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Gambia’s Bleak Human Rights Exposed
Tuesday, 21 February 2012 05:33
(JollofNews) – The European Union sponsored report, compiled by the Gambia Press Union, paints bleak picture
of the Gambia’s human rights situation. The document, captioned, ‘Defying The Odds,’ highlights the poor governance environment in the Gambia especially, the hostile attitude of the Jammeh’s regime towards journalists.Below is the full text……
Introduction
Many years ago, development was conceived as a product that could be handed over from one set of people to another set of people. In this context, so-called
Yahya Jammeh, speaking to journalists
On the part of developing countries, the governments assumed that they could take loans and grants to 'buy and send development goods and services to their people. But many decades after independence, it became evident that not only had poverty and general backwardness increased in these countries, but they also became highly indebted so much so that paying back those loans accounts for more than combined budgetary allocations for education, health and agriculture thus plunging their economies into perpetual deficit! This approach to development became known as the 'Charity-¬based Approach'.
It is synonymous with a period in human history when monarchs were the custodians of all resources and people of a society and were considered to be divine, hence can therefore demonstrate 'generosity' in dishing out goods to subjects.
Then came the -Needs-based Approach' which sought to highlight the fact that citizens had needs such as water supply, health, good roads and electricity supply among others and therefore the government should make these available. Once again, a whole new process of development paradigm developed in which governments, NGOs, donors and philanthropists expended huge amounts of resources on the notion that they were addressing the needs of the people.
In both paradigms, the concentration had been about 'transplanting' development from Point A to Point B on the notion that people or countries were so poor and therefore they needed help.
Both solutions disregarded the fact that these resources belong to the people as citizens and tax payers and that 'government' is merely entrusted with the property of people. Chapter 1(2) of the Gambia Constitution states that, The Sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this Constitution."
In the light of the above, the Gambia Government like any other government in the world cannot therefore claim that it is giving 'charity' to its citizens as development. Whatever a government does, it is merely fulfilling its obligation or violating its obligation. Government cannot provide charity to the people!
Fifty years after Africa gained independence, development indicators show that the continent especially south of the Sahara remains the least developed part of the world, even though Africa is potentially the most endowed region of the universe. As a result of the failures of the previous development paradigms, development thinkers began to realize that indeed development is a human right. It became clear that the missing link in our development process has been the recognition of the right of citizens to the wealth and resources of their country which is being managed on their behalf by their government. It also became clear that no one can develop another individual, rather only people can develop themselves based on their own ideas, actions and circumstances. Certainly others can create an environment that supports the empowerment of people, but the ultimate responsibility of development of people lies on the people themselves.
It is in this context that the rights-based Approach to development was conceived. This approach is founded on human rights standards and principles as the guide and foundation for development in all aspects. The principles of human rights entail equality, non-discrimination, universality and interdependence among others. The standards of human rights are minimum 7equirements that must be met in ensuring human beings enjoy their rights and freedoms. Human rights are about human dignity, therefore human rights standards are thresholds or baseline without which a human being cannot attain his or her full human potential.
For example, Section 30 of the Gambia constitution sets standards for the attainment of the Right to Education. It states that basic education is 'free and compulsory for all'. This means that each and every child in the Gambia has a right to obtain free education up to Grade 9 and it is the responsibility of the Gambia to not only build schools, train teachers and provide adequate teaching and learning materials, but also the government will take steps against any individual or institution that seeks to bar a child from going to school and obtaining education. Thus human rights-based approaches to development also set an obligation for each and every individual, organization and institution in society in the fulfillment of human rights and development. In this case, Section 17 identified the Gambia Government as the Primary Duty Bearer for the respect, protection and fulfillment of human rights in this country.
Relating all of these to the role of the media, one will find that similarly standards have been set for the media which places obligations in Section 207 and 208.
On freedom and responsibility of the media, Section 207 states that,
1. The freedom and independence of the press and other information media are hereby guaranteed.
2. The press and other information media shall at all times, be free to uphold the principles, provisions and objectives of this Constitution, and the responsibility and accountability of the Government to the people of The Gambia.
Section 208 goes further to specifically set a specific standard and obligation for the public media;
1. All state owned newspapers, journals, radio and television shall afford fair opportunities and facilities for the presentation of divergent views and dissenting opinion.
The beauty of human rights principles, standards and obligations is that it breeds a culture of transparency, accountability and performance., hence engender development. It must be noted that in 1986 the UN General Assembly issued the Declaration on the Right to Development in which Article 1 states that, The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized."
From these perspectives one will therefore begin to see the indispensable role of freedom of expression and of the media in protecting human rights and fulfillment of development. Free speech merely entails citizens having the freedom, space and opportunity to openly air their views and opinions about all and any issue concerning their lives and their society.
The role of the media is to merely amplify these voices and circulate it within and beyond the borders of that society. Free speech and media therefore promotes the generation o-r:7 ideas, information and knowledge and prevent the imposition of any idea or information en society unchallenged. Because the media has also professionalized the art of amplifying voices, not merely from a mechanical point of view, rather it employs other means and avenues to assist citizens to speak out and exchange opinions, thereby bringing about:
1. Contestation of ideas and information to ensure the best ideas, most accurate information and must useful knowledge prevail
2. Self-regulation to generate individual and institutional responsibility and discipline,
3. Ensuring public and private institutions and enterprises provide quality, affordable and decent products and services,
4. Ensuring individuals as private citizens, public officials or business people among others conduct them in a manner that respects rights and promotes excellence in their lives and work;
5. Enabling citizens to hold their leaders and institutions accountable and consequently promote good governance, popular participation and the respect for the rule of law,
6. Creating space and opportunity for all citizens to take part in national affairs equally,
7. Combats corruption and abuse of office and brings govern melt under the control of citizens,
8. Ensuring peace and stability and effective resolution of conflicts.
It is clear therefore that the right to development is inconceivable in the absence of a free media, and free media is inconceivable in the absence of freedom of speech. The point highlights the indispensable role and significance of free speech and media in the attainment of national and human development and the promotion and protection if human rights.
Foreword
The Gambia is the smallest country on the African mainland and gained its independence from Great Britain in 1965. Even though it was one of very few African countries that maintained a multi-party democracy when virtually all its neighbours were ruled by one-party dictatorships, the People's Progressive Party (PPP) of former President Sir Dawda Jawara dominated the political terrain for the first 30 years of independence until when it was toppled by a military coup d'etat in 1994.
The 1994 putsche which brought into power young military officers led by then Lieutenant Yahya Jammeh, led to a two-year transition which ushered in a new constitution and a completely new style of governance different from what had obtained under the former regime.
While under the Jawara regime the media was not quite as robust as it is today, at least journalists were left alone to carry on with their job without being subjected to intimidation and harassment from the authorities. However, since the advent of the Armed Forces Provisional Ruling Council (AFPRC) junta and its successor, the Alliance for Patriotic, Reorientation and Construction (APRC) regime, freedom of expression has come under a serious strain. "Gambian journalists have seen more red in 17 years of AFPRC/AF'RC rule than under the 30 years of PPP rule," a veteran Gambian journalist was quoted saying.
In addition to the iron-grip control and manipulation of the public media by the authorities, Gambian journalists have also endured harassment and intimidation, frequent arrests and even torture, as well as arson attacks and arbitrary closure of their media houses.
The Media Situation
Like the other parts of Anglophone West Africa, the Gambian media started from a modest beginning in the mid-1800s with the first news sheets being produced by merchants in Banjul, the capital. While the scope and frequency of their publications changed with time, until the founding of the government-owned Gambia News Bulletin in 1943, the publication of newspapers remained in the lands of individuals, most of whom were not professional journalists, but people who had other interests.
It was not until in the 1990s when the Gambian media underwent some transformation from cyclostyled news sheets to tabloid publications which appeared with more regularity.
Until the opening of Radio Syd the first private radio station in Banjul in 1970, which was also the first in the sub-region, the government-owned Radio Gambia which began operations in 1962, was the only radio station in the country. The dawn of the 1990s however saw a proliferation of FM radio stations, based mostly in Banjul and its environs.
However, unlike most of its neighbours, The Gambia as yet has only one television channel, the Gambia Radio and Television Services (GRTS), which is owned and controlled by the government. Therefore, satellite television and television stations from neighbouring Senegal remain the only alternative sources available to Gambian viewers.
While the private media continues to operate under a hostile environment and with limited resources, the government on the other hand continues to monopolise the use of the public media, to the almost total exclusion of the opposition and other divergent views, which is contrary to Section 208 of the Constitution, which states: -All state owned newspapers, journals, radio and television shall afford fair opportunities and facilities for the presentation of divergent views and dissenting opinion."
Intimidation and Harassment
Since the advent of the AFPRC/APRC regime of President Yahya Jammeh, there has been an uneasy relationship between the government and the media. The war of attrition began barely two months after the military takeover in 1994 when two editors of Foroyaa newspaper, which was perceived to be the mouth-piece of the opposition People's Democratic Organization for independence and Socialism (PDOiS) Sida Jatta and Halifa Sallah were prosecuted in the courts for operating a newspaper in violation of Decree 4 which banned all political activities.Shortly after that, Kenneth Best, a Liberian journalist who had sought refuge in The Gambia from his war-tom country, and set up the Daily Observer newspaper in the country, was arrested and subsequently deported for violating immigration laws.
However, rather than abating after the transition from military rule to a civilian administration in 1996, the intimidation and harassment of journalists continued, culminating in the closure of Citizen FM radio station arid the detention of its proprietor Baboucarr Gaye, apparently because the government resented the station's broadcast of its own news bulletins and the review of the newspapers in the local languages. This was followed by a series of arson attacks on media houses and homes of individual journalists. These included the arson attack on Radio One FM, the burning down of The Independent newspaper's printing press, the arson attack on the homes of Alieu Bah, a journalist with Radio One FM and Ebrima Sillah, the Banjul correspondent of the BBC.
In addition to the arbitrary closure of Citizen FM, the authorities also closed down The Independent and Sud FM without a court order.
The arrest and intimidation of journalists also continued unabated, culminating in the unprecedented assassination of Dyad Hydara, co-proprietor and managing editor of The Point newspaper by yet unknown assailants in 2004 and the disappearance of Chief Ebrima Manneh, a journalist with the Daily Observer in 2006. However, persistent calls by the Gambia Press Union and others for the authorities to mount a thorough investigation into Hydara's killing and the disappearance of Chief Manneh, as well as all the other atrocities committed against the media since 1994, have so hr fallen on deaf ears.
We also saw the arrest and subsequent imprisonment of six senior journalists in 2009 for sedition and defamation arising from their criticism of a comment attributed to President Jammeh over Hydara's killing. The journalists were only released after an intense local and international pressure.
Draconian Media Laws
While the 1997 Constitution has guaranteed freedom of the press and freedom of expression, there have been several attempts by the authorities to introduce some draconian pieces of legislation aimed at imposing some media restrictions. A good case in point was the promulgation of the National Media Commission Act which not only tried to impose an annual registration of media practitioners and their media houses, but also had the powers of a court that could impose fines and custodial sentences on journalists. It was only after much pressure from both at home and abroad and a legal challenge to its constitutionality by the Gambia Press Union that the government decided to repeal the law. However, in its place, the government promulgated two other even more draconian pieces of legislation; the Newspaper Registration (Amendment) Act 2004 and the Criminal Code (Amendment) Act, 2004 both of which continue to impose a heavy burden on the media.
The Newspaper Registration Act not only raises the registration bond of newspapers from 0100, 000 (US$3,500) to 0500, 000 (US$17,500), it also included the licensing of the electronic media, with heavy penalties for non-compliance.
The Criminal Code Act, on the other hand, expands the offences of criminal libel and defamation, while imposing a term of imprisonment for offenders.
All this is in addition to the frequent arrests and intimidation of media practitioners, as well as attempts to impose some form of control on the news contents of their media houses. A recent case in point had been the brief closures of The Standard newspaper for some undisclosed reasons and Teranga FM for merely reviewing the local newspapers in the local vernacular.
The Way Forward
In order to remedy the existing situation, there needs to be more dialogue between the government and the media. There is also an urgent need for legal and institutional reforms in order to create a more conducive atmosphere for media practitioners.
The Gambia Government needs to review its media laws with a view to bringing them in line with international standards as proposed by the Commissioner Pansy Tlakalu at the Ordinary-y Session of the African Commission on Human and Peoples' Rights held in Banjul in November 2009. The Gambia Government needs to consider the parameters on free expression set by the United Nations Human Rights Committee.
Given that The Gambia is part of a community of nations and the fact that it has signed and ratified several human rights instruments it is important for the regime to draw and popularize policies and laws that promote media freedom and free expression. The Gambia is the only Anglophone West African country that has no law or bill on access to information.
Therefore it is important for The Gambia to move forward by promulgating this progressive law that will undoubtedly make it easy for researchers and journalists to have access to unclassified information. The draft model law drawn by the office of the African Union Special Rapporteur on Free Expression Pansy Tlakalu in collaboration with Rhodes University in South Africa could serve as a useful tool for the enactment of .1 freedom of information Act in The Gambia.
To be continued
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Comments
24 Hrs. after I wrote this, The man who could have carried Steve Bantu Biko's TORCH for Gambians is consigned to the Dungeons of Mile 2 Prison on flimsy charges. I rest my case, and pray that God give Lamin K Mboge the strength to survive. The Truth Shall Set Him Free.
But when seizure of land began he became a monster and all titles were refrozen and given the dictator and monster title. Bax sometimes not when I comment I support the oppression but the ones preaching are not the right people to tell us. They only come in if it serve their interest order than that they just make noise to fool others who will act thinking they will get the support but ending up seeing themselves in cells with no one coming to their aid. For our National assembly I would like to see 50/50 or if possible the opposition more but will we see this? I tell you that I will never exchange Gambia for anything this why I exchanged my live for my economical troubles and knowledge seeking. I would real like to see a united Gambia than a divided Gambia and I hate anything that is putting us apart.
I agree with you but there is no way I trust the West. My problem is a hypocrite can never be my mentor and when these people talk of liberty it confuses me. What liberty are they talking of when they fund their governments with wars? I wish you got the opportunity to be part of troops they send to fight for them in countries and see the suffering they cause that no one hold them responsible. The problems of Africa were there since I was not born and even I live for 100yrs I will still die and leave them behind because the hypocrites who dictate the affairs of Africa got the resources and power to do so. All I believe in is our problems must be ours and solved by us, any interference is just making it worst. I only wish that our leaders understand that its us they serving no one else. Lets use the example of Zimbabwe. Before they never cared how Mugabe ruled his people and every title was awarded to him in Britain.
However,that shouldn't distract us from the unfortunate rights abuses and the poor governance record of our government...I think this report is useful and timely and every pressure should be put on the government ( at home & abroad) to fully carry out any recommendations that may come out..
I also think the opposition needs a strategy that can secure them enough seats in the National Assembly to either stop APRC butchering the constitution or amend the constitution to bring it in line with out republican status...
In this regard,I believe the PDOIS proposal (i.e,that the opposition candidate with the best chance in each constituency be supported by ALL parties) makes sense and is cost effective...
Denying the APRC an absolute majority is crucial if the country's human rights & governance situation is to improve..
“As Africans we need to threat each other as human beings”.
My brother I fully agree with your statement and I hate to see one cry for hunger much more becoming a political victim? I would be glad if the EU can sponsor a report to investigate Israel human atrocities that they stand by them. These loans they are talking of end up in their banks and never frozen till problem arise. I don’t mind if an African speak to condemn what he/she don’t like and there I can engage you if necessary. If the west real mean they care about us let them start giving freedom to people in their detention camps for the only crime commited is becoming economical migrants. We have an article in this forum that the woman is seeking asylum. Base on the story everything claimed was lies but her fabrication has landed her in trouble. Why not the UK grant her asylum since is the international law that guarantee her?
It seems as if your brain is been hypnotized.
But what the West do is neither here nor there - as Africans we need to treat each other as HUMAN BEINGS.
Our African problems will only be African solutions. I am not agreeing to everything about my government but it’s not the devil to tell my country.Those hoping for Western governments to solve their problems I will want to see that their problems of living in the west as economic migrants is been solved. If this fails then keep dreaming.They can only supply us with weapons to fight and while we fighting they busy loothing our resources and for Gambia nothing to looth but make media stories and make money out of it.
My government did not send troops to kill in Libya, Iraq to name a few. Here they point fingers to others and turn a blind eye to others. For Gambia, I know there is a lot change on pressurizing the government since the dumping of Iran. Dump Iran and you human right have improved. I want to see the report of Israel on human rights if we mean justice. How many times has EU threaten to cut funding to Israel that has no respect for any clause of human right or international law? Human rights are crying foul in Libya for human right issues committed by the Northern Alliance Terrorist Organization. What would happen to this? Make job cuts and sponsor a war is a best policy that protects human right? My government is never going around lecturing countries on human rights and those doing it are never role models to learn from. Whether ones agree or not, no western government will dictate the affairs of African countries and you can call our leaders any name you want.
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