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Momodou
Denmark
11823 Posts |
 Posted - 01 Jan 2010 : 19:47:26
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Foroyaa Editorial: 2009 Is Behind Us With Uncertainty Hanging In the Air
The end of a year and the beginning of a new one is a period to take stock of the happenings of the past and prepare the ground to shape the happenings of the future. It is of course more balanced in opinionating to consider both the pleasant and unpleasant developments at home, in Africa and the world at large. However, Foroyaa is compelled to focus on the things we have done wrongly or had left undone so that we can all focus on redressing the wrong and doing what is left undone. This is the best way to make progress for the better.
2009 marked 15 years of AFPRC/APRC take over of the governance of the country. It is ending with uncertainty hanging in the air. December is the heart of the winter season in Europe and the heart of the season for Tourism in the Gambia. It is unthinkable that a government which depends on such an industry for a big chunk of its foreign exchange earnings, seasonal employment and market generation for small enterprises would deliberately create an environment which gives the indication that a security threat looms in the horizon by removing and eventually arresting ex- senior military personnel. There is no doubt that rumours of a coup plot are being spread like wild fire. The limited nature of the arrests, the inability of family members to get any access to the detainees and the long detention without court appearances tend to give the impression that the threat is either very light or non-existent. On the other hand, the release of some while maintaining the detention of others gives the impression that some screening is taking place. The government however is still silent even though the public is deeply interested in the matter. We hope that in his New Year message the President will now allow the country to move into 2010 by putting an end to the uncertainty hanging over the security and governance environment of the country. We also call on the government to acknowledge that the people who are reported to be arrested are with them and further proceed to give family members access to them. This is the position of the Constitution which the president has sworn to uphold and defend. Let us offer proof.
It is obvious that a state of emergency has not been declared. Section 36 of the constitution states how persons detained under a state of emergency should be treated. Subsection 1(b) states categorically that “the spouse, parent, child or other available next of kin of the person detained shall be informed by the authority effecting the detention and shall be permitted access to the person concerned at the earliest possible opportunity, and in any case not later than twenty four hours after the commencement of the detention.”
If the detention of a person under a state of emergency should be communicated to his or her family members with immediacy and access to him or her is to be permitted within 24 hours then why should it take so long for family members to be informed of the detention of a person or have access to the detainee under the current situation.
The disciplined forces are not the only sector gripped by uncertainty. The Judiciary is also gripped with uncertainty. The executive managed to remove the chief Justice who is currently said to have been subjected to interrogation regarding the case which has landed three judges and the judicial secretary in court. The Constitution which aimed to create the separation of powers is no longer being read in accordance with the dictates of such principles. Otherwise, Judges could only be removed in case of infirmity or misconduct and impeachment proceedings would have to be conducted to give proof to allegations. It is needed to read the provisions dealing with judges in line with the principle of the separation of powers. The cases of detainees being kept without the order of Judges effecting their release confirms the need for the executive to redouble its efforts to give support to the Judiciary so as to enhance its effectiveness. The judiciary is going into 2010 with bruised security of tenure and integrity. It has to transform the shortcomings into challenges to move forward.
The nominated members in the National Assembly are now proven to lack any ability to be independent of the executive. The fact that a nominated member who was elected Speaker could be removed from the National Assembly by executive order and thus vacate the office of Speaker confirms that the executive is given indirect mandate to inflate the number of ruling party members in the national assembly by nomination. There is need for constitutional reform for the portfolio of nominated member to be filled by proportional representation so that the ruling party would not have absolute monopoly of the post. In 2010 political parties should work for such an agenda.
In 2009, the non state media did not only struggle to reverse the disappearance of Chief Manneh and facilitate the investigation of Deyda’s murder, it has also tried to promote Press freedom. The most challenging chapter was the incarceration of the six Journalists. This gave impetus to the efforts to promote media freedom in the country. Their release gave hope to those who called their incarceration the dimmest day in the Press history of The Gambia . Despite all odds the media has succeeded in maintaining the principle of publishing the truth in good faith in the public interest.
We hope that 2010 will be utilised by the different arms of the state, the other civil society components and the people at large to rethink how a better society could be created. This is the challenge of 2010. We will take stock at the end of the year. The future will give its verdict on who has succeeded or failed in performing their roles. Foroyaa will be around to do the recording for posterity.
Source: Foroyaa Online
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A clear conscience fears no accusation - proverb from Sierra Leone |
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