US Slams Gambia's Human Rights Record

by PK Jarju, Birmingham, UK

The US government have severely criticise the APRC regime of President Yahya Jammeh over its treatment and lack of respect to the rights and liberties of Gambians.
In its 2008 annual Human Rights, and Labour Report, released on Wednesday, the US State Department stated that over the past year, the Jammeh regime has committed many human rights abuses with impunity thereby creating a more restrictive environment for Gambians in the country.

Quoting a recent Amnesty International report, the State Department says the Jammeh regime's respect for the human rights of its citizens did not improve during 2008 and that human rights situation have worsen since a foiled coup attempt in March 2006.
" Although the constitution and law provide for protection of most human rights, there were problems in many areas. Prison conditions remained poor, resulting in deaths. Arbitrary arrests and detentions, often without warrants, continued. Security forces harassed and mistreated detainees, prisoners, opposition members, and journalists with impunity. Prisoners were held incommunicado, faced prolonged pretrial detention, held without charge, denied access to families and lawyers, and were tortured and denied due process. The government restricted freedom of speech and press through intimidation, detention, and restrictive legislation. Women experienced violence and discrimination, and female genital mutilation (FGM) remained a problem. Child labour and trafficking in persons also were problems," the report stated.

Prison Conditions
The State Department noted that conditions of the Gambia's prisons do not generally meet international standards and the government refused visits by independent human rights observers to detainees and prisoners connected to matters considered politically sensitive.

"Local jails were overcrowded, and inmates, including detainees awaiting trial, occasionally slept on the floor. Inmates complained of mistreatment by guards, poor sanitation, and inadequate nutrition, and often relied upon outside sources of food, which was allowed prior to conviction. Prison guards were reluctant to intervene in fights between prisoners, which resulted in injuries," the report added.

It further stated that despite attempts by prison officials to improve prisoners' nutrition and well-being during the year, there were unconfirmed reports of deaths of prisoners at the Mile 2 Prison due to poor diet, health, and living conditions.

Arbitrary Arrest or Detention
The State Department said although the Gambian constitution and law prohibit arbitrary arrest and detention, there were numerous instances of police and security forces arbitrarily arresting and detaining citizens.

It added that many people were arrested without warrants and detained beyond the legal 72-hours. It cited the cases of Businessman Alhaji Banta Kaira, Dodou Jobe, NIA financial director, Bakary Gassama, Lamin Marong and Ebrima Marong, Pastor Gideon A. Adeoye among others as an example.

Denial of Fair Public Trial
The State Department said although the Gambian constitution and law provide for an independent judiciary, in practise the courts, particularly at the lower levels, were corrupt and at times subject to executive pressure. It noted that during the year the president have removed three High Court judges without even consulting the Judicial Service Commission (JSC).

"Judges presiding over "sensitive" cases and who made decisions not considered favourable to the government risked being fired. On July 10, newly appointed High Court Judge B.Y Camara was dismissed, but later reinstated, without explanation, but unconfirmed reports stated his firing was linked to his handling of the trial of foreign fugitive Christopher Badjie. Also on July 10, Justice Haddy Roche, who in previous years made decisions not favourable to the government, was dismissed from her job without explanation. She was later reinstated as the presiding judge at the Commercial Division of the High Court. On September 11, Justice Naa-Ceesay Sallah-Wadda of the High Court in Banjul, was dismissed without explanation. Her firing was reportedly related to her decision to grant bail to British mining engineer Charles Northfield, who was arrested on February 12 when the mining license of his employer, Carnegie Minerals, was withdrawn. In late August Northfield jumped bail and fled to the United Kingdom. Justice Sallah-Wadda was also reinstated in her job," the report stated.

Political Prisoners and Detainees
The State Department said during the year, there were credible reports that the government held civilians based on their political views or associations and that some were held incommunicado for prolonged periods. It added that unlike the previous year, there were no reports that the government arrested and detained opposition members who publicly criticised or who expressed views in disagreement with the government.

Freedom of Speech and Press
The State Department said although the Gambian constitution and law provide for freedom of speech and of the press, the government limited these rights by intimidation, detention, and restrictive legislation.

It added that the deterioration of the Gambian media environment continued during the year and that the government harassed journalists who wrote articles it considered inaccurate or investigated cases it considered sensitive. As a result, the report said several journalists reportedly went into hiding out of fear of government retaliation.

Women and Children
The State Department said domestic violence, including spousal abuse, was a widespread problem; however, it was under reported due to the stigma surrounding such violence. It added that police considered reported incidents to be domestic issues outside of their jurisdiction. The report also said traditional views of women's roles have resulted in extensive societal discrimination in education and employment.

It added that Gambian laws do not prohibit female genital mutilation (FGM) and as a result the practise remained widespread. It said between 60 and 90 percent of women have undergone FGM, and seven of the nine major ethnic groups reportedly practised it at ages varying from shortly after birth until age 16.

Drop the bogus charges against Pap Saine

The International Federation of Journalists (IFJ) and its regional body the Federation of African Journalists (FAJ) yesterday called on President Yahya Jammeh and his government to drop what it calls 'bogus charges' against Pap Saine, editor and co- proprietor of The Point Newspaper, with immediate effect and to desist from the continued intimidation of the Gambian press.

In a press release issued yesterday, Gabriel Baglo, Director of the IFJ Africa office says: “The sequence of events concerning the editor of The Point Newspaper is a clear indication of systematic harassment and intimidation that is directed at crippling the paper and gagging press freedom. It seems that the Gambian authorities have specifically targeted the Point Newspaper, which is presently, the only independent daily in the country, in order to silence dissent views.”

On Monday February 2, Pap Saine was arrested and detained for eight hours and was eventually released on bail. He was later charged with the “publication of false information” and had already appeared in court. Pap Saine was later rearrested and questioned about his citizenship by the authorities. He appeared in court yesterday and today under this new charge and his case has been adjourned to March 11.

According the Gambia Press Union, “Initially, Mr Saine was brought before the Courts charged with one count of false publication in reference to a story captioned Arrested Gambian Diplomat now at Mile II. Reappearing today [Wednesday], a second count of false publication was added to the charge sheet for a story on its January 30th issue captioned Three Gambian Diplomats recalled. Saine is also due to reappear at the Banjul Magistrates Court (10kms away) the same day, at midday on a trial in relation to his citizenship.”

It could be recalled that in 2005 Pap Saine was arrested with two of his colleagues, by the authorities and his citizenship was also questioned. He was later cleared by the same authorities that are today once again questioning his citizenship.

Saine is now appearing in court for two different cases and the Gambia Press Union has expressed concern that the government is vengefully exploring possibilities to nail him down, even after bestowing a media award to him recently.

The IFJ calls on the Government of Yahya Jammeh to drop the bogus charges against Pap Saine with immediate effect and to desist from the continued intimidation of the Gambian press.

Gamcel to be sold

by PK Jarju, Birmingham, UK

Gambia's secretary of state for Finance and Economic Affairs have revealed that the Gambia government is planning to sell a huge chunk of its shares in the Gambia Telecommucations Cellular Company Limited (Gamcel).

Mousa Gibril Bala-Gaye made this revelation in a recent letter to Dominique Strauss-Kahn, managing director of the International Monetary Fund (IMF).

In the letter, Mr Gaye said the Gambia government will be offering a significant portion of its shares in the Gambia Telecommucations Cellular Company Limited [Gamcel] for sale.

Mr Gaye however, did not give any reason as to why the government is wanting to part with a huge portion of its shares in one of the most profitable public enterprise in the country

Gamcel was established by incorporation on November 16, 2000, as a limited liability company under the company’s Act of 1955. It is a wholly owned subsidiary of the Gambia Telecommunication Company (GAMTEL).

It began commenced business earnest on May 25, 2001 when the GSM network was launched, replacing the outdated analogue network (TACS) and has since being making huge profits.

Apart from 2007, Gamcel have registered huge profits year after year and have pumped millions of Dalasis into the country's economy.

In 2004, the company made a turnover of D313 million an increase in revenue of D39.6 million registered in 2003.

In 2005, it registered a total operating profit, before tax of D240.3 million, which, compared to the corresponding period as at end 2004, show an increase of D70.5 million, representing an increase of 41.49 percent.

In 2007, the company made a profit before tax of D163 million, a decrease of D79 million or 48 per cent over 2006.

In a similar development, Secretary of State Gaye revealed that the Gambia government have received US$28 million out of US$35 million from Spectrum Group, which bought 50 per cent shares of Gamtel/Gamcel in November 2007. He added that the said amount was received before government terminated the partnership agreement with Spectrum Group and negotiations are ongoing between the two parties for the settlement of the outstanding US$6.5 million

Gambia gets more financial assistance from IMF

The executive board of the International Monetary Fund (IMF) has completed the fourth review of the Gambia's economic performance under a three-year Poverty Reduction and Growth Facility (PRGF) arrangement, and approved an increase in financial assistance under the arrangement in an amount equivalent to SDR 6.215 million (about US$ 9.2 million) to help mitigate the impact of the global slowdown.

According to a press release from the IMF, the completion of the review allows for the immediate disbursement of an amount equivalent to SDR 5.11 million (about US$7.5 million)—including SDR 3.11 million (about US$4.6 million) from the augmented amount, bringing total disbursements under the arrangement to SDR 13.11 million (about US$19.3 million).

The press release added that the IMF executive board have also approved the authorities' request to waive the nonobservance of the fiscal basic balance performance criterion, and to modify quantitative performance criteria for end-March 2009.

The PRGF arrangement for The Gambia was approved on February 21, 2007 for an amount of SDR 14 million (about US$20.7 million).

Following the executive board's discussion, Murilo Portugal, deputy managing director and acting chair, said: "The Gambian authorities are to be commended for the satisfactory implementation of their PRGF-supported program and their commitment to prudent economic policies, which have contributed to robust growth and moderate inflation. Nevertheless, The Gambia has not been spared from the effects of the global economic crisis, with international reserves declining and the current account deficit widening as a result primarily of reduced income from tourism and remittances.

"The authorities remain committed to achieving sustained growth and poverty reduction by maintaining fiscal discipline, reducing the still high debt level, and promoting private sector development. The authorities will increase the share of budgetary resources allocated to poverty reduction, in line with the priorities of their poverty reduction strategy, and in order to make faster progress toward achieving the Millennium Development Goals (MDGs). The authorities intend to review the system of investment incentives to improve the climate for private investment while maintaining fiscal prudence.

"Fiscal policy is being strengthened to ensure long-term fiscal sustainability. The authorities have appropriately scaled back their expenditure plans to partially compensate for the contraction of revenues. They have also maintained the retail prices of petroleum products at current levels to allow for some recovery in government revenues. Going forward, it will be important to improve the revenue base, rationalize taxation, better align the budget with PRSP priorities, and further strengthen public financial management.

"The commitment of the Central Bank of the Gambia (CBG) to maintain a monetary policy designed to keep inflation at single-digit levels is commendable. The authorities are appropriately planning to rebuild international reserves in order to provide a stronger buffer against adverse external developments, and the augmentation of access under the PRGF arrangement will provide helpful support in this regard.

"The Gambia remains at high risk of debt distress, even after receiving HIPC and MDRI debt relief, due to high levels of debt in relation to exports and vulnerability to external shocks. It is important to expedite the formulation of a national debt strategy to guide government borrowing decisions and ensure long-term sustainability. As much as possible, there should be reliance on grants to finance the country's development programs," Mr. Portugal said.

The PRGF is the IMF's concessional facility for low-income countries. PRGF-supported programs are based on country-owned poverty reduction strategies adopted in a participatory process involving civil society and development partners and articulated in the country's Poverty Reduction Strategy Paper. This is intended to ensure that PRGF-supported programs are consistent with a comprehensive framework for macroeconomic, structural, and social policies to foster growth and reduce poverty. PRGF loans carry an annual interest rate of 0.5 percent and are repayable over 10 years with a 5½ -year grace period on principal payments.

Time for Change

Coming into existence of the Gambia Moral Congress (GMC) is a welcome development in our country’s democratisation.

Many like me know Mr Fatty as intelligent, hard working and enthusiastic person. There is no doubt that he will give Jammeh and the APRC a good run for their money in the coming months and years. That is if he commits hundred and ten per cent effort.
All Gambians know that President Yahya Jammeh and his AFPRC/APRC government have failed the Gambian people woefully. Jammeh has brought nothing meaningful to the Gambia except retrogression, hardship, and endless sufferings epitomised by skyrocketing prices of basic commodities.

Despite being in power for more than 14 years, the regime is unable to provide a good standard of living for the average Gambian 59 per cent of whom continue to be born in poverty, grow up in poverty and disgracefully die in abject poverty.

Jammeh is a brutal dictator, who has no respect for rights and freedoms of the citizenry. Gross human rights violations are being committed left, right and centre by men in uniform with the blessings of the president against the civilian population they swore to protect. The Gambian people are today living in a state of fear resulting in a situation where they are afraid of their ruler instead of the leader serving them.

Gambian people are fed up with Jammeh. They are tired of waking up everyday and seeing their president getting fatter and fatter at their expense while they suffer with starvation and malnutrition. They are sick of being unable to meet the rising costs of living while the president and his associates divert public tax money for flamboyant life styles. They are tired of being held to ransom by a president who is being paid from their taxes. They are sick of seeing a president who does not have their interest at heart. They hate a president who wastes millions of Gambian Dalasi to feed exotic animals in his Kanilai zoo while the population cannot afford a decent three squared meals. They hate to see a president who treats them like kids and swears Billahi Wallahi Tallahi at them.

Gambian people are looking for change but for the past many years, they lack a real leader to lead them out of this political madness. Frustration and bitterness of the Gambian people towards the Jammeh regime can be felt and seen in our streets, work places, ghettos, everywhere- and anger is brewing just beneath the surface. They just need a capable leader to drill the brewing anger out through the polls.

Current opposition leadership in the country looks out of touch with the people and does not have an idea how to win an election. Politically, the opposition don't pose any threat to Jammeh.

Some opposition parties are all hiding in their shells and running their private businesses. They are not providing effective alternative to the people.

You log on your computer or open your newspaper everyday hoping to see them selling their party polices and programmes. You expect to see them speak against the thuggish regime of Yahya Jammeh, the sufferings and hardship of the people among other pertinent issues. Yet they are nowhere to be seen.

The more they remain silent about issues affecting the country, the more ordinary Gambians become frustrated. Of course the more Jammeh maintains a firm grip on the reins of power.

One of the greatest weapons Jammeh is using against Gambian people is FEAR. Knowing that we are peace loving people, he employs all sorts of scare mongering tactics to harass and intimidate us into believing that he is indeed the Chosen One. He portrays himself as the only one who can guarantee peace and stability in the country and that without him the Gambia will be engulfed in flames. Funnily, many people have bought that idea forgetting that the Gambia has been a very peaceful country even before Yahya Jammeh was born.

Inactiveness of the opposition has made many Gambians to lose confidence in democracy. Many believe is Jammeh can never be removed through the ballot box. The opposition is doing little or nothing to give Gambian people hope.

Gambia Moral Congress (GMC) can make a real difference if it chooses being a party that is truly committed in freeing enslaved Gambians. It should learn from past mistakes of other opposition parties. Instead of waiting until 2011, they should start a massive familiarisation tour and hold political rallies in every town and village in the country selling the idea of change to the grass-root.

They should start talking to anyone and everybody will listen about how Jammeh has been bad for the Gambia and bad for them. Gambian people are very aware of the hardships they are going through. A well coordinated political engineering will surely yield the much needed changes for our country.

Local organising committees should be established in all towns and divisions mandated with the responsibilities of conducting monthly meetings as well as delivering the message of change. This will give hope to people and to let them know they being opposition does not mean they hate the Gambia. They have to differentiate between Yahya Jammeh and the Gambia. The people need to be told that the country does not belong to Jammeh and that while Jammeh as and individual will be history, whether today, tomorrow or day after, the Gambia which as home to 1.5 million people will remain forever until the end of time.

This may seem very difficult because of the harassment of opposition supporters by the NIA and police. However a determined and strong body can make huge difference.

However, the GMC should also bear in mind that there is no easy walk to freedom and success. They will be folding the sleeves against a brutal dictator, who regards himself as god and wants everyone to worship him. Therefore, they should be prepared to pass through the valley of the shadow of death again and again before they reach the mountain tops of their desires.

The GMC membership must also know that their struggle to salvage the Gambia will be a very bitter one. Some of them will be arrested and charged with sedition, arbitrarily detained, or killed. They will be terrorised by Jammeh's security officers in an effort to deter their progress. A possible good advice for them is that, they should never lose focus. The more determination and courage they display in their match, the more members they will have to flush Jammeh out. They should always remember that the labour power of the Gambian people is a force, which when fully tapped can bring about the much needed changes in our land of birth.

For comments, write to papak196@yahoo.co.uk or info@allgambian.net