Right Father Mose. Isn' it ironic that their actions are leading them to the 
very thing they fear most - civil unrest? So is the paradoxical absurdity of 
despotic actions.

Baba


>From: Musa Jeng <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list              
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: questions and more questions
>Date: Wed, 29 Aug 2007 02:22:57 +0000
>
>"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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