Wednesday, October 21, 2009

Mother Denies Killing Son

Kumba Sowe, a native of Foni yesterday denied killing her two-year-old son before the Special Criminal Court of the High Court.
Kumba, who had been remanded in custody since November 2008, told the Special Criminal Court that she is the biological mother of the deceased (Jakariya Sowe), a two-year-old boy, and noted that she was not responsible for his death.
Asked by the trial Judge, Moses Richards, whether she was the one who had actually killed her son, she answered in the negative.
She told the court that on 30th November 2008, while bathing in a river at Pirang Village his late son decided to join her in the river and as he advanced towards her the late boy skid and drawn in the river.
She further adduced that all attempts made by her to rescue him proved futile.
Interpreting the law in relations to the alleged offence, Justice Richards told her that “failure to protect and look after your child a lone tantamount to a criminal offence.
The accused was not represented by any legal practitioner”.
She told the court that she cannot afford one and none of her family member is paying her visits.
Meanwhile, the Director of Public Prosecution R.N. Chenge applied for short adjournment to enable the prosecution compile all the indictment files by the court order, which was accordingly granted.
The case was adjourned to 3rd November 2009.

Saturday, October 17, 2009

Four-Year-Old Girl Found Dead In Well

In a rather unpleasant development, a four-year-old girl who reportedly went missing on Monday evening was in the early hours of Tuesday morning found dead in a well located in Tallinding Medina.
Isatou Jallow was reportedly found dead at a compound almost 100 metres away from her residence. The incident happened after being bathed by her mother Mariama Dalling Jallow.
According to Samba Jallow, a father to the deceased, the family only realised that the girl had gone missing at around 7pm when they could no longer locate her. Consequently, the matter was reported to Tallinding Police Station.
Interestingly, Mr. Jallow went on, it was not until the following Tuesday when some women in the said compound saw the girl in a well. He said they called the Fire and Ambulance Services who came to retrieve the dead body.
After retrieving the dead body, Samba went on, he received a call from someone at the scene that her daughter Isatou Jallow was found dead in a well.
After the tip, Samba said he rushed to the scene where he found his daughter dead. He added that by the time she left the house, the late Isatou was wearing clothes but when she was retrieved from the well, she was only found with her trouser and shoes on.
“What doubts me was that, traditionally when a person falls into a well he normally swallow water which will lead to the individual’s stomach becoming more bigger but for his daughter that was not the case” the deceased father remarked.
The late Isatou Jallow was the only child of Samba Jallow and her wife Mariama Dalling Jallow.
She was laid to rest on Tuesday at the Tallinding Cemetery.

source: point news paper

IS THERE A CURFEW AT THE TOURISM DEVELOPMENT AREA?

A CASE FOR THE FEMALE LAWYERS ASSOCIATION OF THE GAMBIAThey were put under the camera for the whole world to see. Women of diverse ages were bundled up and taken to the police station to give account of themselves or face criminal charges. It is claimed that they were found loitering in the Tourism Development Area.



A threat was issued that any body found loitering in the tourism development area after midnight will be arrested and required to give account of oneself or be charged. The threat raises two fundamental issues; Is it a crime to move about in any part of the Gambia after midnight? Has a curfew been declared for the Tourism Development Area?Section 19 subsection of the Constitution states that “Every person shall have the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law.”Section 25 subsection (2) of the Constitution adds that “every person lawfully within the Gambia shall have the right to move freely throughout the Gambia to choose his or her own place of residence within the Gambia and to leave the Gambia”Hence every person who is lawfully resident in the Gambia has freedom of movement. It has been a subject of debate that freedom and liberty is not absolute. Some have even argued that the freedoms given have been taken away by other provisions of the Constitution. Some even claim that the draconian provisions of decrees which allowed for arrests and detentions are still applicable under the Constitution. The unfortunate thing about the debate is that it hardly goes with quotations of what the Constitution says to restrict the exercise of freedom. Section 4 of the Constitution has made it abundantly clear that the Constitution is the supreme law of the land. It states categorically that “any other law found to be inconsistent with any provision of the Constitution shall, to the extent of the inconsistency be void.” In short, it is a constitutional provision that one must not be detained for more than 72 hours without appearing before a court. Hence no law should be passed and no decree could be maintained which justifies the detention of a person without trial for more than 72 hours. Suffice it say, section 25 subsection (4) which seeks to establish boundaries for the exercise of freedom of speech, conscience, assembly, association and movement does not authorise the use of any draconian legislation to restrict the exercise of freedom. It states: “The freedom referred to in subsections (1) and (2) shall be exercised subject to the law of the Gambia in so far as that law imposes reasonable restrictions on the exercise of the rights and freedoms thereby conferred which are necessary in a democratic society and which are necessary in the interest of the sovereignty and integrity of the Gambia, national security, public order, decency or morality or in relation to contempt of court” Hence the boundaries to be established for the exercise of freedoms must be reasonable and must be necessary in a democratic society. This provision gives the court the final say in determining whether laws designed to set boundaries for the exercise of freedom are reasonable and justifiable in a democratic society. Laws can therefore be declared unconstitutional.The point should therefore be clear as far as freedom of movement is concerned, in the absence of a curfew any person with an ID card should be able to move about in any public place at any time without any restrictions. A security officer is only given legal authority to request a person to produce an ID card. Once that is done, such a person should not be subject to any investigation unless he is suspected of committing or about to commit a crime. Hence the Female Lawyers Association of the Gambia and Foundation for Legal Aid, Research and Empowerment should come together to interview those who had been shown on TV to find out whether they had their ID Cards and whether there had been any violation of their freedom of movement and other personal liberties. They should be ready to provide them with free legal services to pursue redress. The Public Order Act is quite clear. What is to be done to restrict movement in disturbed area? Section 10 states that “the president may, by notice published in such manner as he may direct, declare in respect of any area in The Gambia that such an area is a disturbed area in which an abnormal state of affairs exists.”Upon publication of such a notice the inspector general of police in respect of the City of Banjul and Kombo Saint Mary or the Governor or any other public officer authorised by the President; ‘impose a curfew in the disturbed area or in any part thereof, and may by such order or by permit exempt any person or class of persons from any or all of the provisions of such order:”“Prohibit, restrict, regulate or control the movement of any person or persons within the disturbed area, or into or out of such area.”The restrictions they are trying to impose in the TDA are only lawful under a curfew. The Government should therefore declare the TDA a disturbed area and impose a curfew or leave the people to go about their normal lives without hindrance.


source: foroyaa news

Thursday, October 15, 2009

Female Lawyers’ President on Laws ON Violence Against Women

The president of the Female Lawyers Association of the Gambia (FLAG), Madame Janet Sallah-Njie, said The Gambia has ratified or acceded to all the international instruments addressing gender based violence. Madam Sallah-Njie made these remarks at a recently held consultative meeting with National Assembly Members at the Kairaba Beach Hotel.

The consultative forum was organized by Gamcotrap to sensitize law makers to make legislation against Female Genital Mutilation (FGM). However, Madame Sallah-Njie noted that there is no comprehensive legislation on violence against women as the case is in some jurisdictions. She noted that gender violence against women is of daily occurrence in the Gambia and takes physical, moral and physiological forms; that these violations include FGM, rape within and outside the marriage, sexual harassment, physical and commercial exploitation of women and girls, forced marriages, early marriage, trafficking of women and girls, assault and murder. The president of the female lawyers association admitted that although there is the absence of specific laws on violence against women there are laws which are of general application to both men and women. She contended that if such laws are applied and implemented strictly and effectively without any bias they will go a long way in addressing the issues of gender based violence and thus promote and protect the rights of women. Madame Sallah-Njie made mention of the constitution of The Gambia which, she said, gives guarantees and rights to women. She said section 28(1) and (2).of the Constitution of The Gambia specifically provides for women to be accorded full and equal dignity of the person with men as well as having the right to equal treatment with men, including equal opportunities in political, economic and social activities; that section 20 and 21 generally provide for the protection from slavery and forced labour and protection from inhuman treatment, respectively.She however noted that sub section 95 (c) provides that subsection 92 shall not apply to any law in so far as that law makes provision with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; that for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.’Madam Sallah-Njie submitted that the effect of paragraphs (c) and (d) of subsection (5) of section 33 is that the National Assembly can make discriminatory laws in so far as they fall in the realm of customary law like marriage, burial, devolution of property and other matters of personal law. “In other words, once it can be proven that a particular law is sanctioned by personal or customary law, it does not matter how discriminatory or harmful it is, either of itself or in its effect. This provision renders nugatory all the innovative provisions in the constitution,” said the president of the female Lawyers association of the Gambia.

source: foroyaa news paper

Saturday, October 10, 2009

The Education Authorities Need to Explain

Many parents of girl children are coming to us to explain that they are finding it difficult to get assistance from relatives abroad or NGOs at home, to pay the tuition and fees of their girl children.

According to them, those who used to assist them claim that it has been announced by the Government that there is free education for girls in the Gambia. We have been monitoring the bills of girls at the Upper Basic and Senior Secondary Level and can see what the parents are complaining about. What is clear from the bills issued by Upper Basic Schools is that Girls pay 375 dalasis less than the rate established for boys. At Senior Secondary School the girls pay 600 dalasis less than what is paid for the boys.Girls who are worse off are the ones moving to grade 10 who have to purchase text books. We have seen bills ranging from D5000 to D10, 500. Parents are wondering what is what. Unless the Government issues a Press Release on the matter those who should assist the poor and the disadvantaged will continue to express their doubts and hesitate in assisting needy children. The word free should be dropped completely unless all educational expenses are paid by government. Government needs to take up the matter of the cost of education very seriously. There are many people dropping out of school because of financial difficulties. There are some good people who want to assist but are not sure of government policy.

Thursday, October 8, 2009

Dear all,

In view of the current situation in Guinea and in solidarity with our fellow MILEAD sister , Aminata Fall, the victims, hurting families ( of rape, kidnaps, torture, brutal death etc)and the poeple of Guinea, we the first set of MILEAD fellows have come out with a statement of solidarity and a petition which we would like you to sign/ endorse and circulate in your networks and please remember to let have it back.

"Take action with us- forward your NAME and COUNTRY to be included as a signatory to this urgent petition" or something in this light. (Or join us today to demand action- to sign the petition, forward your name and country to: info@moremiinitiative.org and mivoice.redaction@gmail.com

Below is the solidarity statement and the petition.

Solidarity statement
Following the 28th September violence in Conakry, we the first generation of Fellows of the Moremi Initiative for Leadership Empowerment and Development (MILEAD), joining hands with several organizations and millions of people around the world, raise our voices to condemn the deterioration of the political situation to the detriment of the people of Guinea.We raise our voices first and foremost to express solidarity with our fellow MILEAD sister Aminata Fall and with the families of the victims.We condemn fervently the deaths of several innocent Guineans and the physical and sexual violence committed against the women of Guinea. These atrocities should not, indeed will not go unnoticed. These events must be brought to the forefront because once the people of a country face the butts of the army’s guns we must respond and act with the urgency that such a situation demands.The military regimes that have held power in Guinea since 1984 have continually perpetrated acts of violence against the Guinean population and have violated human rights and the rule of law. Indeed the massacre of 28th September was an inevitable deterioration of an already deplorable situation following the forcible military takeover led by Moussa Dadis Camara on 23rd December 2008. Less than a year later Camara rescinded his promise of a smooth transition from military rule to a democratically government chosen through free and transparent elections.We the young women of MILEAD, our partner organizations and other concerned individuals raise our voices in solidarity with the people of Guinea whose right to free political expression was mercilessly trampled upon by unscrupulous forces of the same Dadis Camara who now confesses to have lost control of the army that helped bring him to power. We not only condemn this obvious weakness of political structures and lack of institutions, we also demand that action be taken and encourage our partners to join us in working with the people of Guinea to restore hope, healing and political change.We raise our voices particularly against the violent physical and sexual abuse of women and girls on this terrible day in Guinea’s history. We decry the use of rape as a tool of conflict, of intimidation or of punishment and we above all decry the use of the female body as an arena for violently hashing out political differences. Brutal gang rape will not go unpunished and we will seek redress at the appropriate national, regional and international institutions. As young women desirous of making a tangible contribution to the advancement of democracy and the rule of law in our respective countries, we use this statement of solidarity as a platform and a symbol of our socio-political engagement. We pledge to take a stand on issues, to vocalize our concerns and above all to take action whenever necessary since passive leadership is in fact no leadership at all.We call on the Guinean authorities to work towards a speedy return to peace and a respect for the rights of the people. We are aware that Guinea today is working towards finding her place on the African continent and on the international scene however this cannot be achieved by alienating the people and civil society.Our thoughts, our hearts, our sympathies go to the people of Guinea, to the victims, to those hurting and to their families.Ghana, 5th October 2009
Petition
To:

The President of Guinea

The Presidents of: Cameroun; Democratic Republic of Congo; The Gambia; Ghana; Kenya; Lesotho; Liberia; Malawi; Nigeria; Rwanda; Senegal; Somalia; South Africa; Tanzania; Uganda; Zambia and Zimbabwe

The President: ECOWAS Commission

We, Fellows of the Moremi Initiative for Leadership, Empowerment and Development (MILEAD), representing 21 African countries and communities in the Diaspora, in collaboration with our partners, raise our voices to demand an independent and internationally monitored investigation into the circumstances surrounding the deaths of 157 Guineans on the 28th of September 2009. We call for the immediate cessation of all tactics of repression, including acts of sexual violence against the women of Guinea and we demand swift legal action against all perpetrators of such barbaric acts. We also call for dialogue between the armed forces, the CNDD and the government in order to uphold the promise and duty of free and transparent elections in Guinea.

As young African women leaders committed to building a strong and democratic future for ourselves and future generations we can no longer tolerate any acts of barbarism and intolerance that violate the human rights, dignity or safety of far too many our fellow African sisters and brothers.

We remain convinced that barbaric violence must be replaced by social and political dialogue at the national and regional levels, for without this nation-building is an impossibility. We also believe that leaders at the community, national and international level have a central role to play in condemning the actions of the guilty and in expressing openly their solidarity for the victims.

1. We ask that the Presidents of our respective African countries (Cameroun, Democratic Republic of Congo, The Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Nigeria, Rwanda, Senegal, Somalia, South Africa, Tanzania, Uganda, Zambia, Zimbabwe), make a formal condemnation of the use of any repressive tactics in Guinea and demand an internationally monitored investigation into recent events.
1. Express support for free and transparent elections founded upon the right to freedom of speech.

2. Demand that legal action be taken to against those parties guilty of murder, rape and physical brutality on this day.



Tuesday, October 6, 2009

FLAG President on Violence Against Women

The President of the Female Lawyers Association in the Gambia (FLAG) Mrs. Janet T. Sallah Njie has stated that violence against women and girls is the most pervasive and yet is the least recognized human rights abuse in the world. Mrs. Sallah Njie was delivering a presentation on matters regarding violence against women at a consultative seminar on parliamentarians organized by GAMCOTRAP in collaboration with No Peace Without Justice on Tuesday 20th September at Kairaba Beach Hotel, Kololi.She noted that violence against women is a profound health problem, snapping women’s energy, compromising their physical health and also eroding their self esteem. “Despite its high costs, almost every society in the world has social institutions that legitimize, obscure and deny abuse,” she said.She further noted that for over four decades, women’s advocacy groups around the world have been working to draw more attention to the physical, psychological, and sexual abuse of women and also to stress the need for action. She dilated that those women advocacy groups have lobbied for legal reforms, and challenged the widespread attitudes and believes that support violence against women. Mrs. Sallah Njie further indicted that international institutions are speaking against gender based-violence, and also surveys and studies are collecting more information about the prevalence and nature of abuse. She further indicated that more organization services providers and policy makers are recognizing that violence against women has adverse impact for women’s health and society.She revealed that due to the concerted efforts of civil society associations, Non Governmental Organizations and Governments, the whole world recognizes the 25th day of November as the International Day for the elimination of Violence Against Women. This she said is a follow up to the recognition of the day and human rights defenders in the world also reengaged on 16 days of activism against Gender Violence, from the 25 November to 10 December, by embarking on activities and programmes geared towards ensuring the prevention and elimination of gender violence. She stated that the universal declaration on Elimination of violence against women places the issue of violence against women within the framework of existing international human rights standards and also be understood to present a moral commitment by UN member states to work towards eradicating violence against women.“The essential strength of the violence against women may prove to be found in it unambiguous terms, the direct reference domestic violence and acts occurring in the private sphere, and the exhaustive list of the forms of violence against women which should not and cannot be any longer tolerated,” she said. She noted that the primary weakness in the struggle against violence against women is that, the declaration is not a legally binding instrument, but it may act as a quasi-legal aide-memoir for governments when they are formulating and implementing policies relative to the rights of women. She said the declaration outlines the legal, administrative, social and educational measures which States should take to prevent and punish perpetrators of acts of violence against women.

source: foroyaa

Violence against women is a worldwide yet still hidden problem. Freedom from the threat of harassment, battering, and sexual assault is a concept that most of us have a hard time imagining because violence is such a deep part of our cultures and lives.