Dr Carrol and Delegation return from Ghana from U.N. Statelessness training

Friday, December 23, 2016

DR Henry Darlington Richmond Carrol (M.R.G.), a Doctor Of Laws (U.K.), a Solicitor General Emeritus Of The Gambia, a Visiting Professor Of Land Law at Kwame Nkrumah University Of Science & Technology (K.N.U.S.T.), (2012) and The Head Of the three- Man high –level Gambian Delegation to The U.N. H.C. R. Sponsored Training On “Statelessness And Nationality”, convened at The Faculty Of Law Of The University Of Ghana, Legon, Accra, from 12th to 16th December  2016, has recently returned home.  The other two Members of The Gambian High Level Delegation were:-  Alhaji  Mbye Omar Saho, a Senior Law Lecturer at The Faculty Of Law Of The University Of The Gambia (U.T.G.) and Mr. Malick Jallow, a Law Lecturer Of The Faculty Of Law Of The U.T.G. and DR Carrol’s Junior at The Gambia Bar Association for 2 decades. The aforesaid prestigious Ghanaian University, is the first and oldest University in Independent Ghana, and it was founded by the late, His Excellency DR. Kwame Nkrumah (OSAGYEFO), the first President Of Independent Ghana, and he was the able Statutory Chancellor of the aforesaid Citadel Of Learning, which is “The Oxford University Of Ghana”.  Vel Primus, Vel Cum Primus (Latin i.e. either the first or among the first).

The intensive U.N. Training Programme was attended by 24 Participants / Delegates from: - The Gambia, Ghana, Liberia, Rwanda, Sierra Leone, Uganda, Tanzania, Cameroon, Nigeria, Kenya and Ethiopia (i.e. Anglophone or English-Speaking African Countries).  The U.N. Training Programme had 5 highly qualified and experienced Facilitators / Resource Persons namely: - (1) Ms. Emannuella Mitte, Senior Regional Protection Officer (Statelessness) U.N.H.C.R. Regional Representation For West Africa in Dakar, Senegal, (2) Professor Geoff  Gilbert, a Professor Of International Human Rights & Humanitarian Law, University Of Essex, U.K. (3) Mr. Ibrahima Kane, a Senior and famous Senegalese Human Rights Lawyer, (4) Ms. Bronwen Mandy, a Senior Human Rights Consultant and Author (U.K.) and (5) Mr. Ayalew Getachew, a Human Rights Consultant from Ethiopia.

The 24 Participants / Delegates were given lectures by the aforesaid Facilitators / Resource Persons, on different aspects of Statelessness and Nationality, twin topics in Jus Gentium (Latin i.e. Public International Law or The Law Of Nations).  The key Human Rights Legal Instruments for this U.N. Training were:- (1) The U.N. Convention Relating To The Status Of Stateless Persons (1954), (2) The U.N. Convention On The Reduction Of Statelessness (1961), (3) The Abidjan Declaration On Ministers Of E.C.O.W.A.S. Member States On Eradication Of Statelessness (2015), (4) The African Charter On The Rights And Welfare Of The Child & (5) The African / Banjul Charter On Human And People’s Rights (whose Headquarters/ Secretariat is situated in The Gambia, from 12th June 1989 to date.  QuicQuic Plantator Solo Solo Cedit (Latin i.e. what is attached to the land, goes with the land).  The Gambia has Signed and Ratified all of the said important Human Rights Legal Instruments.  Article 1 of the 1954 U.N. Convention authoritatively defines “A Stateless Person” as “a person who is not considered as a National by any State, under the operation of its law”.  This is both a mixed question of fact and law.

On 13th December, 2016, DR. Henry D.R. Carrol (M.R.G.), a Senior Human Rights Lawyer, was taken by DR. Stephen Kofi  Sondem (a Law Lecturer at K.N.U.S.T.), to pay a laconic Courtesy Call on Professor Kofi  Quashigah, the present able Dean Of The Faculty Of Law, University Of Ghana, Legon, and DR. Carrol (M.R.G.) presented to Professor Kofi Quashigah, a copy of the final proof of his latest Law Book or his Fourth Law Publication entitled:- “VIOLENCE AGAINST WOMEN AND WOMEN’S RIGHTS IN THE GAMBIA (CASE STUDY)”.  Professor  Ms. Akuaa Kuenyehia, a predecessor of Professor Kofi Quashigah  L.L.B. Honours  (Ghana), LLM, PhD (Nigeria), like DR. Carrol – M.R.G., was also a co –author of “ WOMEN AND LAW IN WEST AFRICA” , which was published by The University Of Ghana, Legon in 1998, with funding from Carnegie Corporation, U.S.A. In 2003, Professor  Ms. Akuaa Kuenyehia, was Officially appointed as a Judge of The International Criminal Court (I.C.C.) in The Hague in The Netherlands, whose present able Chief Prosecutor is, Gambian-born Honourable DR Mrs Fatou B. Bensouda (O.R.G.). Professor Ms. Akuaa Kuenyehia, has now successfully completed her tour of duty at The I.C.C.

In his masterpiece lecture to Participants / Delegates on 13/12/2016 entitled:- “STATE SUCCESSION, DECOLONISATION & STATELESSNESS”, the famous and erudite Senegalese Senior Human Rights Lawyer, Mr. Ibrahima Kane, alluded to the famous Human Rights Case entitled:- “EX PRESIDENT KENNETH  KAUNDA OF ZAMBIA Vs THE ZAMBIAN GOVERNMENT, which was ably adjudicated upon by The African Commission On Human & People’s Rights, in which the African Defendant State, under the then leadership of the late President  Fredrick Chiluba, in 1996 passed a Law which retroactively stripped Mr. Kaunda off his Zambian Citizenship, making him legally unqualified to re-contest a Zambian Presidential Election, because his parents were Malawians. Concerning Ex Post Facto (Latin i.e. retroactive/ retrospective) Law, Section 100 (2) (c) of The Gambia’s 1997 Constitution reads: - “The National Assembly shall not pass a Bill – to alter the decision or Judgment of a Court in any proceedings, to the prejudice of any party to those proceedings, or deprive any person retroactively of vested or acquired rights, but subject thereto the National Assembly may pass Bills designed to have retroactive effect”.  This important Constitutional Provision, was the ratio decidendi (Latin i.e. Legal Principle), of the locus classicus (Latin i.e. best known) The Gambia Supreme Court Case entitled: - I.G.P. Vs OUSMAN SABALLY (2001), which was ably adjudicated upon by the Honourable Mr. Justice Hassan B. Jallow (C.R.G.), a then Gambian Judge Of The Gambia Supreme Court, who later became the able Chief Prosecutor Of The United Nations International Criminal Tribunal For Rwanda (U.N. - I.C.T.R.) in Aarusha, Tanzania. 

After all of the Twenty Four Participants / Delegates had successfully completed the intensive / marathon Training Programme, they were all awarded Certificates on “Statelessness And Nationality”, which were signed by (1) Ms. Emmanuelle Mitte (a French Citizen) and (2) Professor Geoff Gilbert (a U.K. Citizen). The said Certificates, were presented to them by The Head Of The U.N.H.C.R. Office in Accra, Ghana.  At the end of the Closing Ceremony of the Training, at The Conference Room Of The Faculty Of Law Of The University Of Ghana, Legon, (in which Ghana’s Focal Point For Statelessness spoke), DR Henry D.R. Carrol (M.R.G.), a Senior Oxford-Trained Lawyer, was unanimously and democratically elected by his fellow Participants / Delegates (unopposed), to deliver The Vote Of Thanks, on their behalf.  But since DR Carrol (M.R.G.), is both an author and a passionate advocate for Women’s Rights, he voluntarily and unilaterally decided to relinquish this Professional Responsibility to Professor Ms. Niveda Cindy Ricks of The University Of Liberia.  This was not an alleged violation of the famous Latin Maxim: - delegatus non potest delegare (i.e. a delegated power cannot be sub – delegated.  Members of The 3-Man High Level Gambian delegation, are extremely grateful to 3 Senior Officials of The Gambia Office of U.N.H.C.R., for efficiently facilitating their participation in the aforesaid U.N. Training on Statelessness And Nationality namely: - (1) Mr. Sekou K. Saho- Head Of U.N.H.C.R. Office, (2) Ms. Anna A. Sarr – Senior Admin/Finance Assistant And (3) Mr. Buramaneing Jaiteh, The Protection Associate. 

Source: Picture: L - R: Prof Philip Bondzi-Simpson, Prof Edwin Abuya & DR Henry D.R. Carrol