Opinion

Building The New Gambia With Madi Jobarteh:Police Must Protect The Right To Protest #OccupyWestfield

Madi Jobarteh

In the New Gambia, we envisage a kind of police services that is apolitical and non-partisan and only dedicated to the protection of fundamental rights and freedoms.

The function of the police is to defend human rights at all times. This is why the police investigate, detect and prevent crimes and apprehend and prosecute criminals whose only intention is to infringe on the rights of others. In the same vein it is the role of the police to ensure that those who wish to exercise their rights have the space and freedom to do so without infringing on the rights of others.

In this regard it is therefore utterly concerning that the Gambia Police Force decided to deny a group of citizens whose intention is to occupy Westfield for the purpose of expressing their dissatisfaction with the state of electricity supply. The right to protest peacefully and without the use of arms is an entrenched clause in the Gambia Constitution. In that same law, the police, as an organ of the Executive are mandated under Section 17 to defend all the rights stipulated in Chapter 4 entitled ‘Fundamental Rights and Freedoms’.

The news that the police expressed security concerns as their reasons to deny the protestors a permit is untenable. Security concerns have always been a convenient cover for governments that seek to curtail civil space and activity. Unless the Inspector General of Police lays out the details, there has not been any official report yet either from the Executive or the Parliament that there is a looming threat facing the Gambia. Hence how would a protest by citizens about the delivery of a public good lead to violence or threaten the security of the Gambia?

Just a few days ago, we witnessed various political parties organize massive rallies, yet there was no security concern raised. One of those parties in fact was the APRC, which is the most recent ruling party of the Gambia. Why didn’t the IGP deny the APRC and later the UDP to hold a rally because of security concerns? Has the IGP and the Executive ever reported any incidents involving either internal or external forces seeking to destabilize the Gambia? If so, let the Gambia Government tell citizens what threats this country faces.

The IGP must be told not to raise false alarms just to suppress fundamental freedoms. Since taking office many months ago this IGP has never held a press conference or issued a public statement on the state of security in the Gambia. In the absence of such public information where then is the security concern? By claiming security concerns the police is therefore causing fear among Gambians and projecting the country as unstable to the international community. But is that really the case or the IGP is merely protecting the Government from dissatisfied citizens?

Riot policeThe denial of a permit is also further concerning given that the Minister of Justice just declared at a public forum on transitional justice on October 28 at UTG that his ministry would not enforce those laws that infringe on fundamental rights and freedoms. He cited the Public order Act among those laws. In fact the Public Order Act was among the list of laws that Barrow mentioned in his manifesto that he would repeal within six months of taking office. Yet the Barrow Administration is 10 months old today without any sign of law reforms!

I wish to therefore urge the IGP that he must rescind his so-called denial of permit and ensure that he provides the necessary security to protect both protesters and the general public. These citizens have a right to express their dissatisfaction with the government for any reason they deem fit. It is their choice that is guaranteed by the constitution. The job of the police is not to deny them their choice by hiding behind vague security concerns but rather to open the space for enjoyment of rights.

What all Gambians must understand and be concerned about is that when we allow the Government to take such decisions then we are effectively allowing it to close civil space and limit our rights. Today it is #OccupyWestfield, tomorrow it might be another group of people intending to express their issues and concerns. If we allow the IGP and the Government to refuse this protest, then we are giving them the power to refuse any other public demonstration in this country.

We must bear in mind that it is through such civil disobedience activities that a society nurtures democracy and ensure good governance. It is such actions that will ensure accountable leadership and make public instititons become transparent, efficient, and responsive in the performance of their functions.

This decision by the police does not serve the Barrow Government at all. Here is an opportunity that they have lost if they had allowed this protest to go on, which could have further strengthened this Government morally and politically. It will serve to enhance citizens’ sense of security. More importantly it will diffuse some of the grievances in citizens as a result of the dire electricity situation. Hence Barrow lost another opportunity to cement his leadership and ensure greater security within the Gambia by denying this permit. Therefore Barrow must be advised to ask his agencies to consider all factors quite critically before they take certain decisions lest they injure the Government further.

For those citizens who claim that this protest is not necessary because NAWEC and the Government had said they are addressing the energy crisis must bear few things in mind. Just as one thinks this protest is not necessary so also do others thing it is necessary. Both camps are not necessarily right or wrong because both camps are merely exercising their right to freedom of opinion. Let us bear in mind that there is no right or wrong time to protest in a democracy. What appears to you as unnecessary and premature may appear to another as urgent and necessary.

Thus if you claim that a particular protest is not necessary rest assured that when your time comes to also protest others may find it also unnecessary. Thus let us recognize those interested to protest as their right even if we disagree with their reasons or will not join them. Let us not call for their protest to be stopped or denied.

God Bless The Gambia

8 Comments

  1. The Office of The President and his controversial press secretary, need to step up to the plate and face the growing concerns of the populace, to fully explain its energy and water supply policy. The one they have broadcast recently is a cop out to resolution by end of next year. Even this plan will not go anyway near to resolve the the present or future requirement, leading to a tangible industrial regeneration plan to bring prosperity and security of supply. To suppress the concerns of the people by banning a peaceful protest is a very stupid decision indeed. It brings back too many bad memories and rubbishes the pledges of President Barrow and the entire coalition.
    The coalition are masterminding there own needless crisis. This falls well below the standard of government voted for .

  2. This administration has managed to turn incompetence to abuse of office and power. What ordinarily is, this administration inability to solve the electricity crisis is now become government sponsored terrorism and harassment of ordinary citizens trying to exercise there freedom to voice their displeasure. What is surprising is that those who suffered under monster Jammeh are the same people embracing his evil methods of brutality and arrogance, invoking the ridiculous “it is my responsibility to protect this country” BS. Really, by depriving me of my rights? Exactly who asked for your help, dummy! How can we respect Lawyer Darboe after this? How can he stay quiet and watch this tragedy unfold. Why are these greedy bastards so wicked. There is nothing worse than this unholy reincarnation of Jammeh by our imbecile of an Interior Minister.
    The only remedy and the only thing that can save Barrow now is to dismiss Fatty. He is poison among honorable men. This idiot is same as Yahya Jammeh, he might even be worse. This coward with a third tier legal education has no respect for human rights. It is now obvious that this man is a clear present danger to the peace and tranquility of Gambia. Mr President fire him now!
    God Bless The Gambia.

  3. Doctor Sarr with all due respect i think you have a personal beef with Mai Fatty and Ousainou Darboe. Is Ousainou the only party leader who has not spoken?? What has Halifa, OJ, Hamat Bah and Kandeh said so far?? You seem to be driven by anger rather than rational thinking that i used to know about you. Whilst accusing the Government of using Jammeh methods for not giving the organisers a permit to protest, you are relying on the same “Jammeh” constitution to support your point. Please tell me why you can use it and the Government can’t?? Or do you just choose the sections that support your point or narrative and ignore the rest?? NAWEC has been on GRTS several times to explain what they are doing to solve the electricity and water issue. I agree it is very inconvenient to leave in the greater Banjul area without water and electricity because i use o live there, but there is currently work going on to sort it out. So I don’t know how you can qualify that as incompetence on the Government’s part. I am still baffle by your anger at Mai Fatty because it was not him who denied to issue a permit. The security forces have a responsibility to protect everyone in the country and if they did their assessment and felt that it would not be appropriate to issue a permit for a protest then we as citizens should give them the benefit of the doubt. Refusing to give a permit is not anti democratic. In the UK under the Police Reform and Social Responsibility Act 2011, the police have the powers to prevent anyone from protesting anywhere around parliament square or to use loud speakers there. The Government has not shut the door to the organisers but is engaged in dialogue with them so should that be stopped and let protest take place then recommence dialogue??

  4. Unforturnately, the current situation in the Gambia is a clear indication that the more things change, the more they seem to stay the same. It may not be a case of “from the frying pan into the fire”, but is seems like it is from the Inferno into the Oven. It is all a matter of perspective, but the same result. One is at risk of being baked, boiled or burnt by the element (s). When will the despotism and suffering end in the Gambia? The authorities in the Gambia need to exercise Humility, Restraint and Tolerance. Most of all, the current Gambian Rulers need to climb down the pedestal to the ground from where they were a mere nine months ago, to address the Public at the same level they expected to be addressed if they were in government and things are falling apart and no one seems to know what to do. The Gambians have suffered enough and only ask for the basics that our Modern life demands or requires, such as Water and Electricity to drink, wash and cook with. Is that too much to ask in the “New Gambia”? No Platitudes and Subterfuge please. Just a little bit of Humility, Restraint and Tolerance wrapped up in Public Service Delivery will go far. Gambians Deserve that much from the current Regime under the UDP. The State of Affairs cannot continue or endure, no matter what the New Praise Singers convince themselves of and want Gambians to do like wise. Support for or of any regime or government should be baesd on Merit and not on an Ethnocentric, Nativist and Regional Politics. Paranoia and Fear of the Ghosts of the past and those dwelling in delusion and hallucinations of Certain Personalities will not Mitigate the State of Affairs in the current “New Gambia”. Leadership requires Courage and Self-examination as well as Self-sacrifice for the Common Good. It is not Extreamism and Dogmatic Kneejerk Reactionary Pronouncements that are Divisive and Destructive to the Peaceful Co-exitence and Representative Democracy.

  5. Sidi, sometimes you talk sense and this posting is one that i will agree with broadly. There really needs to be change on the ground in terms of access to electricity and water. The problem might not have started now but it is obligatory on this Government to find solutions to it. Stable electricity and water supply is in the interest of the Government just as it is in the interest of the citizenry. It will increase productivity and enhance people’s health and wellbeing. As you said ” Support for or of any regime or government should be baesd on Merit and not on an Ethnocentric, Nativist and Regional Politics” opposition to the Government should not also be based on those same sentiments. I totally agree that people have a right to protest but I will support dialogue over protest any day.

  6. The So-called Doctor has talk again with rubbish comments. What a heart feeling you built against these two noble persons. Your words you send to these people are disrespectful,rude and dishonest.You kind of stupid and So-called Doctors are not needed in our society and new found democracy.

  7. The Police and the government has a responsibility to keep the country peaceful,if in their findings they the police , knew staging the demonstration may threaten the fragile peace and security of the country,then they have all the rights to deny them a permit.Though i cannot fathom what brought Ousainou Darbo and Mai Fatty into it.

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