"Sadly, the Jammeh regime will only start respecting the rights of the
Gambian people when the people start forcefully asserting their right to
those rights."Baba
The above is the real truth, and the very think that they are most afraid of. THe Jammeh regime cannot deal with chaos or quagmire; in fact, they are absolutely afraid of such a scenerio because it will be the beginning of the end.
Musa Jeng
-------------- Original message --------------
From: Baba Galleh Jallow <[log in to unmask]>
> I think both Mr. Darbo and Dr. Jaiteh have some valid points here. There is
> no doubt that labor union leaders know that they have the right to engage in
> industrial action after giving due notice to the authorities. This
> notwithstanding, relentlessly drumming this fact into the consciousness of
> all Gambians at all times could give them the conviction, if not the
> courage, to defy unjustified attempts at keeping them from exercising their
> rights. As Darbo rightly says, what we have in our country is the rule of
> one man, far removed from the rule of law. It is doubtful whether Mr. Jammeh
> and his slavish cronies in the security services know or even care about
> what the law says about anything. What matters to them is what Mr. Jammeh
> wants done or not done.
>
> As far as the illegal closure of The Independent is concerned, it is
> precisely the fact that the so-called government has no regard for the rule
> of law that makes us very reluctant to appeal to the law in dealing with
> them. If a state breaks the laws it is sworn to protect with such blatant
> impunity, we think it is absurd to appeal to those same laws in dealing with
> such a state.
>
> Sadly, the Jammeh regime will only start respecting the rights of the
> Gambian people when the people start forcefully asserting their right to
> those rights.
>
> Baba
>
>
> >From: Lamin Darbo
> >Reply-To: The Gambia and related-issues mailing list
> >
> >To: [log in to unmask]
> >Subject: Re: questions and more questions
> >Date: Tue, 28 Aug 2007 19:05:35 +0100
> >
> >“A much greater question in my view is how do we translate the wealth of
> >knowledge in-house about one's right, the constitution, social justice as
> >that demonstrated by this FOROYAA article from being "after-the-fact
> >commentary (aka Monday morning quarter-backing)" to one that empowers the
> >ordinary man or union leaders to know how to deal with situations like
> >this?”
> >
> > Malanding Jaiteh
> > Malanding:
> >
> > We are not dealing with a “Monday morning quarter-backing” situation in
> >FOROYAA’s analysis of some of the law pertinent to organising industrial
> >action in the Gambia.
> >
> > I am in no doubt the leadership of the Maritime and Dockworkers Union
> >are fully aware of the legal parameters within which they must operate in
> >industrial disputes. In similar vein the proprietors of Citizen FM when the
> >media house was closed down pursuant to a perverse judicial order some
> >eight years ago. So too Baba Galleh Jallow when his Independent was shut
> >down eighteen months ago without a legal shot. I can hazard a guess that
> >these outfits, as legal entities, and the human personalities behind them,
> >were, and are still fully aware of their legal rights and obligations.
> >
> > But what do legal rights and obligations count for when a nation and its
> >entire laws are embodied in one person?
> >
> > What FOROYAA, and you, and countless others are doing is discuss our
> >public life as it should be, not as it really is. The State, aka the
> >Executive, aka Dr. Yahya AJJ Jammeh, embodies the law of the Gambia. I am
> >not advancing this statement as opinion, but as fact grounded in a public
> >pronouncement by our good Doctor that he is unpersuaded about the merits of
> >an independent Judiciary. Such a mindset is spectacularly embodied in the
> >1997 Constitution of the Republic of the Gambia. And there are no prizes
> >for guessing the intended and actual beneficiary of such legally mandated
> >public chaos!
> >
> > Unless you are on the side with armed thugs protecting all corners of a
> >field, would you like to waste energy in a football contest devoid of
> >independent match officers?
> >
> > In the Gambia, process is ousted in all facets of public life. There is
> >rule, not of law, but of man. And one man for that matter!
> >
> > Is it realistic - in the unmistakable climate of our public life - to
> >envisage an outcome different from the one that befell the leadership of
> >the Maritime and Dockworkers Union? They probably left each other at the
> >NIA when they were forgiven for succumbing to temporary lunacy and allowed
> >to return to their families.
> >
> > Are they likely to come back for more any time soon?
> >
> > Your guess is as good!
> >
> >
> >
> >
> > LJDarbo
> >
> >
> >
> >
> >
> >
> >
> >Malanding Jaiteh wrote:
> > Conclave or detention? After careful and thoughtful analysis.... or
> >being
> >asked to write letters ..? do workers have a right to industrial action..?
> >are all great questions.
> >
> >A much greater question in my view is how do we translate the wealth of
> >knowledge in-house about one's right, the constitution, social justice as
> >that demonstrated by this FOROYAA article from being "after-the-fact
> >commentary (aka Monday morning quarter-backing)" to one that empowers the
> >ordinary man or union leaders to know how to deal with situations like
> >this?
> >Not trying to blame FOROYAA but the teacher will be deemed in-effective if
> >students get the concepts only after reviewing test results!
> >
> >
> >Malanding Jaiteh
> >
> >
> >
> >Courtesy of FOROYAA (allfrica.com)
> >
> >
> >
> >
> >
> >Gambia: Do Workers Have a Right to Industrial Action?
> >
> >
> >
> >FOROYAA Newspaper (Serrekunda)
> >
> >EDITORIAL
> >27 August 2007
> >Posted to the web 27 August 2007
> >
> >Leaders of the Maritime and Dockworkers Union have informed Foroyaa that
> >after being detained by the NIA they have been asked to write letters to
> >indicate that they have cancelled their threat to take industrial action.
> >
> >The workers are wondering what the purpose of trade unions are. An
> >emergency
> >meeting of trade unionists is necessary to discuss their significance,
> >powers and challenges under the APRC regime.
> >
> >What the constitution says under section 25 is that every person shall have
> >the right to freedom of assembly and association which shall include
> >freedom
> >to form and join associations and unions including political parties and
> >trade unions.
> >
> >The Labour Act empowers trade unions to take industrial action if they give
> >14 days notice to the Commissioner of Labour if it relates to action that
> >will not interfere with essential services and 28 days notice if the action
> >may affect essential services.
> >
> >The purpose of a notice is not to enable government to use the security
> >apparatus and treat trade unionists like criminals; on the contrary, the
> >notice provides government with information to determine whether the
> >dispute
> >is between employees and their representative organisations with the
> >employers which can be resolved through bargaining in good faith or through
> >the industrial tribunals or if it pertains to matters that can threaten the
> >continuation of essential services.
> >
> >Section 175 of the Labour Act states what types of industrial actions are
> >illegal as follows:
> >
> >"(1) The following industrial action shall be deemed to be improper
> >industrial action and may be prohibited by order of the Supreme Court (now
> >High Court), on the application of any employer affected
> >
> >(a) action which is primarily in pursuit of a political object rather than
> >in contemplation of a trade dispute so that contemplation of a trade
> >dispute
> >is either no part of the purpose of the action or is only an insignificant
> >part of that purpose;
> >
> >(b) action which is in breach of a collectively agreed procedure for the
> >settlement of trade dispute applicable to the trade dispute in question and
> >which provides expressly or impliedly in accordance with section 163 of
> >this
> >Act that procedure shall be exhausted before industrialaection is taken; or
> >
> >(c) subject to sub section (2), action of which 14 days' notice has not
> >been
> >given in writing to the Commissioner."
> >
> >However, during legal industrial action section 173 even gives the workers
> >power to picket. It reads:
> >
> >"It shall be lawful for one or more persons, acting on their own behalf or
> >on behalf of a trade union or of an individual employer in contemplation of
> >furtherance of a trade dispute, to attend at or near their own place of
> >employment, or if such persons are officials of the registered trade union
> >at or near the place of employment of employees whom they represent, if
> >they
> >so attend merely for the purpose of peacefully persuading any person to
> >work
> >or abstain from working or to communicate information."
> >
> >Furthermore, if essential services are to be interfered with section 176
> >calls for the following actions:
> >
> >"(1) Where, in the opinion of the President of the Republic, the existence
> >of industrial action threatens the continuation of any essential service he
> >may-
> >
> >(a) appoint a Court of Inquiry to report to him upon the facts of such
> >dispute and such Court of Inquiry shall report within one week of its
> >establishment; or
> >
> >(b) order a return to work and immediately appoint a Board of Arbitration
> >in
> >accordance with subsection (3).
> >
> >(2) The report of the Court of Inquiry shall be published in the Gazette
> >within one week of its submission to the President of the Republic.
> >
> >(3) If the dispute has not been settled within one week of the publication
> >of the report of the Court of Inquiry the President shall immediately
> >appoint a Board of Arbitration whose award shall be made within one week of
> >appointment and shall be published in the Gazette within three days of its
> >making and shall be final and binding upon the parties and, where
> >appropriate to individual terms and conditions of employment, shall be
> >deemed to be incorporated as terms and conditions of employment of the
> >employees to whom it applies.
> >
> >(4) Any individual action in contemplation or furtherance of the same trade
> >dispute as gave rise to the action occasioning a threat to the essential
> >services taken after the appointment of the Court of Inquiry and before the
> >award of the Board of Arbitration shall be deemed unjustified industrial
> >action and shall be prohibited without further order of any court and may
> >be
> >penalised as if it were a contempt of the Supreme Court.
> >
> >
> >
> >
> >
> >
> >¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
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> >
> >
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