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Momodou
Denmark
11823 Posts |
 Posted - 01 Nov 2009 : 13:33:00
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HALIFA SALLAH’S LETTER TO ALL POLITICAL PARTIES
By Halifa Sallah
Extraordinary circumstances do call for extraordinary responses if antagonisms are to be contained and sobriety in political leadership assured. It is my intention to take exception to the recent claim that the Gambian Political leadership constitutes a pitiful political class. I hope all of you will take exception to this aspersion in words and practice.
As a Co-Chairperson of the Inter-Party Committee, it is my duty to convey to you that matters that are under the jurisdiction of the Inter-party Committee for resolution are now being transformed into an irreconcilable contradiction between the UDP and the Inspector General of Police. It is therefore important to convene a meeting of the Inter-Party Committee to get evidence from the UDP regarding the alleged rejection of its application for permits to utilise instruments for the amplification of sound at its rallies. It is important to point out that these permits do, by ramification, give such gathering the characteristic of Lawful Assembly in a public place, by creating the enabling environment for political parties to get the protection of the police, in the diversion of traffic and the cooperation of vendors and other users of public space. Hence any arbitrary denial of permit to utilise instruments for the application of sound, at a particular location, would amount to the arbitrary abrogation of a Political Party’s right to freedom of assembly.
Suffice it to say that any restriction of the right of a Political Party to hold public meetings would be against the letter and spirit of the Constitution and electoral laws of The Gambia in particular and the Memorandum of Understanding between the Political Parties in general.
For the avoidance of doubt, allow me to remind all of us what is stated in the Constitution, the Electoral laws and the Memorandum of Understanding signed by the political parties.
Section 100 of the Constitution has made it an entrenched provision for The Gambia to maintain a multi- party system. It states in subsection 2(a) that: “The National Assembly shall not pass a bill to establish a one party state”. Section 26 of the Constitution adds: “Every Citizen of the Gambia of full age and capacity shall have the right, without unreasonable restrictions-
a) to take part in the conduct of public affairs, directly or through freely chosen representatives.”
Section 25 subsection (1)(e) further asserts: “Every person shall have the right to freedom of association, which shall include freedom to form and join associations and unions, including political parties and trade Unions”
The Constitution did explain very clearly that holding political gathering to sensitise the public is the most basic or elementary function of a political party. However section 60 of the original text was amended. This was criticized with overwhelming thoroughness. The arguments were so convincing that the then Attorney General had to work out an amendment to the Elections Decree to incorporate the rights of political parties to put their ideas and programmes before the people. It reads: “Subject to the provisions of this section, political parties may be established to participate in the shaping of the political will of the people, to disseminate information of political ideas and political, economic and social programmes of a National Character and to sponsor candidates for public elections”
The Elections Decree further buttresses that a multi party system is here to stay by asserting that: “The number of political parties shall not be limited by Law and every citizen of the Gambia shall have the right freely to choose whether or not he or she will become a member of a political party and which party he or she will support”
Suffice to say that the Government, and all departments and agencies of the Government including the police should accord full assistance to all stake holders in their effort to make the multi- party system functional.
You would recall that the Memorandum of Understanding between the Governing Party and the Opposition was signed on the 6th of February 2006, to ensure a renewed commitment to the values of multi-partism. The political leaders of the Gambia told the whole world that they do recognise
“that a peaceful and stable political environment, underpinned by a transparent, plural and democratic political dispensation, is vital for The Gambia’s future prosperity and for the happiness and well-being of its people; and that they were “aware that dialogue and co-operation between political parties and a constructive national conversation with the Gambian people represent key cornerstones in the consolidation of democracy in The Gambia.”
They therefore came to the agreement that “in the higher interest of The Gambia,” they would “work constructively towards national reconciliation and the consolidation of democracy, respect for human rights, the rule of law and good governance in The Gambia.”
It is important to recall some salient points from the memorandum. According to the text a party which has subscribed to the Memorandum will:
“respect the right of all other parties to campaign freely and to disseminate their political ideas and principles without fear; respect freedom of speech, of the press, of assembly and of peaceful demonstration; pursuant to a permit being obtained; refrain from disrupting or frustrating the legitimate activities of other political parties, including the holding of Political rallies, meetings, marches or demonstrations.” They are required to “respect the full separation of powers as detailed in the constitution and not seek in any way to unduly influence or use ‘other arms of government for political purposes; refrain from using Civil Servants and public funds for campaign purposes.”
In terms of dialogue and cooperation we agreed that a party that has subscribed to the Memorandum “will make every effort to maintain communications with other political parties and with the Independent Electoral Commission and will participate constructively, in the inter-party Committee established as a forum for dialogue and co-operation between political parties and to promote adherence to this Code.”
In my humble view, there is no room for the rejection of a political party’s application to use any instrument or mechanism that could facilitate the holding of a public meeting. The time has come for the Gambian political leadership to show that they are fit to govern this country in turns based on the enlightened consent of the Gambian people. This is a period for a debate on the best way forward for this nation and not a period for suppression of any political, civic, economic, social or cultural rights.
In response to the current situation, therefore, I would wish to get the opinion of your party regarding the need or otherwise to convene a meeting of the Multi- Party Committee to address any concern that any party may have regarding the implementation of the MOU.
Please convey your opinion before the 8th of November 2009 so that a meeting could be convened before the 15th November 2009 if it is conceived to be necessary.
While anticipating your maximum cooperation, please accept the assurance of my highest consideration.
Halifa Sallah
Co-Chairperson
Inter-Party Committee
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A clear conscience fears no accusation - proverb from Sierra Leone |
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