Gainako Newspaper

..............Foroyaa Newspaper Burning Issues
......................Issue No. 001/2007, 3-4 January, 2007....................Posted January 3rd, 2007

Editorial
WILL POVERTY BE REDUCED BY HALF BY 2015?
Eight years from now all countries are supposed to reduce poverty by at least half
its present prevalence. This is one aspect of the Millennium Development Goals. The
debate between the Secretary of State for Finance and the Minority Leader in the
National Assembly of The Gambia regarding poverty is instructive. The Secretary of
State for Finance and Economic Affairs indicated that Gambia will achieve the target
of the Millennium Development Goals in terms of the reduction of poverty. He
indicated that poverty has dropped from 69% to 58%.
The Minority Leader indicated that according to the Millennium Development Goals
anybody who earns less than one dollar a day in the Gambia would be considered to be
living in abject poverty. He argued that signs of reducing poverty should be
reflected in the rise of living standard or the increase in income of the poor. He
indicated that the best gauge as to whether poverty is on the decline is the salary
of the low grade employees of the public service. He lamented that cleaners,
messengers, uncertificated teachers, drivers, and many low grade technical or
clerical staff receives less than D1000 per month which amounts to less than 1
dollar a day.
He asked: If government cannot free its employees from poverty by raising the
minimum wage above 1 dollar a day, how can it free the unemployed and the poor
farmers from poverty?
Foroyaa strongly holds that the issue of poverty should not be reduced to an
academic exercise or semantics. Poverty is real and the recent decision to drive
beggars away from their green pastures is only compounding the problem and thus
making the authorities to be more insensitive to the plight of those who do not
have.
Something should be done to create a minimum wage that will give visible credence to
government’s claim that the PRSP is designed to reduce poverty.

FARMERS WORRIED ABOUT TRADE SEASON
By Abdoulie G. Dibba
Farmers around the country are worried about this year’s trade season. Talking to
this reporter, farmers noted that the late start of the trade season is a cause for
concern to them. They indicated that though their previous seccos have even been
cleared, up to the time they were talking to this reporter, the seccos were yet to
be fenced.
The farmers expressed dissatisfaction with this year’s producer price of D6, 500 per
tonne. They pointed out that the policy that farmers who transport their nuts to
the GGC depots would be paid D7, 500 per tonne does not benefit the farmers but the
buying agents, since no farmer can afford to hire a transport to evacuate their
nuts.
This reporter was taken to different stores by farmers to see for himself how their
nuts are stored and how the nuts have started to be infected by insects. The farmers
concluded by saying that the government should review its policy on the marketing
of groundnuts but to which government has emphasised over and over again that it is
abdicating its responsibility in the buying of groundnuts.

GOVERNMENT PROVIDES D33.4 MILLION TO IEC
By Abdoulie G. Dibba
The Government of The Gambia provided IEC with funds to the tune of D33.481, 869.00
(Thirty-three million, four hundred and eighty-one thousand, eight hundred and
sixty-nine dalasis) for the conducting of the 2006 registration of voters and the
Presidential election.
These revelations were made by the Secretary of State for Finance and Economic
Affairs, Hon. Bala Gaye, while responding to a question raised by the Member for
Illiasa, Hon. Kebba E.A. Touray, at the National Assembly. SoS Gaye told deputies
that the amount includes funds required by other institutions of government that
were actively involved in the whole exercise e.g. The Gambia Police Force, The Army,
The NIA and State Guards. Further more SoS Gaye said part of the funds will also be
used for the upcoming National Assembly elections in the year 2007. He concluded by
saying that the final figures on government expenses will only be known after the
2007 National Assembly Elections.

HALIFA’S CONTRIBUTION TO THE DEBATE ON THE NATIONAL PLANNING COMMISSION BILL
By Abdoulie Dibba
In his contribution to the bill, the Minority Leader and Member for Serrekunda
Central Honourable Halifa Sallah said development is about strategic objectives
being translated into policies, programmes and projects. He argued that the vital
thing is for one to be able to evaluate what one is doing periodically in order to
find out whether the strategic objectives are being attained or not. He said this
evaluation mechanism is inconceivable without a planning body.
Halifa pointed out that there is absolute need to create such an institution since
there are plans associated with the Millennium Development Goals and the Poverty
Reduction and Growth Programme that is being negotiated with certain institutions,
which also require the achievement of certain goals. “Therefore the development of
an institution that would be goal oriented is absolutely necessary, and in line with
what is desirable. What is important is to look at the structures being created, the
institution being created to examine whether they can serve the very purpose for
which they are being created,” he said. Looking at the functions of the Commission,
Halifa said one will discover that “they are to: -
a) Formulate comprehensive national development strategies and policies and
ensure that the strategies influence the plans of the implementing agencies;
b) Coordinate the preparation and implementation of the multi-year rolling
plans for The Gambia, including the five-year Medium Term Plan and the Poverty
Reduction Strategy Paper.”
Halifa therefore asserted that “the Commission is responsible for formulating
strategies and working out plans for their implementation. He indicated that Clause
4 reads: the commission shall consist of:-
a) A full time chairperson;
b) Secretary of state for Finance & Economic Affairs;
c) Secretary of State For Trade, Industry and Employment;
d) Secretary General Office of the President;
e) The governor of the Central Bank of the Gambia;
f) The President of the Gambia Chamber of Commerce and Industry;
g) A representative of the Gambia Association of Local Government Authorities;
h) A Director General of the Commission who shall also be the Secretary to
the
Commission; and
i) Two other members
He further observed that the Commission also plays an advocacy role and that its
function is very comprehensive.
When reviewing its composition, Halifa expressed the need for some explanation as to
why the composition was in such a nature. He questioned how much time the members
would have to perform the function of the commission. He also cited that under
clause 20 (1), a mechanism has been created where the commission shall establish the
following Directorates:-
a) Directorate of Economic policy, analysis and management;
b) Directorate of Development, planning implementation and coordination;
c) Directorate of Research, Monitoring and Evaluation;
d) Directorate of Finance and Administration;
e) Such other Directorate as it may require for the proper functioning of
the commission.
Halifa then argued that he would like to imagine that these are going to be the
technocrats who would be doing the actual work that is expected under the functions
of the commission. He said what he cannot comprehend is that since the people who
are going to be part of the commission would not actually make policy how efficient
then is it for these technocrats to do the work and then pass it on to a commission
comprising mainly of Cabinet members and who in turn would finally forward
everything to the whole cabinet for decision. He said he would want to know why this
is considered to be the appropriate composition for the commission. He observed that
what is significant is that the Commission would do its work and would report
annually to the National Assembly; that it states under Clause 24 that the
commission shall report to the president and the president shall as soon as possible
after receiving the annual report cause it to be laid before the National Assembly.
So he said: “We have the power of scrutiny. What ever happens in its first year, we
should be able to look at and see whether it is actually achieving the purpose for
which it was intended.” On the issue of directives to the councils, Halifa said that
the commission should not give guidelines and directives to the councils and argued
that the commission should be a technical unit helping national and local
institutions to do things in a proper manner so that facts would dictate the types
of policies we are going to have which in turn would dictate the type of programmes
and projects necessary to address the issue of sustainable economic development.

NOMINATION FOR N.A., 4-6 JAN
Nomination of candidates for the forthcoming National Assembly elections is
scheduled to take place from 4 - 6 January 2007. Candidates are to be nominated at
the regional office where their constituency is located. For example candidates for
Bakau constituency are to submit their nomination papers at the IEC regional office
at Kanifing East Estate.
There are 48 constituencies to be contested. By 4pm on Saturday 6th January 2007
when nominations are closed we would know all the contestants and the political
parties or inclination they represent.
The IEC has scheduled for APRC candidates to be nominated on 4th January, NADD on
the 5th January and UDP on 6th January. The candidates of any other political party
outside of these three political groupings or any prospective independent candidate
who wishes to tender his/her nomination papers may do so on the 4th, 5th or 6th
January. But the IEC would prefer the interested parties and individuals to inform
the returning officer in their respective regions in advance so that they could be
scheduled on any of the three days.
Nomination forms are available free of charge upon request from any of the IEC
regional offices.
Each candidate must be nominated by 300 registered voters. He/she must submit
his/her nomination papers together with a sworn declaration of his/her assets,
income tax clearance and a cash deposit of D5, 000 or a receipt to that effect. The
constitution requires a leave of absence for one year without pay to be granted by
employers when an employee holding public office wishes to stand for election. Such
a letter should be submitted by such employee.
A campaign period is expected between 10th and 23rd January followed by election on
25th January.

IGP BEMOANS INABILITY TO ENFORCE WOMEN’S PROTOCOL
By Modou Nyang
The Police lack the legal instrument to effectively enforce the Women’s Protocol due
to the non domestication of the document, said Musa Mboob, the Inspector General of
Police. According to the IGP, the Police have been dealing with cases relating to
the Protocol, but because it has not been domesticated by law makers, they have not
been able to effectively prosecute offenders.
Delivering a paper at a symposium marking the first anniversary of the coming into
force of the Protocol of the African Charter on the Rights of Women at the Kairaba
Beach Hotel, the Police IG said laws and legal enforcement mechanisms are critical
if the Police are to hold offenders accountable and keep Women safe. He said “to
effectively deal with this issue, laws and legal enforcement mechanisms are critical
component(s) of our effort to keep women safe and hold all offenders accountable for
violent behaviour”. According to IG Mboob, the Police is one of the most important
stakeholders in the drive to enforce the Protocol and called on Police Officers to
immediately act upon receiving complaints of such nature.
The Inspector General of Police also lamented the negative influence of culture in
enabling the Police to try Women rights offenders. He asserted that Women often seek
to withdraw cases when they learn that the abuser may be punished by a monetary fine
or imprisonment. “This has been a factor that is greatly hindering progress,” he
lamented. The IG stated that his institution has recently created a Human Rights
Unit with a view to not only arresting and prosecuting offenders but also to enable
the proper handling of issues of violation of the rights of vulnerable persons in
our society.

ARMED ROBBERS HIT BADDIBOU
By Fabakary B. Ceesay
Reports have it that nearly a dozen men armed with hunting guns and machetes on
Thursday 14th December 2006 attacked the small border village of Kerr Katim in
Central Baddibou District, North Bank Region.
According to a customs officer stationed at the said village, the robbers came from
the direction of the border with Senegal with a horse cart. He said that the horse
cart was hidden on the outskirts of the village and the robbers waited until night
fall to carryout their operation. He said that the robbers struck around 8:30pm when
they, (the officers) had left for border patrol.
According to him, a Mauritanian businessman was affected and was badly wounded with
a machete. He explained that when the villagers intervened to help the businessman,
they were shot at with the hunting gun and that about a dozen villagers have
sustained gunshot injuries. He disclosed that the robbers have made away with an
amount of nine (9) million CFA francs and one hundred thousand (D100, 000) Gambian
dalasi.
In a separate incident, according to the same officer, another group of armed
robbers have earlier on attacked a “Lumo” border village of Kerr Pateh, also in
Central Baddibou. According to the officer, the robbers hit the “Lumo” village on
Tuesday 5th December 2006, on the eve of the “Lumo” day which is every Wednesday. He
told this reporter that different shops were attacked and that the
robbers have made away with uncountable materials, valuables and monies. He noted
that the robbers spoke broken Wollof and that they headed towards the Senegalese
border.

..................Saddam's legacy:
...Is it an embodiment of brutality and inhumanity or a footnote in the doldrums of world history?
.....................................By Binneh S Minteh............Posted January 3rd, 2007

The drumming and chanting in Baghdad, the dancing around Saddam's death body and Jubilations in
Michigan by Iraqi Americans and thousands of Iraqi victims around the world has left the legacy of a
one time fearful and powerful icon on a questionable platform. Was he an embodiment of Brutality
and inhumanity? Does this make him already a footnote in the doldrums of world history? Images of
the former dictator's execution, his death body on television screens, and other international media
outlets speak volume before any peace-loving, and justice guiding person or persons.

Although many remain strongly opposed to capital punishment, what is clear is that the one time brutal and untouchable
dictator has fallen in disgrace. A man widely known to have used chemical weapons against his own people, fought a bloody
war against neighboring Iran and invaded Kuwait , was dragged from a rat-pitch during the invasion by coalition forces. A
one time most fearful man who executed thousands of his own citizens was reduced to a laughing stock before the civilized
world and his victims in particular.

Images and reactions on television screens after the execution of Saddam Hussein are a simple manifestation that Dictators
can no longer hide after committing gross violations of human rights. It is precisely on the ability of citizens of a nation
together with the international community that one can claim a growing legitimacy in that direction. Thus it is that legitimacy
that has become a fundamental norm in chasing and shaming dictators before the civilized international community. Saddam
Hussein like all other fallen dictators became the victim of such legitimacy.

In this perspective, the robust transformation and enforcement of International human rights law has raised many hopes for
civilized global citizens whilst fear continue to ravage the remaining dictators. Yet alternatively, those who adopt a more
skeptical perspective towards bringing Dictators before national and international tribunals must not doubt that the
international community is moving rapidly beyond national boundaries to a global community that is increasingly empowering
people, strengthening human rights, and respect for the rule of law. " For all the limitations of its enforcement, these are
significant changes that, when taken together, amount to the rejection of the doctrine of legitimate power as effective control,
and its replacement by international rules that entrench basic humanitarian values as the criteria for a legitimate government"
(McGrew et.al)

The execution of Saddam Hussein is therefore based on international legal mechanisms containing aggressions and abuse of
human rights by leaders and their accomplices. For it was apparent that various forms of violence perpetrated against
individuals and many other forms of human rights abuses took place under the reign of the authoritarian Iraqi leader. In fact,
one could argue that although capital punishment is questionable, Saddam Hussein deserved the punishment he got.

The recognition in international law of the offences of war crimes, genocide, and the crime against humanity makes clear that
acquiescence to the command of national leaders will not be considered sufficient grounds for absolving individual guilt in
these cases (Held et al). This foundation was laid at the International Tribunal at Nuremberg; the backbone of individual
criminal responsibility. The tribunal in Nuremberg after the Second World War "laid down for the first time in history, that
when international rules that protect basic humanitarian values are in conflict with state laws, every individual must transgress
the state laws (except where there is no room for "moral choice", i.e., when a gun is held to someone's head) ( Cassese
1998, 132). Modern International and National courts has generally endorsed the position taken by the tribunal at
Nuremberg and continue to affirm its rejection of both the defense of obedience to superior orders and official position in
cases of crimes against peace and humanity. As one legal scholar noted: "Since the Nuremberg Trials, it has been
acknowledged that war criminals and criminals of crimes against humanity cannot relieve themselves of criminal responsibility
by citing official position or superior orders. Even obedience to explicit national legislation provides no protection against
international law" (Dinstein 1993, 968). It was such a position held by the Iraqi court that sentenced Saddam Hussein to
death.

With differing opinions about the former autocratic Iraqi leader's trial, sentencing and execution, a backdrop is worth
returning to the questions posed at the beginning of the article: Is his legacy an embodiment of brutality and inhumanity? Is a
Hero? Is he already a footnote in the doldrums of world history? An analysis of the former dictator's two decades of
tyrannical reign could make anyone conclude that his legacy is not only an embodiment of brutality and inhumanity, but also
one of a footnote in the doldrums of world history. Justice has successfully taken its course for millions of victims and Iraqi's
at this juncture should reconcile and move on. It is therefore a lesson for other remaining dictators that they could run, but
could never hide.

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