*Issue No. 28/2006, 13-16 April, 2006*

* *

*EDITORIAL*

*RELEASE THE DETAINEES OR TAKE THEM TO COURT!!*

*HUMAN RIGHTS LAWYERS AND BAR ASSOCIATION ARISE!!*

It is now becoming alarming that the numbers of detainees are increasing
without any effort to release them or take them to court. The APRC
administration should respect the constitution which calls for Court
appearances within 72 hours or the release of detainees. Foroyaa has called
all those who should explain why the detainees are still held without being
taken to Court but they are mute on the issue. Where the Government agents
fails to respect the provision of the constitution it is the Judiciary that
should safeguard the fundamental rights of people. This is clearly stated in
section 37 of the constitution which indicates that "If any person alleges
that any of the provisions of section 18 to 33 …. has been … contravened in
relation to himself or herself by any person he or she may apply to the high
court for redress.

If a person is detained, another person can make the application. This is
why human right lawyers become necessary. The bar association should meet
and come to a decision on how to defend the human rights of the detainees.
Gambians abroad should also be ready to contribute to the legal fee. However
the human rights lawyers should not wait for the fees. They should act in
the interest of Justice. Lawyers like Mrs. Mariam Denton are in Custody;
Journalists like the President of the Press Union Mr. Madi Ceesay and the
Vice President Mr. Saidy Khan are in custody for more than 72 hours without
Court appearance. Lamin Fatty a reporter of the Independent is also
arrested. Other Prominent figures like the Speaker of the national Assembly,
Mr. Sheriff Mustapha Dibba, National Assembly member Demba Dem, Former
National Assembly member Ramzia Diab, Rife Diab, M.C Cham are among the
persons in detention who had no background in security service who are still
under detention without any explanation.

How can people be arrested without any press release, press conference or
court action for weeks. This amount to an affront to the principle of the
rule of law. It cannot earn the country any respect of prominent Religious
leaders and opinion leaders should rise up to intervene.





*NADD CLARIFIES*

*On Resolution of N/A on Abortive Coup*

Compatriots, reports have been published in the Gambian press on the
position of the NADD parliamentary opposition regarding a motion introduced
by nominated member Fatoumatta Jahumpa Ceesay, on 3rd April 2006 to call on
the National Assembly members to condemn the abortive coup of 21st March,
2005.

Compatriots, the reports in the press contain ambiguity. Clarification is
therefore necessary. The parliamentary majority drafted their own motion
without any consultation with the parliamentary minority. In presenting and
defending the motion they attributed motives and passed judgments and became
evidently partisan by claiming that the socioeconomic prosperity, progress
and general welfare enjoyed under the APRC regime added up to permit no
justification for a coup.

The parliamentary minority listened attentively to the arguments forwarded
by the members of the parliamentary majority. Other than the member for
Banjul South most of the members who spoke inflamed the situation. Instead
of counselling for restraint they called for retribution.

Finally, it was the turn of the majority leader. He did not only utter
inflammatory remarks, he went further to assert, with all the emphasis at
his command, that the parliamentary opposition would be guilty of treason if
they failed to condemn the abortive coup d'etat.

It is at this point that I intervened, as minority leader, to vehemently
object to such irresponsible remarks which constituted a gross violation of
the standing orders of parliament.

In my intervention, I indicated that it was rather unfortunate that the
motion was couched in the judgmental language that befitted a prosecutor or
judge and not a national assembly member. I questioned why national assembly
members should make inflammatory remarks when even the President decided not
to raise the issue in his address.

Contrary to the opinion of the majority leader that our refusal to join them
in their inflammatory remarks constituted the aiding and abetting of coup
makers we stood on the bedrock of sound principles in behaving as we did.

First and foremost, it is prudent that in a state of conflict one should not
allow oneself to be drawn into it; on the contrary, one should serve to be a
builder of peace rather than put fuel on fire. One should be a peace maker
rather than a war monger.

It is in this light that I issued the following words:

Hon. Speaker, when we are dealing with such matters, we should deal with
matters of principle and not substance.  Any democrat or those who intend to
be democrats would know that people who are accused of crimes are presumed
innocent until they are proven guilty.  It is not the duty of Assembly
Members to be judges but it is the duty of Assembly Members to advocate for
principles.  The principles are very clear.  Article 4 paragraph (9) of the
Constitutive Act of the African Union calls for the rejection of all
unconstitutional changes of government.  This is due to the fact that Africa
is an Africa of the people.  Africa has passed through the stage of
monarchs, tyrants and despots, ruling over the people.  Africa has grown and
perhaps that is why we have started to advocate for the principle of
democracy; that power must be derived from the consent of the people and
should be exercised in their interest. We must bear in mind what that
entails.  We in the opposition have departed from the position of our
colleagues where they are avoiding the principle and are promoting partisan
politics which has been reflected by the Majority Leader (Hon. Churchill
Baldeh).

It is important to bear in mind that if we start to condemn the coup on the
basis of somebody saying that he can come to Banjul and back to Nuimi and
that his children can come to school in Banjul and back to Nuimi, people
travelling to Jarra and Wuli in the South Bank can claim that it takes them
days to get home.  I don't think that is a reason for opposing or supporting
a coup d'etat.  It is not the nature of a government in a country, whether
succeeding economically or not, that determines whether there should be a
coup or not.  It is a constitutional rule that power must not be derived
from the barrel of the gun; that is the principle! The principle is that it
should be derived from the consent of the people.  We hope that all these
experiences would be lessons that what we need to consolidate is democracy
and free the people to be totally in charge of their destiny.

This is not a matter of party. All of us in common own the Gambia; all of us
in common must abide by this constitution irrespective of party affiliation
and we must defend that constitution.  We in the opposition therefore hope
that this event that has taken place would be left to the investigators, so
that they would do their work and take those people who have allegedly
committed crimes before the courts to prove their innocence or guilt.  We
hope that in this process, our democratic evolution would be enhanced. A
member has indicated the MOU we have signed between political parties and
just few days ago, we did the inauguration.  We hope that spirit would
continue.  That is the spirit which can make Gambia to be stable today and
would make Gambia stable tomorrow.  The spirit of realising that all of us
must defend the fundamental rights and freedom of our citizens, the spirit
that we must defend the rule of law, ensure that political parties and
political opponents will abide by the principle of not engaging in demagogy
and character assassination but would live up to the politics of issues so
that the people would decide who would govern them.

This is the life we wish for this country.  I must say that I would like to
advise the government that what has happened should not lead to any culture
of impunity.  What exists in the constitution as rights for people who are
detained must be respected.  The more we respect this, the more stable the
Gambia becomes. We hope that that stability will continue because we intend
to contribute to that by respecting the laws of our country by continuing to
promote democratic principles by committing ourselves not to participate in
governments that are derived from coup d'etat just as we have shown in
principle in the past.  The best principle is practice! We in the opposition
have shown our commitment to the democratic principle by vowing never to
participate in a government that is derived from a coup d'etat.

The position of the flag bearer of NADD which is the position discussed and
unanimously approved by the Executive Committee is very clear.

As an alliance which intends to form an alternative government our role is
not to take side in conflicts but to help resolve conflicts and prove that
we can offer opportunities for both sides to co-exist in peace in a new
country led by NADD.

Secondly, we are fully committed to the principle that government must
derive its authority from the consent of the people and should exercise that
authority within the fences erected and guarded by Democratic Constitutions
and laws to promote the liberty and general welfare of a people.  Hence in
principle NADD endorsed the position of the African Union as stipulated in
Article 4 paragraph (p) of the Constitutive Act of the African Union that
condemnation and rejection of unconstitutional changes of governments.

In this respect, where an abortive coup is alledged and death and
destruction of properties occur, NADD will condemn the destruction of life
and property and once a free and fair trial before a Court takes place and
an alledged coup established it will condemn the attempt to change a
government through unconstitutional means.  On the other hand, where a coup
is made NADD commits itself never to participate in such a government and
will strongly condemn and oppose any attempt to destroy democratic
structures and reverse any democratic gains.

It is therefore clear that NADD's position is fundamentally different from
that of the APRC.  A NADD government will not condone coups by inviting the
head of a government which emerged from a coup such as the head of state of
Mauritania, to grace national Independence celebration; on the contrary, it
would have worked through the African Union to help the Mauritanian people
to regain their sovereign rights to determine their destiny.

In the same vein NADD would want the APRC to put an end to the July 22nd
celebration and join NADD in its commitment to put an end to the culture of
coups and impunity in the continent.

Lastly, we would like the APRC government to manage the present situation
with maturity. Arrests should be based on genuine suspicion and release
should be effected with immediacy or charges proffered and court appearance
effected within 72 hours.

Alternative conflict resolution measures should be entertained and NADD is
very much willing and ready to pioneer such measures in collaboration with
any peace maker.

We hope that Gambians at home and abroad will see our actions to be a
stabilizing factor in Gambian society to ensure that the people have the
opportunity to determine their manner of government. NADD wishes to behave
as a government in the making not as a protest movement. We have signed a
Memorandum of Understanding which obliges us to accept the existing
government and relate to it with respect. Our approaches are not designed to
appease anyone. It is based on the dictates of principle, reason,
conscience, the national interest and posterity.



*Long Live the Gambia*

*Long Live the Gambian people*

*NADD is a course *

*A government based on partnership and collective leadership to guide our
collective destiny is in view.*



*Haifa** Sallah*

*NADD's Presidential Candidate*

*NADD Headquarters*

*30 Papa Sarr Street***

*Churchill's Town*

*Email: [log in to unmask]*

*Tel: (220) 9902864*

* *

* *

*BILL TO AMEND LOCAL GOVERNMENT ACT PASSED*

In tabling the Local Government Amendment Bills before Deputies at the
National Assembly, the Secretary of State for Local Government and Land,
Ismaila Sambou, indicated that the Local Government amendment bill seeks, in
line with international  practice, to:-

A) re-define the title of the most senior Local Government official in the
Local Government Area;

B) stream line the conduct and procedures of local Governance in consonance
with national policies and programme; and

C) establish a National Council of Seyfolu and the office of paramount
Seyfolu in The Gambia.

These he said will lead to the further embranchment, recognition and
preservation of The Gambia's traditional rules and the creation of a more
robust framework for the systematic review and resolution of disputes in The
Gambia.  In his reaction to the amendment, the Minority Leader and Member
for Serrekunda Central, Hon. Halifa Sallah, indicated that the objective of
an amendment should be to improve; but that these amendments are meant not
to improve but to undermine the decentralization process.  Halifa indicated
that when the 1997 constitution came into being, it stated very clearly
under sector 193 of the constitution that "Local government administration
in The Gambia shall be based on a system of democratically elected councils
with a high degree of local autonomy." Hon. Halifa Sallah stated that that
was the fundamental objective.  He pointed out that "The Constitution Review
Commission was commissioned to look into the existing structure to identify
short comings and recommend measures to improve local government
administration.  Halifa pointed out that it was realised that the
commissioners had immense powers in local administration.  They were
chairing the Area Councils and as a result they were not accountable to the
local community.  They recommended in their reports that councils should be
chaired by democratically elected persons and that council should have a
high degree of autonomy so that they will be accountable to the electorate.
Halifa pointed out that if one looks at the amendment, one would discover
that there is recommendation to amend section 15 of the main Local
Government Act and there he said subsection 2 of section 15 would be amended
by substituting for the word "Council" with the word "Governor," Hon. Sallah
asserted that section 15 (2) of the main Act states categorically that "the
Chairperson shall be answerable to the council in the performance of his/her
functions and shall uphold the constitution the council's by-laws and the
laws of the Gambia." Halifa pointed out that here the Chairperson is
answerable to the council whose members (Councillors) are elected by the
people.  Halifa stressed that the amendment is now telling them that the
Chairperson of the council shall be answerable to the Governor.   Hon.
Sallah described the move as retrogressive; that people are talking about
international standards. "Establishing Monarchs? No, that's not the
international standard," he observed.   International standard is making
elected representatives accountable to the people.  "So, I think," Halifa
said, "this National Assembly should not accept this type of amendment."





*OPERATORS OWE FARMERS D60 MILLION*

*By Abdoulie G. Dibba*

During the question and answer session at the National Assembly, the Member
for Wuli West, Hon. Sidia Jatta, raised the following question: "Mr.
Speaker, now that three months have virtually elapsed since the start of the
current groundnut marketing season, could the Hon. Secretary of State for
Trade, Industry and Employment tell this August assembly how many tons of
groundnuts have so far been purchased, how much money is still owed to
farmers as a result of credit buying? In response, SOS Alieu Ngum indicated
that as at March 14th 2006, 19, 606 tons of groundnuts have been purchased
which excludes about 4, 685 tons that are to be delivered to the depots. SOS
Ngum pointed out that the estimate of credit buying as at the same date, 14
th March 2006, is approximately D60, 000,000, (sixty million dalasis). Hon.
Sidia Jatta asked the Secretary of State to tell the August assembly how
many companies are involved in this year's marketing of groundnuts and their
financial strength, individually? In response SOS Ngum said that five
companies were licensed for operations at the beginning of the 2006 trade
season but only four were actively involved. He subsequently said that GGC
was licensed to operate as a buyer of last resort. Regarding their financial
strength, SOS Ngum indicated that each of the companies gave assurance of
their financial capability to pay for the tonnage they intended to purchase.
He pointed out that some of these declarations were confirmed by their
respective banks.





*NADD: GOVERNANCE BY PARNERSHIP*

*THE CONSULTATIVE PROCESS*

Since the selection of a flag bearer NADD has held a press conference to
display the intention to be accountable to the national and international
media; participated in rallies in Brikama and Sukuta to test its popular
appeal and sent a delegation on a countrywide tour from 30th March to
11th April
to consult with opinion leaders throughout the country.

The progress report for the month after the selection of a flag bearer is
encouraging.

National/militant groups or fora are emerging with speed, these groups are
organizing contacts to hold joint initiatives for sensitization,
mobilization and organization of the people at the level of the communities.
Thousands of people have registered to be activists and will be issued with
identification tags. Elders' fora are being established and the demand for
cassettes and sensitization materials are expanding with enormous rapidity.

The consultative committee sent to meet people throughout the country
reported that their open dialogue with the people has created the basis of
greater understanding and has produced a fertile ground for NADD to earn the
trust and confidence of the people. The consultative committee has
distributed cassettes and sensitization materials far and wide and they
strongly recommend for the implantation of the NADD campaign structures to
maintain close links with the people.

They have emphasized that the people have accepted the NADD idea of having a
transitional Government after APRC rule to institutionalize democracy and
build a democratic culture in all spheres of life in the country; they
endorse the idea of having a President who will preside over a cabinet
comprising representatives of parties and of civil society in general for a
period of five years of rectification and then oversee the holding of a free
and fair election by a truly sovereign Independent Electoral Commission who
will then hand over to a democratically elected President without taking
sides in the election.

The Executive Committee has therefore divided the country into eight
operational Zones to be supervised by zonal coordinators assisted by zonal
sensitizers, mobilizers and organizers. Each Zone shall be divided into five
sectors to be supervised by sectoral sensitizers, mobilizers and organizers.
There shall be activists/militants fora or groups in each of the sectors to
work with the communities and compounds, URD is Zone 1, CRD (South) Zone 2,
CRD (North) Zone 3, LRD Zone 4, Sabach Sanjal to Kerewan Zone 5   Western
Division        Zone 6

Jokadu – Lower Niumi            Zone 7   Banjul KMC
                          Zone 8

The Executive Committee has decided to select the Zonal coordinators for
five Zones. Mr. Lamin Waa Juwara is elected the National Chairperson of the
committee of zonal coordinators. The names of the zonal Coordinators will be
announced next week.

The executive committee is urging women, youths and men to establish
activists/militants fora at home and abroad to promote NADD's objectives.
Groups a abroad who wish to be affiliated to NADD should request for the
prescribed form. Such groups must undertake to adapt their programmes and
practices to the letter and spirit of NADD's MOU and the MOU signed by the
parties in the Gambia.

So far the Save The Gambia Democracy Project (STGDP) and the Movement for
the Restoration Democracy of The Gambia in UK (MRDGUK) have accepted to be
whole hearted partners of NADD.

The Executive Committee will broaden its consultative exercise by meeting
religious and cultural leaders, Associations comprising civil society,
leaders of political parties in the country, foreign envoys and owners of
major enterprises to give assurance on how we intend to contribute to the
stability of the country now and how to ensure continuity of the environment
conducive to liberty, peace and prosperity if we succeed in the future.

We are scheduling a tour for Lower Niumi, Upper Niumi and Jokadu before the
end of the month to serve as the second phase of our major rallies. We
intend to hold five major rallies in each Zone before the 2006 Presidential
elections.

NADD is on course.

Forward with NADD!

Long live the Gambian people!

Long live Africa and her people!

Long live International Solidarity!

Issued by the National Executive Committee

30 Papa Sarr Street

Churchill's Town

*[log in to unmask]*

12th April 2006

* *

*NADD Elects New Chairperson***

*Landing Jallow Sonko Replaces Assan Musa Camara*

The Executive Committee of the National Alliance for Democracy and
Development had met to fill the vacancy of the office of Chairman of
Executive Committee of the National Alliance for Democracy and Development
created after the resignation of Mr. Assan Musa Camara.

The Executive Committee Observed that the role of Chairman should be
performed by one who is committed to the letter and spirit of the MOU and
the code of conduct of NADD and is determined to preside over the affairs of
NADD on the basis of such fundamental documents. The Executive Committee
Observed that the principal consideration in electing a person to be the
Chairperson of the Executive Committee is the attribute of having a
comprehensive knowledge of the contents of the MOU and the Code of Conduct
and having shown enthusiasm and consistency in practice in defending them.
In this light the members of the Executive observe that despite many
attempts to undermine PPP's representation in NADD Mr. Omar Jallow and Mr.
Landing Jallow Sonko had spared no effort in raising the banner of NADD high
and in proclaiming that from 2005 to 2011 they, in particular, and the vast
majority of the members of the decision making organs of the PPP as clearly
demonstrated in  a petition to the Executive Committee of NADD shall pioneer
the objectives of the MOU and adhere to the Code of Conduct of NADD.

In light of this clear demonstration of commitment to NADD's objectives and
principles in word and deed Mr. Landing Jallow Sonko, the former member of
Parliament for Upper Niumi from 1972 to 1994 is unanimously elected to
replace Mr. Assan Musa Camara. He became Parliamentary Secretary in 1975. He
was Minister for Local Government up till 1994.

The Committee wishes to assure the electorate that it will give Mr. Landing
Jallow Sonko its fullest cooperation so that he can preside over the most
important phase in the development of NADD, the phase of the decisive battle
for the Executive power to preside over the affairs of the Nation. The
members of the Executive Committee are convinced that with the team we have
we can draw lessons from the past to avoid all its pitfalls and shape the
type of future that our children will be proud of. We are convinced that the
team can give each Gambian youth a role model to emulate, rekindle the sense
of nationhood of our people by breaking the barriers of tribe, language,
gender, place of origin, open new doors in the corridors of our nation to
establish the type of relation befitting an African people belonging to an
African Nation.

In the same spirit we wish to thank Mr. Assan Musa Camara for devoting his
energy, resource and time, at his age, to preside over the establishment of
NADD. History will have record of his contribution in bringing about the
birth of a New Republic. founded on genuine respect for and defence of
fundamental rights and freedoms, unalloyed democracy and genuine commitment
social to justice.

Issued by the Executive Committee of NADD

30 Papa Sarr Street

Churchill's Town

*[log in to unmask]*

12 April 2006

* *

* *

*THE SEARCH FOR GREENER PASTURES*

*CONTINUES TO CLAIM LIVES*

*Nine Gambian Youths Perish At Sea*

*By Musa Barrow***

Due to the desperate economic situation in the country, thousands of Gambian
youths over the years have embarked on risky journeys across the sea with
the sole objective of reaching Europe, which they consider as the Land of
their Dream and salvation. These youths are often driven by the sheer and
object poverty which engulfed them and their families, and they see no other
solution to their depressive and deplorable conditions except putting their
lives at risk, in search of greener pastures in Europe. For some who managed
to survive the wild waves of the sea and entered Europe, after all, the
risky journey is worth taking as it makes a dramatic and positive impact on
their lives and most essentially on the lives of their families whom they
leave behind, not knowing whether they will see them again or not. For those
who fail to stand the gruesome test, their dreams turn into elusions as they
are either swallowed by the sea or left at the mercy of hunger and
starvation in the middle of the deserts thereby unleashing an absolute
nightmare and trauma on their families, which will continue to hunt them for
years.

Recently a boat destined for the Spanish Coast of the Canary Islands, left
the Mauritanian Coast loaded with fifty (50) youths of various West African
nationalities, only for it to be found two weeks later with just three
passenger alive. The remaining forty seven (47) passengers are reported to
have died of hunger as a result of running out of food, which also
culminated with the Captain of the boat getting lost and failing to trace
the right route.

According to sources, among the forty seven (47) youths confirmed dead,
there were nine (9) Gambians all of whom came from the Wuli West District.
They are: Alkalidinding Jabby, Yusupha Jabby, Janko Jabby, Ebrima Suwareh
and Janko Solo Ceesay from Taibatou village and from Sutukonding village,
Bukarie Kamaso and Mami Sillah. Mbembanding Sillah and Jalikoli Dambelleh
came from Bani and Kerewan respectively.



* *

*TWO DIE IN EX- PRESIDENT JAWARA'S CONVOY*

*By Surakata Danso*

Reports reaching this paper indicate that Ex-President Jawara's convoy, on
Sunday, the 9th April 2006, had a fatal accident leading to the death of two
of his ADCs. According to eye witnesses the former President was on his way
from his native village of Barajally where he went to attend a yearly
"Gamo", an annual religious gathering. The same source also confirmed to
this reporter that the accident happened near Panchang in the CRD North of
the Gambia River. The accident was caused by bush pigs crossing the road and
obstructing the driver, who was also driving at high speed.

On Monday the 10th of April 2006 the former President was seen at the
mortuary where he went to express his condolence to the families of the two
deceased security officers. He also went to the hospital to see those
wounded. The deceased were after wards transported to their villages in
Jarra and Kiang respectively, for burial. It is also confirmed that all the
wounded victims have been discharged except Sulayman Jawara, the son of the
former President's brother.

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