The conviction of EBRIMA SAWANEH and his colleagues last week is the climax of the continuous erosion of the freedom of speech which started with APRC decrees No 70 and 71.
Whilst there is no dispute that every government to enact laws and provide for the appropriate mechanism for these, no government has the moral authority to deprive any class of citizens the right of freedom of expression of views and opinion by the use of archaic colonial legislations that have lost relevance in their countries of origin.
Media Practitioners(the Private) press have valiantly warded off the evil effects of decrees No 70&71 and the Newspapers(Amendment) Act 2004 by the proprietors and managers of various media houses fulfilling the stringent conditions stipulated in these Decrees and Act.
The current administration in the Gambia that falsely prides itself as a democratic one took umbrage under the now repealed section 210 of the constitution to enact the ill-fated National Media Commission Act which itself was repealed.
The administration’s inability to use the Media Commission Act to suppress the free press in the Gambia led it to craft other obnoxious amendments to the Criminal Code in 2004 by providing for mandatory six months imprisonment without an option of fine for Sedition and Possession of seditious publication redefined libel (criminal) and provided for “a term of imprisonment of not less than six months without an option of fine”.
The 2004 amendment created the offence of false publication and broadcasting imposing the same punishment as it does for sedition and libel. Realising that the 2004 amendment to the Criminal Code has not produced the desired negative effect on the independent media, the administration enacted yet another press muzzling legislation in 2005 which amended sections 51,178 and 181A of the Criminal Code by increasing the sentences provided for to range from a fine of not less than D50, 000 to no more than D250, 000 or imprisonment of not less than two years and not more than five years.
These amendments show how the administration has resorted to the use of legislation to scuttle the growth of a free and vibrant press in the Gambia. It shows how an unscrupulous regime can give an aura of legality and lawfulness to its objective of restricting freedom of expression guaranteed by the Constitution. No journalist exercising his right to publish any material and no person exercising his right to freedom of speech and expression has a right to malign others or without justification defame others. It is equally true that no one whatever his position in society has a right to make any statement that is derogatory, contemptuous or insulting to any person. Those who enjoy certain constitutional privileges and immunities must be circumspect and well measured in their remarks about other people.
We do not question the legality of the conviction and sentence imposed on Mr. Sawaneh and his colleagues. We however question the moral justification for their trial and subsequent conviction and sentence when one considers that the two media houses reproduced the reaction to some aspects of the President’s interview with KEBBA DIBBA of GRTS.
We are also concerned with the custodial sentence because it is bound to have adverse effects on the media houses these imprisoned journalists work for as well as the Gambia Press Union. Messers Sawaneh, Pap Saine and Pa Modou Faal all working for the Point Newspaper whilst Sam Sarr and Bai Emil Touray both work with Foroyaa Newspaper. Any objective and dispassionate on looker cannot but conclude that the sentences are meant to close down these Media Houses.
Sarata Jabbie Dibba, Bai Emil Touray, and Pa Modou Faal are respectively the Vice President, Secretary General and Treasurer of the Gambia Press Union. The custodial sentence imposed on them coupled with the absence of the President of the GPU from The Gambia will greatly hamper the effective functioning of the GPU-the result a press union on paper.
The other moral dimension about the custodial sentence relates to Sarata Jabbie Dibba’s participation in the publication of the seditious and defamatory matter might be, consideration ought to have been given to her peculiar condition. The Children’s Act does envisage people in Sarata Jabbie Dibba’s situation and accordingly directs all courts in sentencing an expectant or a nursing mother to consider the imposition of a non institutional (custodial) sentence as an alternative measure to imprisonment.
The trend in the world is to ‘de-criminalize speech.’ This is in accord with all modern Constitutions. The Gambia should not be an exception to this. The Gambia proposed to and lobbied other African governments to agree to the adoption of the African Charter on Human and People’s Rights-the Banjul Charter. This Charter provides for freedom of the press and freedom of expression.
We need not to move beyond rhetoric and give concrete expression to our commitment to respect the rights of the media and media practitioners. We must do all it takes to demonstrate to our African brothers and others outside African that the Gambia is a deserving host for the African Centre for Democracy and Human Rights Studies as well as the African Commission on Human and People’s Rights.
The Jammeh administration should as a matter of urgency introduce a bill in the National Assembly to repeal these oppressive legislations that curb the freedom of speech and the press.
England, unlike the Gambia, does not have a written constitution to enforce and interprete; indeed it has no Bill of Rights in the 1880s to enforce but a distinguished Judge in dealing with sedition and freedom of speech said’ You will recollect how valuable a blessing the liberty of the press is to all of us, and sure I am that the liberty will meet no injury-suffer no diminution at you hands”.
Let the Jammeh administration take note of this and as a first step to halt injury to the liberty of the press order the immediate release of Mr. Sawaneh and his colleagues. The immediate release of these great servants of the public will not only assure press freedom but will also unite SARATA JABBIE DIBBA with her seven month old baby who is in great maternal care and comfort and this is a right every Gambian child is entitled to.
UNITED DEMOCRATIC PARTY
SECRETARIAT, BANJUL
10 AUGUST 2009
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