The Truth, Reconciliation and Reparations Commission (TRRC) has released its final reports following more than two years of investigations into the alleged human rights abuses perpetrated under the 22-year-old regime of Yahya Jammeh. However, fear and disappointments had engulfed the victims when President Adama Barrow formed an alliance with the Alliance for Patriotic, Re-Orientation and Construction (APRC) to support his re-election bid in the December 4th presidential election. To victims, this was a clear indication that Barrow’s government will not fully implement the TRRC’s recommendations for political interest because he would avoid angering Jammeh’s influential people, some of whom are in fact, indicted by the Commission’s findings. However, victims and activists found solace recently when the president had vowed to implement the report’s recommendations. Call and hope for justice Awa Njie, the widow of Abdoulie ‘Dot’ Faal, the slain military officer, would want to see the implementation of the TRRC recommendations on top of the government’s agenda. Dot Faal with several soldiers, was murdered extra-judicially on Jammeh’s order, following their implication in the alleged November 11 military foiled coup in 1994. For Awa, justice is all she needs after the mysterious killing of her husband in cold blood. “It is very difficult to look at the person who killed your husband, walking freely and you cannot do anything about it. If justice is not served, victims can take the law into their own hands.” “Even, if I’m going to vote it would be a person who would look at the victims and push the government to implement the TRRC report and make sure perpetrators are brought to book.” Among the human rights abuses caused by Yahya Jammeh’s government, religious freedom was at the centre of the right violations. Members of the ‘Ndigal’, a religious sect with origin in Kermonthali, in the Central River Region were evicted and forced to flee to Senegal because of their religious views. Talking to this medium, Yunusa Ceesay, a Ndingal member says there’s high hope on the government to implement the recommendations. “I have no reason to be pessimistic. I will however be extremely disappointed, if the government were to take any other action different from doing justice to the work of the Commission. Jammeh and his enablers must be held responsible for their crimes, and justice must prevail.” Like other victims, Yunusa Ceesay assured to vote for a person who would put national interest first and advise the government to implement the TRRC recommendations. “Whosoever is going to stand firm and defend that I would definitely vote for that person. My expectation from the next parliamentarians is the elected candidate to make sure that whatever is put on the table is properly looked into and aligned with the interest of the State instead of party or individual.” Sheriff Kijera, Chairperson of the Gambia Centre for Human Rights Violations, otherwise called Victims’ Centre, describes the alliance between Barrow and the APRC as unfortunate and a betrayal of trust. “The alliance is a slap on the face of victims of Jammeh.” On the contrary, he lauds the government’s initiative in establishing the TRRC which has unraveled the gross human rights violations that occurred during former president Jammeh 22 year’s reign; adding that, the Barrow’s government is the architect of the entire transitional justice process and therefore shouldn’t be anything to undermine the commission`s work. “Let’s give them the benefit of the doubt that they will implement the recommendations of the Commission. I’m confident that the Barrow administration will do justice and fully implement the recommendation.” Kijera and the Victims’ Centre are not relenting on their efforts to engage the government constructively by advocacy and bilateral means to ensure that the government is committed to implementing the TRRC recommendations. Stakeholder perspective The Chairman of the National Human Rights Commission (NHRC), Emmanuel Joof calls for efforts to make Gambians know about crimes committed during the 22 years rule of former president Yahya Jammeh. “There must be a sustained effort to make sure that Gambians from all walks of life know exactly what happened in the atrocities committed by the APRC government during the 22 years rule of Jammeh. The TRRC report will therefore be translated into all the major local languages and the information disseminated through the radio (including community radios, TV, and schools etc.” He expresses his institution’s commitment to engaging the government to take seriously the recommendations of the TRRC, and incorporate them in the anticipated White Paper which is due in May 2022; adding that NHRC, as a human rights protection mechanism, would be monitoring and investigating all future human rights abuses in the country. “NHRC will continue to engage the government and the National Assembly on reforming laws so that they are aligned with human rights principles and laws, especially international and regional treaties and conventions that the Gambia has ratified.” A human rights activist, Madi Jobarteh suggests the prosecution of perpetrators of the various human rights violations as recommended by the Commission. “…if we fail to address injustices and violations, the tendency for victims to take the law into their own hands is high, while the perpetrators will be empowered on the cause of human rights abuses without accountability. “When that happens then impunity prevails in the society, which means eventually it is a matter of survival of the fittest and a culture of violations becomes the order. Hence, the need to deliver justice is indispensable and urgent.” Assurance of justice Meanwhile, in his attempt to dissuade tension of anxiety among victims, President Barrow, during his first press conference following his re-election in December says that the TRRC is an important project in his government and would be part of his legacy. “I want to assure that there will be justice, reconciliation and reparations, it will all happen. We would follow the due process and take the right direction in which a decision would be taken.” The truth commission was established on the mantra ‘Never Again’ as it aspires to put an end to human rights violations in the country, following what some describe as ‘a bloody and traumatic 22 years tyranny’ by Jammeh. The Commission has submitted its report to President Barrow on 25th November 2021 and the Government is expected to issue a white paper on the document in May 2022.
Freedom of expression or referred to as free speech is guaranteed for citizens by the 1997 Constitution of The Gambia, which should not be interpreted as the freedom to incite hostility or promote racial hatred, discrimination or violence. Freedom of expression protects not only neutral ideas or ideas received but also those that offend, shock, or disturb the state or any sector of the population. Over time, the possibility of stimulating heated public debate with provocative language either formal or informal may continue to develop due to different political perspectives. Politics is the major factor raising hate speech and incitement in The Gambia. Most politicians and supporters are more interested in the opponents’ apolitical life than the programs they have for the country. Sadly, the media is the main engine fuelling all the unwanted speeches and labelling. Hate speech in The Gambia Hate speech and languages that incite violence are becoming a rising ‘norm’ in The Gambia for over a decade. This could be traced back to the Jammeh regime when he (former President) would openly dehumanize and insult certain groups of people, religion or other beliefs, that were published and promoted by the then caged Gambian media. Although, violent speeches and human rights abuses were mostly attributed to his government; especially when he (Jammeh) publicly declared to slit the throats of Gambians who practice gay. Even during the recently concluded 2021 presidential election, Jammeh, while in exile was given a platform at rallies, where he continued hate speech utterances against individuals and groups. However, hate speech has grown to be a greater concern in the country due to the wider scale it covers today. Recently during the 2021 presidential election campaign, some politicians castigated other politicians based on their religious beliefs and personalities to sway the electorates’ attention from trusting their agenda. Others used inciteful comments against one another to score political points. The average political understanding in the country has caused many citizens to divert their attention from things that will benefit the country to things that will intensify hatred, violence and disunity in our societies. Party supporters would speak violently against their opposition. All these hateful expressions would always be picked up and published by the media that resulted in disunity and demoralization, among Gambian citizens. Thus, the media must be well informed as the key player in promoting hate speech whose consequence could always lead to violence. Consequences of relaying hate speech The media is powerful enough to jeopardize the peace of an entire nation and could cause a grave danger, if not professionally monitored. For instance, during the 1994 Rwandan Genocide, radio broadcasts played an important role in inciting ordinary citizens to take part in the massacres of their Tutsi and moderate Hutu neighbours. The radio’s influence has shaped greater impact on the genocide, leading to a staggering amount of over 800,000 deaths. Tackling hate speech After the 2021 presidential election, The Gambia will head to the polls again on 9th April 2022, for the National Assembly elections and Local Government elections in March 2023, respectively. Therefore, the country would face another phase of different kinds of utterances by politicians canvassing votes; so it is the duty of the journalists and the media to avoid relaying those utterances likely to incite violence in the country. Journalists and media outlets should engage in editorial write-ups referring to politicians and citizens about the threats hate speech could pose to the peace, security, development and social cohesion of the nation. Journalists can ensure they avoid spreading hate speech during the parliamentary elections campaigns when they focus on reporting issues rather than personality politics. Speaking to the Secretary General of The Gambia Press Union, Modou Joof said journalists in The Gambia need to avoid relaying hate speech because hate speech may lead to incitement, discrimination, hostility or violence. He said the GPU in ensuring that media is free from hate speech, trained 60 journalists in October, and 75 in November in collaboration with UN agencies ahead of the 2021 presidential election. “These trainings provided the platform for journalists to know hate speech by definition and its characteristics but also to be able to play their social responsibility in refraining from reporting hate speech or from fanning hate speech when it occurs,” SG Joof said. “These groups of journalists have acquired the knowledge and skills to tackle hate speech and we are hopeful that during the National Assembly Election period, they will utilize what they have learned,” he concluded. GPU trained 75 Gambian journalists on hate speech in November 2021 ahead of the presidential election. (Source: The Voice Newspaper) On how ethics and self-regulation mechanism could help in countering hate speeches, the Managing Director of Media Academy for Journalism and Communication (MAJaC), Sang Mendy said anyone who is involved in media business, (proprietor, manager or journalist) should be ethical enough to avoid hate speech passing through their medium. Mendy warned that passing hate speech through their medium might affect a significant number of people in the society as the media reaches thousands of people. “Journalists should not be the vehicle that spreads hate speeches,” he said. MAJaC MD looks forward to a very responsible media and journalists who would easily trace hate speeches and avoid relaying it to their audience. “Trace it, track it, know it, and don’t let it pass through your media,” he advised. A journalist, Fatou C. Sanyang discouraged the utterances of hate speech at all costs because she believes it builds enmity that results in chaos and subsequent conflict. “Every journalist must be ready to counter hate speech and never to embrace it because, if you do, it reduces your credibility as a journalist,” Sanyang said. Fatou advised journalists to stay away from disseminating hate speeches, as it is unethical and unprofessional to the job. The Chairman of the National Human Rights Commission, Mr. Emmanuel Daniel Joof said elections by their very nature are linked with freedom of expression, because that is the time politicians sell their manifestoes and try to convince the public why they should be voted into office. However, he said freedom of expression could be a double edge sword: “The freedom that gives us that sacrosanct right to express our ideas and views is the same expression that we can use to create havoc and wars.” Joof recommended journalists to know their substantial role in dealing with hateful languages because hate speech generates human rights violations. Politicians The Inter Party Committee (IPC) is the umbrella body of registered political parties and Honourable Amul Nyassi, the Co-chair said a politician should do politics based on an agenda. “Wherever you see a politician making hate speech, making remarks that could bring disunity, I want to believe that the individual doesn’t have an agenda,” Hon. Nyassi explained. He said if a politician has an agenda, he does not embark on hate speeches but sells his policies to the electorates. Nyassi said peace is priceless and could be cheap or very expensive, depending on how one plays his cards. The Foni Kansala NAM urged fellow politicians to focus on selling their manifestoes and preach peace at all times than otherwise. “For one to enjoy a leadership role when you’re elected into office as a politician, you should lead a united and stable country, because without peace, unity and stability, it will be very difficult [to lead], regardless of the resources of that particular country,” Hon Nyassi argued. GPU-UTGSU Research The Gambia Press Union and the University of the Gambia Students’ Union joint research on the prevalence of Hate Speech in The Gambia Media showed that the media industry is grappling with acute capacity challenges. This could invite questions on the ability of the journalists to report issues or moderate debates around complex or sensitive topics without escalating tensions. However, the research showed that the liberalization of the media space is not a guarantee for the free flow of hate speech, nor does restrictions on media freedoms guarantee that hate speech would be curbed. The research noted that the growing concern about Hate speech in the country, with the opening of the space for media freedoms, advances in digital technology, increase in Smartphone users and access to social media platforms are laying bare the deep-seated hate and prejudices that exist within Gambian society. However, as many Gambian journalists have been trained on how and the need to counter hate speech, it is hoped that the media would continue to preach peace and desist from relaying languages that are not fit for public consumption most specifically during election periods. Meanwhile, the UN Strategy and Plan of Action on Hate Speech stated that there is no international legal definition of hate speech; and the characterization of what is ‘hateful’ is controversial and disputed. However, the Strategy defined it as any kind of communication in speech, writing or behaviour that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor. This is often rooted in, and generates, intolerance and hatred, and in certain contexts can be demeaning and divisive. The UN Strategy and Plan of Action on Hate Speech (Commitment 5) urged the United Nations system to establish and strengthen partnerships with new and traditional media to address hate speech narratives and promote the values of tolerance, non-discrimination, pluralism, and freedom of opinion and expression; by building partnerships with media, promoting media independence and pluralism, promoting self-regulation and ethical journalism, promoting the protection of journalists and media workers, and building media capacity, with which media would be ready at all costs to relegate any speech not befitting for publicity.
Road infrastructure is a very important public asset. It helps communities to access workplaces, health care, education and social amenities not present in once community. Hard to reach areas in The Gambia have been crying for the lack of good roads which affects their livelihood. The former government have been credited for massive infrastructural development. However, there still remains a void to fill. The people of Faraba Sutu and surrounding say, they want to enjoy the privileges other communities are enjoying. Binta Jarju tells us more in this report. Binta Jarju 2 final 1
Addressing the press at State House on December 7, Barrow attributed his election victory to his achievements among them improving the energy sector in the country. Barrow said when he was coming to power in 2017, a World Bank report stated that electricity would come on and off 17 to 19 times a day. He bragged that his government was able to bring down electricity cuts to 2 to 3 times a day. He added that, that was why the Gambians came out in large numbers to vote for him . FactCheck Gambia verified such information to be false but, our reporter Alieu Ceesay who has keen interest in the energy sector prepared this report. ALIEU CEESAY 3- final
The government of The Gambia continues to struggle to curb youth unemployment or the rate at which young people migrate for greener pasture. Young people who finish school often struggle to find jobs while skills training is almost non-existent. In the run up to the National Assembly elections, young people in the Kanifing Municipality renewed their calls for job opportunities in this report by Alieu Ceesay. Aieu Ceesay 2 final
The frequency at which the property owners (landlords) increase their rent for accommodations has been a cause for concern for poor tenants in The Gambia. Many believe that the involvement of intermediaries (middlemen or agents) who are known as the so-called house agents are responsible for the situation as they set the price for the house owners, from which they get a share. Most of the people renting in the urban areas are on a very low earning at their workplaces due to poor salary scales; thus are living from hand-to-mouth. The role of the agents in the rental business is not only making the price expensive, but the conditions they lay down make it beyond the reach of the poor who are consequently denied from having a dignified living. Fatou Sambo, a mother, testified to this. She disclosed that tenants are now often required to make an advanced payment of six months before accessing a house; while a typical two-room and parlour, nowadays costs tenants D4, 500 per month. “I will work for a whole day and end up paying it for rent. All my earnings stop at rent. Sometimes, I usually eat lunch from my neighbours because I can’t afford to cook due to the pressure of rent,” she said. She wants the government to take a bold step concerning rent because it is not reasonable, as the other necessities such as feeding, clothing, education, health and other social services must also be taken care of by tenants, especially the poor. “It will really help if this issue is tackled because now landlords are making a lot of money, more than they spent on building because of the high cost of rent they are charging. The rent keeps on increasing. If this continues, I will end up living in the streets with my family,” she stressed. She also noted that property owners sometimes serve tenants with notices to leave within a very short period because the tenant fails to pay just one- or two-months’ rent. This is against the Rent Act 2014, which specifies, “a landlord or tenant may terminate a tenancy by notice in writing, specifying the date at which the tenancy is to come to an end. In the case of a yearly tenancy, the notice is given not less than three months.” Another tenant, Ousman Sallah, explained the difficulties he faces from expensive house rent coupled with the harsh attitude of some property owners. According to him, to get a house in the Greater Banjul Area is difficult. He currently pays D3, 500 for 2 rooms and a parlour house, which has poor roofing, and the property owner refused to renovate it. “I am a single father of three. My wife passed away and I lost my job recently. Now I am a donkey cart operator but my landlord has no understanding at all. I owe him six months’ rent, but he is making things hard for me. Sometimes, I would find him locked my door, so I would beg him to give me some time, because I am a single parent, as I have to pay for my children’s school fees and also have to feed them, which is not easy. He recently increased the rent to D4, 500 without giving me prior notice,” he explained. The single father urged the government to take concrete action to address the rental issues in the country, at least by providing or implementing laws that restrict the powers of the property owners. Property owners react “It is not that I am heartless or so, but I am a businessperson, and I get my earnings from the money I collect from house rent,'' said Abdoulie Mbaye, a property owner who has been into renting houses for the past six years. He complained that some tenants would be owing house rents unbearably long, and when approached to pay, they would react ‘rudely’ to them (property owner) who are simply asking for their money. According to Mbaye, property owners are responsible for paying rent taxes, and argued that the government should lower the imposed taxes to enable them also to lower the rent tenants are asked to pay. Ousainou Faye, also a property owner, says building materials are expensive in addition to the construction of the building, which makes them to fix rent at prices through which they can recover their expenditures. He also complained that tenants would sometimes exit while owing property owners, as he justifies the issue of advanced payments, which they usually ask for six months payments. Faye maintains that the livelihood is stressful for everyone and it is the duty of the government to create balance for people by reducing cost and taxes on building materials. Government’s promise The ruling National People’s Party (NPP) led by President Adama Barrow has promised that his administration shall engage in and promote sustained schemes for holistic rural and urban development, while affordable and livable housing schemes shall be a priority to ensure and improve the wellbeing of all Gambian citizens. Expert opinion Ebrahima Touray, an economist, said the high cost of rent affects the tenants in many ways, including making them feel insecure and unstable, if they do not have the means to pay for rents. He added that that makes it so hard for them (tenants) to address other needs of their families such as providing basic needs of health, feeding, and education as they struggle with poor living standards. “The solution to all these problems is the municipality should set regulations for rent and implement it because rent control will help,” Touray suggested.
Access to safe, affordable and reliable drinking water is a basic human rights. The Community of Faraba Sutu like many other communities in The Gambia are still struggling to access safe, clean and accessible water. Ahead of the National Assembly Elections, the people of Faraba Sutu in Kombo East say they will accept to be fooled thus they will vote wisely in this podcast produced by Binta Jarju. . Binta Jarju 1- final product
In 2016, President Adama fled the country to Senegal where he took the oath of office because the environment was not conducive for his continued stay in the Gambia. It was the first and only time that Gambians voted out a President through the ballot box. There is a gap in the laws as it fails to capture how the government would transition from one regime to another as well as the protection of the incoming president. There was no handing over from former President Jammeh to President Barrow because the former was using State security. Both the Gambian Constitution and the Elections Act provide no specific provisions that oblige the State security apparatus to provide protection for an incoming president elected under an opposition party or independent candidate ticket. This poses a significant threat to the elected leader and the immediate family members, as they are left unprotected until their inauguration. Security threat underestimated In 2016, President-elect Adama Barrow (as he was then), was forced to hire private security guards from Senegal to protect him in addition to the civilian volunteers who sacrificed their lives to protect him. This was because he had no access to state security for protection. Barrow ended up taking refuge in Dakar for his safety, especially when his predecessor Yahya A.J.J Jammeh refused to relinquish power. Citizens have since shown concern about this lacuna in the legal instruments and urge the authorities to enact laws that would oblige the state security forces to provide protection for the incoming president, especially when elected from the opposition parties or on an independent ticket. Aminata Correa, a media assistant at the then Coalition 2016 Media Unit headquartered at the Kairaba Beach Hotel recalled the insecurities that surrounded the then President-elect, Adama Barrow. This was largely due to the fact that the people who volunteered to protect the president-elect were inexperienced in providing presidential security. “The uncertainty at the time and the risk involved made it necessary for the President-elect to be given the security. I think we had underestimated how serious the threat was. Anything could have happened to the president-elect before he was flown out of the country,” she said. Correa maintained that there is a need for a security sector reform that would take care of the lacuna, stating the experience in 2016 was a textbook description of how the former administration treated opponents. Muhammed Joof was among the people who volunteered to guard Adama Barrow during the 2016 political impasse, following the presidential election. He endured attacks as he was allegedly stabbed by the supporters of ex-President Jammeh in Tallinding at night, while closing from his guard duty. Joof sustained injuries and he was threatened that he would be killed for serving as a close security protection personnel to the 2016 Coalition. The matter was reported at the Tallinding Police Station and the police command commissioned an investigation which found that Joof sustained injuries. Absolute protection The Deputy Party leader of the Gambia Democratic Congress (GDC) Amadou Kah, believes that the incoming president should be provided with “absolute protection” together with their immediate families. He said incoming presidents represent the will of the people – the verdict of the people, and that the position they are elected into represents democracy – “the survival of our democracy.” “They should feel safe not only that they can trust, but also, they should feel safe that they will be able to assume the Office of President at the required time as mandated by the Constitution in peace and stability,” Kah said. “Another important aspect here is not only about having a law providing a mechanism, but I think it is very fundamental that the institutions that are responsible for such protection to be educated, to be enlightened [and] to be strengthened. [We] need to build the institution in such a way that they would only serve the Constitution and the will of the people without affection or ill-will.” The civil society leader Marr Nyang, said the best practice in a democratic society is when one is elected as a President, he or she receives security protection from the State. “It is obligatory on the State to provide security protection for the president-elect.” “Not only to receive security protection, but the president-elect should also receive security briefings from the heads of the security apparatuses that will also help the president-elect to acquaint him or herself with the security status of the country so that once the person assumes office, he or she can smoothly go through the transition.”’ Marr said the cabinet of the incoming president should receive briefing from the cabinet of the outgoing president so that the handing over and the transition could be done smoothly, suggesting security sector reform to accommodate such issues. According to him, Barrow’s cabinet did not receive proper security briefing from their predecessor and they were not prepared to tackle the urgent security needs. “There was no clear briefing from the outgoing cabinet to the incoming cabinet. There has to be a law that will govern the process and procedure of protecting the incoming president and his cabinet, sharing of the briefing regarding the security of the country and then also briefings from the outgoing cabinet to the incoming cabinet.” “Those issues should be clearly laid out in our laws,” he said. A young politician, Kemeseng Sanneh, has also discussed the need for the reforms to create protection for the incoming presidents from the opposition. “I strongly recommend legislation to that effect.” He recalled that Adama Barrow took his oath of office in Senegal because the environment was not ripe for him to take it in The Gambia. “We cannot continue to have our incoming president take his or her oath of office in another country. He or she should be protected, to ensure that the verdict of the people prevail. The situation in 2016, which compelled the President to flee out of the country, should not repeat. Thus, the need for legislative reform,” he said. Extremely important Meanwhile, a lawmaker, Suwaibou Touray, has agreed with the call. “For the interest of peaceful and lawful transfer of power, I believe it is ‘extremely important’ and wise to safeguard the security of our leaders as well as ensuring that our electoral process is sustained and predictable,” Touray said. However, lawyer Abdoulie Fatty said he is not sure whether there is a need for a special legislation to deal with the matter. He said what happened during the reign of former President Jammeh was atrocious and abnormal. He cited the December 4, 2021 presidential elections where the police provided all the candidates protection during the campaign period. “That's the duty of the police and even the NIA,” he said, adding, “Jammeh just monopolised those institutions.” Lawyer Fatty said if President Barrow had lost last year’s election, “I am sure the police would have enhanced protection for them befitting a President-elect and being equally entitled to intelligence briefings.” He added: “I do not personally think we need special legislation to address this issue. What we need is strong justice sector institutions such as the police.” He said in both the UK and the Unites States of America, the leading opposition candidate is briefed by security chiefs just in case he or she wins they would have had a reasonable idea of the state of the country's intelligence. “Again, a president-elect is a president in waiting. Therefore, he or she is entitled to enhanced security to protect him or her and should also be entitled to a lot of the benefits that the incumbent is entitled to in terms of access to state facilities,” Fatty said. “I mean meetings with the Inspector General of Police, Chief of Defence Staff, National Intelligence Agency director, so that as soon as he or she is sworn in, they would have had some knowledge of the state of affairs.”
