can significantly contribute
towards upholding human rights and the rule of law in The
Gambia. The great task ahead lies in pooling resources
together, both financial and human.
We should therefore intensify our fund raising efforts. At the
moment, we can barely shoulder the filing cost for the civil
suits on behalf of the victims, both dead and living, as
planed by the Coalition of Defence Lawyers. Further
prosecutions in future will also cost a lot of money. How do
we go about it? Should people contribute on a regular basis,
say every month, every three months, yearly etc.? Should
existing organisations, which subscribe to these views in
different countries or individuals, be more actively involved
in organising fund raising parties, sales and so on? Should we
approach Government officials, NGOs and human rights
organisations or movements etc. to assist us financially or
otherwise? One thing is clear. Without financial resources our
contribution will be limited! So what do you think? Should you
deem it more appropriate, do not hesitate to send a private
mail.
We also need to identify partner organisations abroad with
whom we can collaborate at different levels. Any organisation
involved in the defence of human rights and the rule of law is
a potential partner from whose experiences we can learn and
perhaps receive assistance or obtain information about where
to look for assistance.
Through our collective efforts we can build a nation where
human rights and the rule of law will be given due respect by
any Government in The Gambia, but we must start to act now!
We look forward to your comments and suggestions.
Thank you.
Soffie Ceesay, Karamba Touray and Alpha Robinson
.
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