THE ELECTIONS OF 18TH OCTOBER 2001
My dear Ebou Colly, once again I salute your eloquence
with perhaps a triple halt. I am confident that our
former colleagues would understand and appreciate your
message. They are our brothers and sisters and we
should maintain the esprit des corps.
My piece is mainly a rejoinder with particular
emphasis on the legal aspects or implications rather.
One thing I want to make clear is that parliament
cannot bind it's successors.
In order words,if for example,a military regime which
is certainly illegal can just wake-up one day and
issue degrees which nullifies existing constitutional
provisions,then what about a government with a clear
mandate from the citizens?They can simply amend or
repeal any provisions in the law, which does not
conform to normal norms.Therefore,don't be fooled by
false illusions of amnesty.Even before the
amendments,the judges in an independent judiciary can
interpret the laws to reflect present day
realities.Since they have many tools of interpretation
at their disposal.
The constitution of the Gambia rightly affirms the
principal that all power emanate from the sovereign
will of the people.Chapter IV. of the constitution
deals with fundamental rights and freedom
particularly:
17-Fundamental Rights and Freedoms
18-Protection of Right to Personal Liberty
19-Protection from inhumane Treatment
21-Protection of speech,conscience,assembley,
association and movement.
22-Political Rights
Your duties are perfectly clear,you don't have to
side with any party but uphold the constitution.
In performing your duties,you should not only carry it
out as per the letter and sprit of law but should be
manifestly seen to be doing it properly in order to
win the confidence and trust of all the parties
involved.
Moving away from municipal law and into international
law, there are certain crimes which have universal
jurisdiction.You could be prosecuted no matter which
state you decide to stay.To give an example, a Rwandan
colonel who fled to the UK after the genocide is under
custody here in the UK.He is presently fighting
extradition proceedings.In a television documentary,
one of the soldiers who obeyed his orders has been
sentenced to death and confessed that the colonel gave
them orders.This sorry and sad affair of the Rwandan
colonel leads me to the issue of executing illegal
orders.There is absolutely no excuse.
Therefore these trying times of our beloved country.We
should all approach the elections in a sober mood
while always remembering that the provisions of
constitutions
rightly affirms that the principle that all power
emanate from the sovereign will of the people.
One thing we have to crucially remember is
that,members of the forces are dealing with their
cousins,brothers
sisters,uncles,mothers and fathers.
Therefore,we have to be careful,as all of us knows
that in the Gambia,we are all interrelated;no matter
which political party we might support.This makes very
easy for the collate of evidence.
Finally I believed and trust that the vast majority of
the services will not let us down.They would carry out
their duties by respecting the spirit and letter of
the laws of our country. God bless the Gambia.Longlive
the rule of law and genuine democracy.
EBRIMA ISMAILA CHONGAN
--- ebrima chongan <[log in to unmask]> wrote:
> THE ELECTIONS OF 18TH OCTOBER 2001
>
> My fellow former colleagues, I would like to seize
> the
> opportunity of the coming elections to give a
> reminder
> of your fundamental duties during these trying times
> of our beloved country.
> The services are part of the institutions of the
> state
> and therefore belong to no political party. Your
> primary duties are the maintenance of law and order
> while protecting the citizens and their properties.
> Making sure that constitutional provisions are safe
> guarded particularly with regards to fundamental
> human
> rights.
> The situation can be very difficult and tricky but
> surely you have the capability and capacity to
> ensure
> that there is a smooth and transparent way in
> handling
> your election duties notably crowd control.
> Commanders should issue clear, concise and legal
> operational orders, which if properly implemented
> could bring about trust from all the political
> parties. This would create an atmoshere and climate
> of
> security, safety and general peace.
> You have to remember that, we live in a global world
> and the whole world is watching. Nowadays there is
> no
> excuse that i was carrying my orders, there is no
> justification for carrying out an illegal order. Any
> action should not only be justifiable but
> reasonable.
> If our Senegalese and Ghanian brothers can do it,
> why
> not us the services of the Gambia.
> As i have reiterated above, this might involved very
> difficult and tricky situations but cool heads and
> applying the letter and spirit of the laws of the
> Gambia is the only just and viable option.
> I can share my past experiences under similar
> circumstances. In 1987 i was a very young
> commissioned
> officer fresh from officers school France, being
> part
> of the company escorting the president on a general
> elction campaign tour, my detachment was stationed
> at
> Sare Ngai near Fulabantang. I received a radio
> message
> from the company commander to reinforce them at
> Sankulay kunda crossing because there was a problem
> with Armitage High School students.
> Upon my arrival i was made to understand that the
> students were blocking the road to George Town
> island
> and the President could arrive any minute from
> Bansang. The company commander was really agitated
> and
> wanted to use force to disperse the students. I seek
> permission from him to talk to the students which
> was
> granted.
> The students explain that their conditions at school
> was very terrible. I reason out with them that they
> might have a point but actually they were committing
> an offence namely obstructing the highway, however i
> told them that if they could give me few
> representatives and the rest retire to the side of
> the
> road, i will makesure when the president arrives, he
> would be made aware of their problems. After initial
> apprehention they reluctantly agreed.
> When the president arrived i took the iniative to
> talk
> to him, i must stress at this point that my company
> commander was really jittery as we were taking a
> huge
> gamble without having claerance from headquarters. i
> explained the problem to the president and he
> instructed one of the ministers with him to take
> note
> so that action could be taken. The whole episode was
> peacefully resolved without any injuries. I can
> continue and name many other examples such as Tumana
> by-elections or Brikama water riots in 1993 which
> were
> all handle peacefully despite been under very
> difficult circumstances.
> My final message to all of you is to realised that
> you
> owe your loyalty to your country which all of you
> have
> sworn to do upon enlistment. For any chance of
> economic development putting politics aside, which
> could benefit the whole populace including the
> members
> of the services is stability and above all the rule
> of
> law. The is no need reminding you that we live in an
> information technology era, even if a pin drops the
> whole world knows about it.I hope and trust that you
> will carry out your duties within the letter and
> spirit of the laws of Our Great Country The GAMBIA.
> OUR NATION IS BIGGER THAN ANY INDIVIDUAL OR GROUP
> FOR
> THAT MATTER.
>
> "NYIN DOWKUWOW FASI KEH"THE PROPER JOB HAS TO BE
> DONE.
>
> EBRIMA ISMAILA CHONGAN
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> --- ebou colly <[log in to unmask]> wrote:
> > THE BIGGER PICTURE
> > I have decided to shelve my eleventh article this
> > week
> > in order to participate in the ongoing debate
> about
> > Major Chongan. No doubt I am affected as well.
> > But before that, I would take a moment to commend
> > Mr.
> > Ousainou Darbo and the U.D.P. for their wonderful
> > commitment recently by boldly announcing their
> > party's
> > inclination to constitutionally limit the term of
> > future Gambian presidents in office to two terms
> of
> > five years each. As far as I am concerned I
> strongly
> > think that the ultimate solution to the political
> > turmoil of modern African countries might never be
> > realized without seriously committing elected
> > governments to such a regulation. Apart from the
> > fact
> > that this would condition our leaders to be
> mindful
> > of
> > the recklessness, waste and maddening attributes
> > reminiscent of the hopeless "Mannsa"-style
> > presidency,
> > it would for the good of all decisively eliminate
> > the
> > pathetic culture of sycophancy and "juju" or
> oracle
> > dependent leadership. It would be the only
> political
> > dynamics that would finally awaken the poor masses
> > to
> > understand that presidents are servants to the
> > people
> > and that anyone of them who would not perform
> > his/her
> > role according to expectation would be changed for
> > the
> > right person. In that case "dirmo" presidents who
> > think they could amass wealth in any means
> > possible-crookedly in most cases- and then use
> their
> > filthy resources to buy their seats forever would
> > find
> > something more positive to do for posterity during
> > their tenure. And once the president is affected,
> it
> > is apparent that all other relevant institutions
> > endangered or corruptible by power monopolization
> > would somehow be insulated to adopt the same
> > principle. With votes' cards still purchasable for
> > mere D25.00, there is little hope of effectively
> > educating the Gambian masses on the importance of
> > universal suffrage. We can't blame them much;
> > poverty
> > should.
> > However, without doubt the armed forces would be
> > among
> > those critical institutions that ought to be
> > immediately affected. Chiefs of Staff, by all
> > standards, are responsibilities dangerously abused
> > if
>
=== message truncated ===
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