Amnesty International 2014/15 Report On Gambia

Republic of the Gambia

Head of state and government: Yahya Jammeh

2014 marked 20 years since President Yahya Jammeh came to power.1 The authorities continued to repress dissent. The government continued its policy of non-co-operation with UN human rights mechanisms. Successive legislation was passed further restricting freedom of expression and increasing punitive measures against journalists. Human rights defenders and journalists continued to face imprisonment and harassment. The rights of lesbian, gay bisexual, transgender and intersex (LGBTI) people were further threatened. The year ended with an attempted coup on 30 December, leading to dozens of arrests and widespread crackdowns on media outlets.

Background

Gambia’s human rights record was assessed under the UN Universal Periodic Review (UPR) in October.2 Concerns by UN member states included Gambia’s restrictions on the right to freedom of expression, its renewed use of the death penalty, and discrimination and attacks on people on the basis of their sexual orientation and gender identity.

During their visit to Gambia in November, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture were denied access to detention centres where prisoners were believed to be at risk of torture. They described torture as a “consistent practice” in Gambia and expressed concerns about the 2012 executions and the climate of impunity.3 In August, the authorities had unilaterally postponed the visit of the Special Rapporteurs, without adequate explanation.

In January 2013, President Jammeh suspended political dialogue with the EU following the inclusion of human rights on the agenda. Although discussions resumed in July 2013, little progress was made on implementing human rights commitments. In October 2013, President Jammeh announced Gambia’s withdrawal from the Commonwealth, which was collaborating with the Gambian authorities on capacity-building initiatives for the judiciary and establishing a national human rights commission.

Freedom of expression

Successive legislation was passed in recent years restricting the right to freedom of expression.

In August 2014, the National Assembly passed the Criminal Code (Amendment) Act that introduced the charge “absconding state officials”. This could be used to target individuals who expressed dissent and chose to remain outside the country.

In July 2013, the National Assembly passed the Information and Communication (Amendment) Act, allowing for penalties of up to 15 years’ imprisonment and hefty fines for offences including: criticizing government officials online; spreading “false news” about the government or public officials; making derogatory statements against public officials; and inciting dissatisfaction or instigating violence against the government.

In May 2013, the National Assembly passed the Criminal Code (Amendment) Act, broadening the definition of various offences and imposing harsher punishments for acts of public disorder, such as “hurling abusive insults” or “singing abusive songs”, and for giving false information to a public servant. For example, the Act increased the punishment for providing false information to a public servant from six months’ to five years’ imprisonment and/or a larger fine.

Journalists

Journalists faced harassment, intimidation, arbitrary arrest and detention for carrying out their legitimate work.4

Sanna Camara was arrested on 27 June and charged with publishing false information after writing an article on human trafficking in Gambia for the Standard newspaper. He was denied access to a lawyer or his relatives. He was released on bail the next day and ordered to report to the police headquarters several times per week over several months.

Human rights defenders

Human rights defenders faced harassment, intimidation, arbitrary arrest and detention, torture and enforced disappearance. There were risks of reprisals against Gambians who sought to engage in relation to the UPR examination on Gambia and ahead of the visit of the UN Special Rapporteurs.

By the end of the year no investigation had been instigated into the unlawful arrest and torture of Imam Baba Leigh, a prominent human rights defender and Muslim cleric. He had been arrested by National Intelligence Agency (NIA) officers in December 2012 and placed in incommunicado detention. He was repeatedly tortured for publicly condemning the government’s use of the death penalty. He was released following a presidential pardon in May 2013 and subsequently left the country in fear for his safety.

Torture and other ill-treatment

Detainees were routinely tortured by law enforcement personnel as punishment and in order to force “confessions”.

Abdou Jeli Keita, an officer with the National Drug Enforcement Agency and a former journalist, was pushed into a car outside his home in Wellingara on 1 August by five men wearing civilian clothes, believed to be members of the security services. He was blindfolded and driven to an undisclosed location where he said he was detained and beaten. Abdou Jeli Keita was not charged, nor allowed access to a lawyer or his relatives. He was told by his captors that he was detained because he was suspected of publicizing information on poor prison conditions. He was released the following day.

On 18 December 2013, Amadou Sanneh, national treasurer of the opposition United Democratic Party (UDP), and two other UDP members, Alhagie Sambou Fatty and Malang Fatty, were convicted of sedition and sentenced to up to five years’ imprisonment. They were held incommunicado at the NIA headquarters for nearly a month prior to their trial in October 2013. All three alleged they were tortured to confess on national television. Alhagie Sambou Fatty and Malang Fatty had no legal representation throughout their detention and trial. The three men are prisoners of conscience.

Death penalty

In November, the Supreme Court commuted the death sentences of Lang Tombong Tamba and six others to life imprisonment. The seven men – Chief of Defence Staff Lieutenant General Lang Tombong Tamba, Brigadier General Omar Bun Mbye, Major Lamin Bo Badgie, Lieutenant Colonel Kawsu Camara, former Deputy Inspector General of Police Momodou B. Gaye, Gibril Ngorr Secka and Abdoulie Joof – were convicted of treason and sentenced to death in 2010. They had been sentenced to death for treason, contrary to the Constitution which permits the death penalty only for crimes “resulting in the death of another person”.

In a media interview in August 2013, President Jammeh justified the retention of the death penalty as being “divine law” and stated that he would not pardon anybody condemned to death. This would deny defendants’ right under international law to seek clemency.

Rights of lesbian, gay, bisexual, transgender and intersex people

At least eight people, including three women and a 17-year-old youth, were arrested by men identifying themselves as agents of the NIA and Presidential Guards between 7 and 13 November and threatened with torture because of their presumed sexual orientation. They were told that if they did not “confess” their homosexuality, including by providing the names of others, a device would be forced into their anus or vagina to “test” their sexual orientation. Such treatment would violate international law prohibiting torture and other ill-treatment. A further six women were reportedly arrested on 18 and 19 November on the same grounds.5

In August, the National Assembly passed the Criminal Code (Amendment) Act 2014 which created the crime of “aggravated homosexuality”, carrying a life sentence. The wording of the Amendment was vague, making it open to wide-ranging abuse by the authorities. Among those who could be charged with “aggravated homosexuality” were “repeat offenders” and people living with HIV who were suspected of being gay or lesbian.6

In a speech on national television in February, President Jammeh attacked LGBTI rights, stating, “We will fight these vermin called homosexuals or gays the same way we are fighting malaria-causing mosquitoes – if not more aggressively.” In May, President Jammeh threatened Gambians seeking asylum as a result of discrimination on the basis of their sexual orientation.

Impunity

The government made no progress towards implementing the judgments of the ECOWAS Court of Justice in the enforced disappearance of journalist Ebrima Manneh, the torture of journalist Musa Saidykhan and the unlawful killing of Deyda Hydara.7

https://www.amnesty.org/en/countries/africa/gambia/report-gambia/

End

Jammeh Bans Gambling, Yes To Dictatorship

The Gambia Radio and Television Services last night broadcast the new banning orders placed on regular and deep rooted past time playing lotteries, betting and other gambling games in the country.

Many observers are perplexed with the new development. However, fears are growing that, President Jammeh is using his renewed isolation to appeal to countries sympathetic to such causes. Will the ban open up new frontiers of underground illegal betting and casinos controlled by mafias? Will President Jammeh himself be secretly controlling the underground betting syndicates which is now a serious international money laundry methods and crimes police by Interpol? Time definitely will tell.

With effect from today, lotteries, casinos and all forms of gambling in The Gambia are to cease operations, according to a statement from the Office of the President.

Read the full text of presidential release cullef from The Point below:

“The Government of The Gambia hereby announces that it has banned lotteries, casinos and all forms of gambling in The Gambia with effect from Monday, 2nd March 2015. All operators of these services and establishments are hereby instructed to cease operations from the effective date.

“Gambian society has been built on the foundations of promoting positive social values like thrift and integrity rather than negative ones like greed and avarice. Therefore, it is the duty of the Gambia Government to safeguard and promote the public welfare of our citizens.

“Of recent, sports betting and gambling dens have mushroomed all over the country. One often sees pupils as young as seven years of age lining at kiosks during school hours and spending their ‘lunch money’ on purchasing sports betting tickets. Also, families often go hungry because household incomes are wagered in gambling dens.

“While proponents argue that gambling and lotteries could be effective ways to raise taxes, it is clearly evident that these vices often hurt those who are poor and disadvantaged. The social and economic costs are enormous and show up in the shattered lives of individuals and their families.

“Gambians are predominantly followers of Islam and Christianity and both religions explicitly or implicitly strictly forbid adherents from engaging in gambling.

“The Gambia Government will not allow such unethical and exploitative businesses to operate in The Gambia and will vigorously take all actions to prevent the young of The Gambia from becoming a generation of compulsive and addicted gamblers.”

Ends

UN Pressured To Act On Gambia

Amnesty international has made 17 point recommendations to United Nations members expressing concern about The Gambia’s flagrant violation of human rights. The rights group wants the country to either comply with the special rapporteur’s demands or bear the brunt for terrorising ordinary citizens.

AI felt the need to pile pressure on UN members to act fast on The Gambia for violating the special rapporteur’s mission.

At its 28th regular session, the UN Human Rights Council (HRC) will consider the report of the Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment on his visit to The Gambia. The visit was jointly undertaken by the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions from 3 to 7 November 2014.

Amnesty International commends the Special Rapporteur’s efforts in positively engaging the Gambian authorities and larger civil society. The organisation deplores the government’s decision to deny the Rapporteurs access to the Security Mile 2 Central Prisons, where death-row prisoners and others sentenced to long prison terms are held.

That decision demonstrated again the government’s blatant disregard for cooperation in the field of human rights. The Special Rapporteurs noted in their Preliminary Findings that this restriction was imposed despite the government’s written agreement to the Terms of Reference of the two mandates.

Amnesty International is concerned that the government’s unwillingness to cooperate with international monitors is a striking contradiction with The Gambia government’s own commitment made during the Universal Periodic Review (UPR) of Gambia to “continue in its endeavour to promote and protect human rights in the country”.

Amnesty International urges the HRC, its members and observer states to do the following:

Condemn the Gambian government’s blatant failure to respect the Special Rapporteurs’ Terms of Reference, thereby undermining their investigation;

To establish an investigation into the circumstances surrounding the December 2014 attempted coup and related human rights violations, including investigations into arrests and other forms of repression.

Call on Gambia to:
Constructively engage with the Special Rapporteurs and act on their recommendations without delay;

Desist from reprisals and intimidation against persons cooperating with the UN in the field of human rights;

Improve the conditions of detention in all places of detention and ensure that prisoners and detainees have access to medical care, adequate and appropriate food, hygiene and exercise;

Investigate all allegations of torture or other ill-treatment and hold to account the individuals responsible;

Ensure that information obtained under torture is not allowed in any proceedings;

Establish an independent mechanism that promptly and effectively investigates all allegations of torture or ill-treatment;

Establish a permanent moratorium on executions, with a view to abolition, commute all death sentences, and ensure that prisoners on death row enjoy fully their right to seek clemency;

Ensure that all prisoners on death row have access to their lawyers and families;

Immediately end the policy of continued harassment, intimidation, arbitrary arrest and torture of people due to their perceived sexual orientation and of human rights defenders, journalists, political activists, and their families;

Repeal legislation that restricts freedom of expression inconsistently with human rights standards, i.e. the Criminal Code (2014) amendment, the Information and Communication (amendment) Act 2013 and the Criminal Code (amendment) Act 2013;

Comply and implement expediently the judgements of the ECOWAS Court of Justice; and

Ratify human rights treaties, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, the International Convention for the Protection of All Persons from Enforced Disappearance, and the African Charter on Democracy, Elections and Governance

For the complete article click link below:

https://www.amnesty.org/en/documents/afr27/1100/2015/en/

Ends

Bed-ridden Tycoon Denied Family Access

NIA DG Yankuba Badjie

National spy agents have reported to have denied the detained bed-ridden tycoon access to his family.

Alh. Kebba Touray is among hundreds of people currently being detained in a country that marked 50 years of nationhood last week.

“The Golden Jubilee celebration means nothing to anyone denied due process or justice,” one man groaned in Banjul. “Independence is all about attaining freedom but we lost that freedom since 1994. Our founding fathers did not fight so their sick offspring be detained arbitrarily,” he said, referring to the case of Mr. Touray who remains illegally detained at the National Intelligence Agency headquarters in Banjul. The Banjul native tycoon has so far spent a month in state custody.

In a dramatic twist, spy agents have now denied Mr. Touray access to his family, which also violates his constitutional rights in an independent Gambia. “We have not been allowed to see him, let alone provide him food and clothing,” a close family source told Kairo News.

The Gambia government remains tight-lipped on the current wave of illegal arrest and detention, especially after the December 30th failed coup d’etat. Families of detained relatives have not been informed about the reasons. All these desperate families have been searching for answers but without success.

Mr. Touray’s family is deeply worried about the frailing health condition of a man who has been bed-ridden for six months.

This is the second time Mr. Touray is having a brush with the goverment. In 2009, he was briefly detained shortly after Lt. Gen. Lang Tombong Tamba, the former Chief of Defence Staff (CDS) of the Gambia Armed Forces (GAF), and the others were detained for attempting to dislodge President Jammeh from power. 

Ends

Did GMC Leader Mai Fatty Blink?

GMC offers ‘standing ovation’ to President Jammeh

The party leader of Gambia Moral Congress (GMC), Mai Ahmad Fatty, has commended President Yahya Jammeh for his “solemn executive pronouncement” forgiving Gambians abroad who might have wronged him and for proposing reconciliation outreach to them, saying they are all Gambians who are free to return home and participate in the national construction and socio-economic development taking place in The Gambia.

In a press release sent yesterday to The Point, GMC party leader Mai Fatty stated: “GMC welcomes the President’s proposed reconciliation outreach to Gambians in the Diaspora contained in his recent interview with the DG of GRTS, Mr Kebba Dibba.

This initiative is in consonance with our previous calls for national reconciliation and political dialogue involving all political stakeholders, both at home and in the Diaspora.

Therefore, GMC strongly supports this gesture and further praises President Jammeh’s political courage and goodwill in effectively engaging those he may have considered his arch political adversaries.

A hallmark of pragmatic leadership is the capacity to harness and work with all shades of divergent opinions, with the ability to objectively dissociate issues from personality.

Reconciliation must not be an end in itself. It should aim at serving the overriding national interests. It should not be symbolic or paternalistic. It should not be a trap to horde, traffic perceived opponents back to the country or a ploy to attract and assemble a significant community of non-conformist diasporans within the country, to neutralize or obliterate them using pre-planned judicial processes against them or systematic heavy-handed law enforcement persecution.

Like most Gambians, GMC is encouraged in assuming the President’s sincerity by virtue of the strong moral and spiritual justification or rationale provided by himself.

Rightly, we too subscribe to the President’s understanding of the Holy Quran that to aspire for Allah’s forgiveness, a good Muslim and a good Muslim leader like him should contain the capacity to forgive.

It is now imperative that the President’s strong moral and spiritual relevance that guided his deliberate pronouncement, be solidified into an effective political policy framework, the implementation of which would in practice be reflected not only in governance but openly and verifiably applied by the entire government machinery.

Sincerity, which was publicly assured by President Jammeh to the hearing and sight of his fellow Muslim citizenry, requires it’s unconditionally as an imperative Islamic component. That is why the President publicly appointed the Supreme Islamic Council the national mediating role.

In implementing this highly unexpected conduct, GMC offers a standing ovation to President Jammeh.

Beyond reconciliation efforts extended specifically to the Diaspora, it is imperative for national political dialogue to take place on issues such as the electoral reforms, amnesty to political detainees and prisoners, rule of law discrepancies, etc.

GMC encourages the government to take a positive, bold new initiative on these issues. We undertake to support and complement government’s efforts on these matters as a responsible national opposition. This is because it falls within our stated competence of supporting and working with the government on areas of common moral or policy convergence such as these.

Our constitutional role as a government-in-waiting is not simply to oppose every government policy, action or conduct for the sake being an opposition. Rather it is proper and mandatory to accord national interests pre-eminently, to openly support government when national interest demands, and to offer concrete divergence when in our estimation such interests equally require.

When a serious leader seizes the rare opportunity making a solemn pronouncement on the occasion of a national milestone, it is taken seriously by all citizens and the world at large. A serious leader does not make frivolous statements or utterances he has no intention of honouring. That is not only unIslamic or satanic but outright treacherous and unpatriotic.

All Gambians both at home and abroad and the international community GMC look forward to the rapid, full unconditional translation of the solemn Executive pronouncement from mere words to verifiable concrete action.”

Source: Picture: Mai Ahmad Fatty, GMC

Source: The Point

Ends

Gambian Turns 50

Sir Dawda Jawara led The Gambia to independence

By Momodou Ndow

The idea of fighting for Independence, gaining it, and self-rule sounds pretty romantic, right? But as Gambia celebrates 50 years of Independence, I’m not looking at the “romantic” aspect, but the “reality” aspect instead. Where are we after 50 years? That is the question.

Some argue that we should all be patriotic and celebrate Gambia for her beauty and culture in her 50th year of nationhood, and not ask questions or utter unfavorable comments. But is that what celebrating our Independence means? First, let’s look at what Independence means. Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over the territory. Second, what does it mean to be patriotic? Patriotism literally means to have love and devotion for country, which is subject to interpretation, depending on who you ask.

If by “country” you mean nature – rivers, rocks, beaches, majestic mountains, and the like, then that’s not patriotism for me. That belongs to nature and almost every country has a nice collection of rocks, rivers, beaches and mountains or hills. If that is what patriotism means, then Gambia have precious little we can claim and show massive love for, because I have seen prettier out there. And would anyone give up their life for a beach or river? Certainly not!

Patriotism is not a blind trust in anything our leaders tell us or do either, that would constitute a “mindless goose-stepping syndrome.” Waving or posting the flag can be a sign of patriotism, but that’s only outward, so let’s not cheapen the term by suggesting that it’s more than just an outward sigh. I have seen and heard Gambians express a feeling of something we superficially call “patriotism”, so the question then must be asked – what is this thing, anyway? Is it so cheap that and meaningless that a simple gesture of waving or posting a flag makes you patriotic?

In my little book, I subscribe to a patriotism deeply rooted in the reasons we sought Independence and the idea of good self-governance, not culture or scenery. Self-governance must include the right to life, liberty, and the pursuit of happiness. These are unalienable rights endowed to man by God. The role of government is to protect the peace, our property, and preserve liberties, and doing so with the consent of the people. It’s the right of a free people to resist a government that has become abusive and destructive, as part of the laws of nature. To me, this plays a huge role in the meaning of patriotism.

But my question still remains: Where are we after 50 years of Independence? With that, I now leave you with the National Anthem.

For The Gambia, our homeland
We strive and work and pray,
That all may live in unity,
Freedom and peace each day.
Let justice guide our actions
Towards the common good,
And join our diverse peoples
To prove man’s brotherhood.
We pledge our firm allegiance,
Our promise we renew;
Keep us, great God of nations,
To The Gambia ever true.
Momodoundow.blogspot.com

Ends

CHADIAN troops have won another major victory in the ongoing battle against Boko Haram

CHADIAN troops have won another major victory in the ongoing battle against Boko Haram by recapturing the town of Dikwa in Borno State from the terrorists after a major battle during which hundreds of insurgents were killed.

Over recent weeks, Chad has come to Nigeria's aid by providing 2,500 troops as part of a Multi National Joint Task Force (MNJTF) put together to flush out the insurgents. Made up of troops from Chad, Cameroon, Niger Republic and Nigeria, the MNJTF is being deployed in Nigeria to take on the terrorists.

By far the most efficient of all the armies, the Chadian troops have already taken the towns of Malam Fatori and Gamboru from the terrorists and in another incursion into Nigerian territory, they secured a major victory yesterday. About 50km south of the border, Dikwa, a historic town, which was once the capital of the old Kanem Bornu Empire, was a Boko Haram stronghold from where it launched attacks across the area.

Local resident Bababura Diwa, said: “Chadian soldiers took over Dikwa from Boko Haram after heavy fighting on Tuesday. When they came into Dikwa there was intense fighting but at last they subdued the Boko Haram fighters.

“They killed many of them, including Abu Ashshe, their commander who was notorious for seizing cattle in the area. I used the opportunity provided by the presence of the Chadian troops to leave the town as I was afraid to leave when Boko Haram took over the town for fear of being branded a traitor and killed.”

He added that  the Chadians came from Gamboru, which they previously recaptured, with heavy artillery power and overpowered a group of militants at Lomani village, 15 km from Dikwa. Jidda Saleh, another local resident, said Chadian troops launched heavy aerial and ground attacks on the Kala-Balge area, particularly Nduwu village, which he said was a major Boko Haram stronghold.

Mr Saleh said: “The whole village was bombarded and it is obvious Boko Haram suffered heavy casualties from the aerial attack. Ground troops moved in later.”

According to Mr Saleh, Meleri, which has a huge Boko Haram concentration camp, was also bombed by Chadian military jets and then taken over by ground troops. He pointed out that by the time he left, he learnt the Chadian soldiers were on their way to Kushimori village where Boko Haram keep the livestock they seize from people.

“They have kept thousands of livestock there and have sunk boreholes and recruited people to rear the animals for them," Mr Saleh said.  Algoni Wal-Amire, another Kala-Balge resident, welcomed the offensive.

“Living under Boko Haram was like living in a minefield. You are always afraid your next step could be your last, so I thank God I’m now safe from them,” he added.

Unlike Nigerian troops who are afraid to take on Boko Haram and abandon their weapons and flee when the terrorists attack, Chadian troops are said to be fiercely brave. Chad's army is also free from infiltration by Boko Haram whereas in Nigeria, Boko Haram has a lot of sympathisers in the military.

source:http://www.nigerianwatch.com/