"We call on all Gambians to rededicate ourselves to the principles of
putting the national interest before any personal interest and to the
Republican ethos that power is only legitimate if it is derived from
the consent of the people and if it is exercise to empower the people
and promote their general welfare".
Halifa Sallah
Flag-bearer /Presidential Candidate of NADD
Issued on behalf
Kejau Touray
www.bfaml.com
________________________________
From: The Gambia and related-issues mailing list on behalf of Kebba
Dibba
Sent: Fri 31/03/2006 19:35
To: [log in to unmask]
Subject: The State Of The Nation by Halifa Sallah
NATIONAL ALLIANCE FOR DEMOCRACY AND DEVELOPMENT (NADD) PRESS RELEASE
---------------------------------
28TH March 2006
Compatriots, our beloveth nation is going trough a storm and stress
period after a public notice was issued that a coup d'etat has been
foiled. Since then the arrests and detention of military and law
enforcement personnel have increased. Civilians are no exception.
It is incontrovertible that uncertainty has gripped the minds of many
people as to where all the developments will lead us to.
It is the view of the NADD leadership that to preserve the territorial
integrity of a sovereign nation and ensure that justice, peace and
development prevail is the collective responsibility of our sovereign
people. In short, a nation easily heads towards catastrophe where most
of its citizenry become mere spectators who transform life and death
situations into a national drama which they watch at a distance with
occasional interjections of surprises and disbelief. Wisdom teaches us
that what can affect the lives of everyone in a nation is too
important to leave to the hands of a few to handle, no matter how
highly placed they may be in managing state affairs.
These are times that require early responses to contain the situation
and prevent it from deteriorating. It is the view of the NADD
leadership that in circumstances where the government is engulfed with
conflict, it is the duty of other National opinion leaders to
undertake the responsibility of peace making and peace building.
This responsibility cannot be assumed with effectiveness without
embracing the facts as they are. This is what compelled us to
interrogate events as they unfolded to know their causes and
consequences.
The NADD leadership has been following the intensification of the two
pronged attack by the Senegalese and Guinean Armed Forces against the
MFDC faction under Salifu Sarjo, Prior to the unfolding of events in
our country. Furthermore, we followed with interest the developments
in our capital since Tuesday 21st March 2006. The movement of troops
in the capital and the restriction of traffic to Banjul on Tuesday
attracted the attention of many concerned Gambians who were trying to
make sense of the developments. The concerns became heightened when it
was reported that the president had returned earlier than expected. On
Wednesday morning 22nd March 2006, I kept all members of the executive
informed of all developments that came to my notice. A meeting of the
NADD Executive scheduled for Wednesday, 22nd March, to consider a
concept paper regarding our strategies and tactics for the forthcoming
presidential election had to be suspended to enable us to get a clear
picture of
what was going on in the country. This confirms that the problem of
the country is our concern just as it should be the concern of every
sovereign Gambian.
We therefore asked concerned persons all over the country to be alert.
We did not notice any strange movements in Farafenni, Kudang, Basse,
where there are significant military encampments. The information from
official quarters mentioned about routine surveillances and an
attempted coup. However, there were no visible military activities in
any of the barracks. It was by midday of Wednesday 22nd March 2006
that the government issued a press release indicating that the
Ex-Chief of Defence Staff of the Gambia Armed Forces, Colonel Ndure
Cham was involved in an attempt to overthrow the government. Since
then it has come to our notice that people are under arrest. Colonel
Ndure Cham is reported to be at large.
How does the NADD leadership see all this developments? What is the
way forward?
As of Monday 27th May, 11 senior commissioned officers and 1 private
soldier were under arrest. The statements of some of those attested
over the Radio and TV indicates that a coup d'etat was in the making.
According to what is broadcast over the air the brain behind the coup
was the Chief of Defence Staff. It is claimed that he was working
through the officers in the different sectors who were assigned
specific tasks to handle specific aspects of the operation without
being linked to others. The impression is given by ex- Director of
Immigration Jassey that the command and control exercised by the
Ex-Chief of Staff crumbled when his role was leaked.
The picture which appeared hazy at first is now becoming clearer once
the pieces are put together.
The officers interviewed seems to be saying that only the operational
commanders were aware of their specific role and that they trusted
that their Chief of Defence Staff would be in charge of all the
command and control structures.
The statements issued in the broadcast gave the impression that once
the alleged coup was leaked they lost contact with the Chief of Staff
which led to stagnation and a wait and see attitude.
This is the notion one can deduce from the information received from
the broadcast.
The lessons are clear. At this very moment, many senior members of the
GNA are implicated. How they behave under arrest will say a lot about
the integrity of the Armed Forces.
How these officers are treated and the exposures they are put will
enhance or undermine national security. It is important that they are
allowed to maintain the dignity of the army even under arrest. If they
are allowed to break before the gazing eyes of the international
community, the Gambia Armed Forces will also not emerge with a defence
of its international self-respect. If ex-officers are presented as
cowards on TV, the wrong message will be sent regarding the kind of
fibre and armour that men and women of the Gambia National Army are
made of.
Hence the government needs to apply the best method to investigative
techniques and rely on high grade intelligence to come to definite
decisions regarding the culpability or otherwise of those arrested.
The more the investigators rely on procedures that are in line with
fundamental rights and freedoms and international law, the more
justice will be seen to be done. What is needed is to get to the
bottom of the truth without violating fundamental rights and freedoms.
The second consideration that the government needs to make in handling
this matter is the role it is given to mediate in the Casammance
conflict. How the president handles his own conflict will determine
the weight that will be given to his mediation efforts.
Shortly, the government has also accepted to host the AU Summit.
Arrests and detention without trial would undermine the image of the
country. There is need for speedy investigations and court appearances
to facilitate the granting of bail or lawful detention through court
order.
As for the members of the armed forces, it is important for them to
bear in mind that the African Union has already taken a stand on coup
d'etats. Article 4 paragraph P of the Constitutive Act of the African
Union calls for the rejection of all unconstitutional changes of
government. Hence they should know that it would have bee very
difficult to recruit anyone who is committed to the ideals of the
African Union into an interim government. The best role for a soldier
is to be an ally of the democratization process in the African
continent. They should just be committed to defend their people and
the sovereignty of their country.
Hence, those democratically minded security forces who are loyal to
the state but are dissatisfied with the way it is governed should wait
until it is their time to vote to cast their ballot for the person of
their choice.
Needless to say, the task before the rest of the population is clear.
Security and army personnel, journalists advocates and civilians need
protection of our African governments have accepted to establish a
peace and security council because of civil wars that have outraged
the conscience of the African people. They want the council "to
promote peace, security and stability in Africa, in order to guarantee
the protection and preservation of life and property, the well being
of the African people and their environment, as well as the creation
of conditions conducive to sustainable development."
The clarion call of the continent is that wherever conflict occurs
peace building and post conflict reconstruction activities should be
undertaken to consolidate peace and prevent the resurgence of
violence.
On the other hand, where violence is yet to unfold our duty as
Africans is "to promote and encourage democratic practices, good
governance and the rule of law, protect human rights and fundamental
freedoms, respect the sanctity of human life and international
humanitarian law as efforts to prevent conflict."
The standards of best practice to safeguard peace and security in a
country are very clear. They should be applied at all times to guide
the destiny of the continent. We in NADD will add our voice for the
convening of the Inter Party Committee meeting to provide a conducive
environment or tolerance and the holding of free and fair election.
What they have started as a coup in the making is now history. What is
left is the gathering of evidence to initiate prosecution or release
the detainees for lack of it.
It is therefore necessary to remind the law enforcement officers of
the fundamental principles governing arrest and detention in the
Gambia. The offices of the Independent Newspaper has been closed by
security forces. Its managing director and editor in chief are now in
Police custody. They have no access to their families No reason has
been given for the arrest.
Section 19 subsection (2) of the constitution states that "Any person
who is arrested shall be informed as soon as is reasonably practicable
and any case within 3 hours, in a language that he or she understands,
of the reason for his or her arrest or detention and of his or her
right to consult a legal practitioner."
Subsection (3)(b) adds that "Upon reasonable suspicion of his or her
having committed, or being about to commit, a criminal offence under
the laws of The Gambia, and who is not released, shall be brought
without undue delay before a court and in any event, within
seventy-two hours."
Subsection (5) further states that: 'If any person arrested or
detained as mentioned in subsection (3)(b) is not tried within a
reasonable time, then without prejudice to any further proceedings
which may be brought against him or her, he or she shall be released
either unconditionally or upon reasonable condition including, in
particular, such conditions as are reasonably necessary to ensure that
he or she appears at a later date for trial or proceedings preliminary
to trial." Let us allow the due process of law to take its course.
We do not have a state of emergency. The fact that the president could
walk in the street of Banjul to interact with the crowd is a proof
that we do not need a state of emergency. However, even under a state
of emergency, fundamental rights are to be protected to avoid people
being subjected to inhumane and degrading punishment. When people are
not entitled to visits they can be abused. This is why section 36(1)
of the constitution states that even under a state of emergency:
"Where a person is detained by virtue of or under any Act of the
National Assembly referred to in section 35, the following provisions
shall apply-
(a)he or she shall, as soon as reasonably practicable, and in any
case not later than twenty for hours after the commencement of the
detention, be furnished with a statement in writing specifying in
detail the grounds upon which he or she is detained; and the statement
shall be read, and, if necessary, interpreted, to the person who is
detained in a language which he or she understands;
(b)The spouse, parent, child or other available next-of-kin of the
person detained shall be informed by the authority effecting the
detention and shall be permitted access to the person concerned at the
earliest practicable opportunity, and in any case not later than
twenty-four hours after the commencement of the detention;
(c)Where none of the persons mentioned in paragraph (b) can be
traced or none of them is willing and able to see the person detained,
the person who is detained shall be informed of this fact within
twenty four hours of the commencement of the detention and he or she
shall be informed of his or her right to name and give particulars of
some other person who shall have the same right of access to the
person who is detained as any of the persons mentioned in paragraph
(b);
(d)Not more than fourteen days after the commencement of his or her
detention, the authority which effected the same shall give notice in
The Gazette stating that he or she has been detained and giving
particulars of the provision of law under which the detention is
authorized;
(e)Not more than thirty days after the commencement of his or her
detention, and after that at intervals of not more than ninety days
during the continuance of his or her detention, the case of the person
concerned shall be reviewed by a tribunal as provided in subsection
(2);
(f)The person who is detained shall be afforded every possible
facility to consult a legal practitioner of his or her choice who
shall be permitted to make representation to the tribunal appointed to
review the case;
(g)At the hearing before the tribunal appointed for the review of
his or her case, the person detained shall be entitled to appear in
person or by a legal practitioner of his or her choice and at his or
her own expense.
Every historical situation comes with its demands and urgencies.
A nation has internal and external concerns to bear in mind if it is
to safeguard its internal and external security. Adhering to the
standards of best practice in the dispensation of justice, at all
times, is the surest guarantee to peace and security.
We call on all Gambians to rededicate ourselves to the principles of
putting the national interest before any personal interest and to the
Republican ethos that power is only legitimate if it is derived from
the consent of the people and if it is exercise to empower the people
and promote their general welfare.
Halifa Sallah
Flag-bearer /Presidential Candidate of NADD
Issued on behalf of the Executive Committee of NADD
---------------------------------
Yahoo! Photos - NEW, now offering a quality print service from just 8p
a photo.
いいいいいいいいいいいいいいいいいいいいいいいいいいいいい
To unsubscribe/subscribe or view archives of postings, go to the
Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to:
http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
いいいいいいいいいいいいいいいいいいいいいいいいいいいいい
いいいいいいいいいいいいいいいいいいいいいいいいいいいいい
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
いいいいいいいいいいいいいいいいいいいいいいいいいいいいい
|
