Democracy Watch Gambia (DWG) has expressed what it called ‘legitimate concerns’ about the respect for the rule of law and democratic virtues in the Gambia.
The newly constituted civil society organisation whose primary objectives are, among other things, to participate in the dynamic process of preserving democracy and the rule of law Banjul has called on the regime of President Adama Barrow to respect the dictates of the provisions of the Gambian constitution.
In a letter to Mr Barrow, the group said: “From what we gathered, on Monday 23rd Jan 2017 you appointed the Mrs Fatoumata Tambajang as Vice President (VP) of the Republic. Following this, questions were raised as to the Constitutionality of such an appointment. However, to date no concrete clarification has been made in respect of those concerns nor has the appointment been rescind as required.
It is however worthy of note that as per available information, Mrs Fatoumatta Tambajang was born on the 22nd October 1949 which suggests she is aged 67. Unless there is available information to rebut this, her appointment continues to be in breach of Section 70(2) of the Constitution which states:
“A person shall be qualified to be appointed as Vice-President if he or she has the qualifications required for the election of the President under section 62. Provided that the Vice-President shall not be a member of the National Assembly.”
The referenced Section 62 bears an expressed age restriction of 65years and below effectively barring all persons aged 66years and over from being appointed as VP.
It is also important to point out that on the 30th Jan 2017; Mrs Tambajang attended the 28th Ordinary Session of the Assembly of Heads of State and Governments of the African Union on behalf of your Government despite not being sworn in as a Cabinet member which is mandatory under Section 70(7) which states:
“A person appointed as Vice-President shall, before assuming the functions of his or her office, take and subscribe to the prescribed oaths.”
Having given an undertaking to provide proof that Mrs Tambajang “is 64 years old” or words to that effect in response to a journalist during a subsequent press conference, nothing to this effect has been provided to date which is regrettable. Following your decision on the 22nd Feb 2017 to appoint the aforementioned as Minister of women’s affairs “overseeing” the office of the VP, it is now reasonable to conclude that the suspicions surrounding her VP appointment are valid in which case it is right and proper for such to be immediately rescind in the interest of the respect for the rule of law.
We would like to highlight that the discretion in respect of Cabinet appointments under Section 72(1) is in letter and spirit restricted to expertise and competence only. Such does not constitute discretion to assign person(s) to “oversee” posts which they are already Constitutionally barred from holding otherwise the same can be employed to defeat the purpose of Section 71(2) as well which bars National Assembly members and non-Gambians from serving in cabinet and non legally qualified persons from serving as Attorney General.
This being the case, such cannot be relied on to justify the decision in question nor is/are there any other Constitutional provision(s) conferring any such powers to constitutionally validate the aforementioned assignment to “oversee”. This move, if not rescind will have the effect of setting a very self-defeating precedence which will mare the legacy of your presidency and government for quite a long time. This will without any shadow of doubt not win you any favours from your current support-base and citizenry and it is indeed quite frankly very unnecessary.
In another development, it has been alleged that your government are on course to table amendments in respect of the upper age limit restrictions contained within sections 62 and 70 and the increased deposits contained within the Elections (Amendment) Act 2015. Whilst there may be legitimate reasons in favour of amendments to the latter, it is not in the public interest and it is inconsistent with democratic virtues to rush through amendments to sections 62 & 70 to purposely serve what appears to be a personal urge and interest whilst amendments to a zillion other undemocratic provisions contained within that 1997 Constitution remain pending.
This will indeed be a tall order which will not go down well with people nor encapsulate your government as a force for the envisaged change. If the above is the case at all, we hope you will in the interest of the respect for the rule of law gazette the proposed amendments in line with sections 101(3) and 226(2) of the Constitution.
May we also point out that the democratic decision by the Gambian people on the 1st Dec 2016 to replace a regime which, among other things had no regard / respect for the rule of law was effectively an equivocal instruction to you as the change candidate to give effect to democracy, the rule of law and to end the historic contempt for our Constitution. With that said it is in our view hugely important that you and your government take all necessary steps within your reach, means and capacity to fulfil, strengthen and preserve the rule of law and those democratic virtues envisaged by the citizenry whose historic and voluntary democratic exercise delivered this new Gambia. We think we can say with confidence that we can speak on behalf of a majority of the Gambian people in saying that anything short of the aforementioned will by all democratic measure be grossly unconscionable and may not be easily forgiven.
Despite the apparent chasm between what people thought was being voted for and what is currently being delivered, we are still strongly of the belief that you and your government value and respect our existing laws as enshrined in the 1997 Constitution of the Gambia and likewise the legitimate concerns of your citizens and civil society from whom your democratic mandate to govern is derived. Given this, we are confident that the subject matters of this correspondence will be sufficiently revisited and revaluated with a view to addressing them soon, rather than later.
We the undersigned would like to use this opportunity to state that in the event these matters are not addressed, we do not rule out legal action under section 5 of the Constitution in order to ensure that the dictates of our Sovereign Laws are respected, upheld and accordingly enforced.
We hope we have provided sufficient information to assist you in your evaluations with regards to the relevant matters. However, should you require further information or wish to get in touch for any reason, please do not hesitate to contact us at democracywatch.gam@gmail.com.”
Let’s stop splitting hairs. Note that Barrow administration needs a steady hand to guide them. FJT is competent and her experience and skills are valuable. The needful is being done as we speak and there are processes introduced to amend our constitution to make it legal for her to serve as she should. A more disturbing and dangerous trend should take center stage. That is the illegal detention of Fatou Badgie. This act should be condemned by all Gambians and we must ask in one voice with clarity for her immediate release.
Unskilled team act’s like super power without any signs of dialogue with the opposition parties , luxury lifestyle spending£500,000 a week in kololi sacking all Jolla’s are not in my name our votes is for peace , election are coming Mammah Kandeh get ready , viva Gambia
=peace# a sitting government does not have to discuss anything with the opposition. The government only has business with the National Assembly. And this government is doing a great job working with the National Assembly as evident in the recently passed bill to raised the age limit of president and vice president from 65yrs to 75yrs. That’s how democracy works. Your lack of knowledge into how government works is scary. You need to try and do some research into the mechanisms of government and governance to educate yourself a little bit more. And can you please stop making unfounded accusations. Can you please give us the names of “all Jolas” who are sacked as you said.
Sanyang you are fake as you said you know everything !!!
Transparency calls for honesty and sincerity, and say or accept reality, whether it be afavor or not !! Lies only last 3 days
=peace# can you quote where I have ever said that I know everything? It just shows how shallow you are. How can you lie so easily when my comments are available for everyone to see and read? It is not my fault if my analysis of situations make you feel stupid and dumb. You can try and educate yourself more to improve your analytical skills. If the discourse is too intellectual for you then may I suggest that you go and lie in a dark room and rest your pea size brain. I don’t mind you calling me fake or whatever adjective you may have in your limited vocabulary as much as you want but do not lie about what I said. If you want to quote me then make it verbatim. Lets keep things real bro.
Stop fighting yourselves Brothers.. You guys should instead generate some Support together for your new government and give People a chance to grow.
Build your Country which had been thrown into ruins by a merciless Dictator who only funnelled money to his family.. Whatever (Criticism) does not kill you makes you stronger and Respect each others Differences. Kindly Assess a situation first, respond appropriately, and seek help when necessary that will help all of you overcome being teased or insulted.
Peace or what ever u Call ya self,you are an idiot straight,why do u hate mandinkas,or is it jammeh who plant his tribalism in u,you will all fail bcause Gambia belongs to all of us but the mandinkas are d majority so if u or any other Person,politician thinks that by insulting or hating us will bring anything fruitful for u then i think u better try a different thing..Sayang pls just ignore him..hurrensohn
“Bucky Amnuna” Match! Teeyeal Len Ko Bala Mo Tacca Decca Bi”, so says Wollof Njie. The “Hyena” has a match, No place and no one is safe including the “Hyena”. Need I say more? May be I should. For the most part, African Soldiers are not known for their Democratic Principles, especially when they are in power. On the other hand, Civilians are expected to be different in all aspects of governance. Therefore, a Civilian government should be held to an even higher Ethical, Moral, and Egalitarian Democratic Principles and Practice Standard. Anything less, would be Cynical and a Betrayal of the Citizens and Electorate that elected them But Coronated or Imposed them on themselves. Men who a little more than three months ago, were Spouting off Democratic Principles and the Rule of Law, are now the Executioners of the Democratic Principles and the Rule of Law they once Spouted out at the top of their lungs. What a joke, if it was not a matter of life and death for some poor old lady, woman or child who happens to Not hate APRC, or its government, getting arrested for the alleged crime of “insulting the current president”? What indults and names have not been thrown out, at, and about on former President Yaya Jammeh? If anyone was arrested, they should not have been arrested. At the same token, even, if were true that Adama Barrow- Dough Boy was insulted, since when did such become a crime? When Ousainou Darbo, Mai Fatty and Adama Barrow Usurped the Democratic Dispensation that a Cross Section of Gambians fought for and won in 2016? GAMBIA is Slowly but surely heading to a point of No Return and the Losers are going to be those who have it in their hands and want to “Sossal” Only their Kin or Ethnic Group. Oga, We No Gree, Oo! Ounna Take Am SA Fu, SA Fu. Make Unna No Bon Uself. Give a rope to the fool and he/she will hang themselves. Do not Push the Other Gambians Arround…Too Far. Gambia is more than the Sum total of One Individual, One Ethnic Group or Region. One Gambia, One People, One Destiny.
DESPOTIC, UNILATERAL, AND UNCONSTITUTIONAL ETHNIC GROUPS POLITICS THREATENS TO TEAR GAMBIA APART:
In a country which is estimated right or wrong to be about 40% a certain Ethnic Group, and the same Ethnic Group had representation at all levels of the country’s government during the Second Republic and former President Yaya Jammeh, any human sacrifice would have to be Serviced in part by members of the Ethnic Group. The alleged “human sacrifice” and torture would not be possible without the full blessings and participation of the estimated 40% Ethnic Group having their Hands, Feet, and Clothes Bloodied by the Victims. Those who Shout the loudest and with Vitriolic favour, are in fact Complicit in the allegations they Peddle with Malice. Having not been in the Country, for a First hand witness, but having Second hand information through “Radio Kankan”, One can logically and reasonably deduce and conclude that even the Current UDP Leadership were Directly and Indirectly Complicit and Involved in any and all alleged human sacrifice and torture in the Gambia during the First and Second Republics. It is rather telling that some of the Opposition Party Members who reportedly have or are in possession of information that can Implicate and Sink not only the Political Careers of UDP Leadership, are being bought off and Offered Positions in the Ousainou Darbo , Mai Fatty and Adama Barrow Regime. This is an Unconstitutional Regime, unless it is Dissolved and Elections held within the Required Provision (s) Mandated by the 1997 Constitution under which Adama Barrow, Mai Fatty and Ousainou Darbo were Duely Sworn in as Cabinet ministers of a Coalition Government. Caveat, the Constraints of Constitutional Democracy and Law, is still waiting its Proper Implementation and or Execution in the Matters of: Madame Fatouma Jallow Tambanjang’s Unconventional appointment as Vice President, the One Man Party of Mai Fatty being Counted as a legitimate Candidate and as a result being rewarded his Coveted Political position as Interior Minister, so that his Extremist Hathred, Hardline and Despotic behavior Against Members of former President Yaya Jammeh’s Jola Tribe he blamed for his lack of Success as a legal practitioner, and everything under the Sun and Moon, and the termination of the Constitutional age limit Should and Ought to Worry and give Most Decent, Constitutionalist and Peace Loving Gambians Sleepless Nights! This is just the beginning of a Despotic Cabal of Napoleonic Insecure and Self-Serving individuals who have been brought together by Greed, Lust for Power and hunger for bloody hell revenge they convinced themselves of owning to themselves and an Ethnic Extremists Group. My Advise to their Uncle, Macky Sall of Senegal, put a Lease on your Canines least they Bite you too. These are people who have no ethics, honor, and respect for anyone but those in their Narrowly Defined Cult Members of the “NTeri Kaffo” past and present. The PPP and PDOIS have just been kicked in the Face by your Canines who they trusted and worked to end former President Yaya Jammeh’s regime, an act that most Opposition Parties and Supporters can agree on. Mr. Ahmat Bah would soon find out how much of a mistake he has just made, when he Sided with the “Hounds” of the Gambia. UDP as Co-founded by a Jola but Narrow Minded Ethnocentric Politics Purged all Non Mandika from it. Yet, the Narrative that is insidiously Peddled by these gang and their Extremists Militants wants everyone to believe that tribalism and ethnic marginalization began with former President Yaya Jammed. Please get a grip on reality. Acceptance of Reality is No Vise. Burial of ones head in ones armpit to smell of ones self, is not a sign of Sanity. Mr. Bah will be kicked off and abandoned at the Curb, to be picked up like Trash on the road. It is just a matter of time. David/Dauda Jawara’s PPP Regime was an Expert in betrayals. Ask United Party Members, if there are some still alive and willing to talk about their experience. Ask NCP Party Members, who were PPP but were Marginalized and therefore, left PPP. This is a Recurrent happening with these folks. Hope Gambia will Survive it this Time. It would be a Pity to Superimpose another form or worst Tyranny and Despots on the Gambian people. They can’t bear it. Gambia is more than the Sum total of One Individual, One Ethnic Group or Region. One Gambia, One People, One Destiny.
Can we all be realistic in our approach in the new Gambia. For 22 years, we had the worst violations in the history of this country. People were appointed and sacked within minutes, age and other factors were never respected in appointments for the past years (bcos dictator Jammeh would never respect the constitution) as he cares nobody or the constitution. Nobody can speak his/her mind freely, demonstrate peacefully or even say simple words like ‘the country is difficult’.
What is the DWC saying about basic things that do not infringe on the rights of people. It can be enshrined in the constitution (this is by the people) and it can be changed. I think they (DWC) would be useful in the society if they concentrate on the real issues, if any. They have to wait until there are violation of the constitution that matter. FREEDOM IS SWEET. I want to thank the patriotic Gambians (inside and outside) for making this change happen and thereby giving anybody to speak his/her mind openly.
Thank you Your Excellency President Barrow for keeping the Gambia open and democratic. Now people who never uttered a word for fear of being detained, killed, raped, maimed, disappear in the thin air, can now say anything. I am sorry folks but if you are bent on discrediting this Barrow Govt, you are late as you missed the monster (yaya jammeh) who you should be speaking to about his tribalism, nepotism, who has no respect for humanity and civilization, who has killed, raped, tortured and grossly violated the human and democratic values in our constitution.
Patriotic Gambians should support the Barrow administration with ideas and advice on how to better govern and provide better services to the people. They inherited a broken system like a compound without a house. Instead of assisting him and his colleagues to carry the bricks, water, sand and all the materials necessary, the enemies are distracting the new administration with very negative criticism and yet saying that the house should be ready, should have so many rooms, some should be circular, different colours. It is ridiculous to read such negative criticisms. You are enemies of society and GOD Almighty but you will never succeed by His grace.
GOD bless Gambia with patriotic people and leadership. May GOD bless and strengthen the hands of HE President Adama Barrow. Ameen
The UN cannot now (as at 06/03/2017) applaud democracy in the Gambia after an incident in which the Foreign Minister’s supporters manhandled a new reporter without a word of rebuke from him, or from the government, because if they do, they would be a damn lairs and a hypocrite. That’s not democracy.
I think collectively we might be suffering from an “empty hero worship syndrome” in which certain persons, for no other reason than being that person, cannot do any wrong. That is wrong headed and in the end, serves no one, and most certainly is the opposite of democracy. Imagine if that were to happen in the US, or Britain, or France, or in any of the our donor countries – may be that is why they are donors and we are proud to remain as beggars – any lack of democratic behaviour, no matter the source, is almost always unhelpful to the development effort?
Further the attach on the Forooyah news man in fact confirms why we now have a President whom, it is widely believed lacks the intellectual, or analytical ability to lead this nation out of the vicious cycle of poverty in which it finds itself.
Time to put a stop to the “empty hero worship” and begin the long walk to freedom by taking the bull by the horns – our children will be proud of us then.
Was Jammeh right about certain persons being power crazed? This is the real debate we have to have, and UN should be straight to the point on matters as and when they arise, and not ignore them as minor skirmishes, as they did in Rawanda, leading of course to ” jobs-for-the boys-in human rights.
Scared
Such baseless conclusions serves no one either. How can the attack on a Foroyaa reporter gives you the mandate to make such conclusions that President Barrow lacks intellectual and analytical ability to lead our nation out of poverty. The problem we are having ”Scared” is the sudden emergence of too many Gambian experts on what is right and what is wrong. I am baffled as where the so called experts and preachers were during the last 22 years of barbarity in our homeland.
We all know the mess this government inherited and only dim witted so called analyst like yourself will think that it is gonna be a smooth sail. Credit should be given to this government for their efforts in correcting some of wrongs done to our people,from the brutality of the NIA to the prison conditions, detentions without charge, tortures,rapes and even deaths.
You see ”Scared” i have the fear that the new found freedom ushered in by this government is creating another problem, problem of unscrupulous and semi educated imps high jacking the goodwill and instead spread their biles of hatred and bigotry that will eventually hinder our progress as a people and as a nation of different tribes living in peace.
We all know that you doom prophets were all hibernating during these 22 years for fear of being fed to the crocodiles at the Kanilai zoo and President Barrow may pay a price for awakening you nocturnal false prophets as you go about propagating your false and twisted narratives.
Long Live President Barrow and his illustrious government and May Almighty God the Omnipotent, the Omniscient and the Omnipresent guide them in their daily activities in building a fair and progressive society for all. Amen!
Scared, it seems that you either do not know or understand what is democracy or you are just disingenuous. Let me give you a hint in case you do not know or forgot what is democracy. Does the phrase government of the people, by the people and for the people ring a bell? Democracy is something we the people have to nurture and nourish. We can do this by fully utilising the democratic institutions and mechanisms that we the people agreed upon and voted for in our constitution. One such institution is the police. Anyone who feels that they have been wronged should lodge a complaint with the police and follow due processes. If anyone feels that their complaint has been dealt with unfairly they can follow the police complaints procedure or take up their case to the ombudsman. To strengthen democracy in the Gambia we must make best use of the institutions created by the constitution to promote, protect and safeguard our rights as citizens. No government in the world willingly gives the citizenry their rights. In a democracy the citizens demand and take ownership of their rights and insist on government respecting those rights. Scared, regular elections alone does not make democracy neither does the excesses of individuals destroy it. Democracy can only be destroyed by a complete systemic failure. Citizens of the Western countries you mentioned are constantly resisting their governments’ efforts to curtail the citizens rights. Ask the black population in the countries you mentioned above and they will all complain of police brutality. But that does not make those countries less democratic. Individually or collectively people have used the democratic institutions to challenge their governments. Two examples are, the States of Washington and Minnesota suing the Federal government on the Trump Muslim travel ban and in the UK a woman took the government to court because the Prime Minister wants to trigger Article 50 without parliament’s vote. In these two cases the President and the Prime Minister loss. But, Scared, the best example demonstrating the resilience of democracy is the humiliating defeat of Jammeh when Gambians make the best use of democratic institutions and mechanisms. Scared democracy is not perfect, it has it’s own problems, however democracy at it’s worst is still better than tyranny at it’s best.