(Issued
Monday 21 January 2020)
Salutationss
Mr
President,
Distinguished
Guests,
Only
last week when I was browsing through some Gambian online news websites I saw a
headline that captured my attention. It read “Courts are now very fair, go to
the Courts”. A certain prominent Gambian businessman was apparently being
quoted by the news report.
Well,
no one can deny that there’s been a marked improvement in the judicial and
legal sectors in the new Gambia. The quote from the businessman is only
illustrative of the increasing public confidence in the administration of
justice system in our country in only three short years since the seismic
political change that gripped us in December 2016. Of course, there is still room
for improvement and the Government will be the first to acknowledge that but
the fact remains that great progress has been made. Greater freedoms,
especially in the area of freedom of expression and peaceful assembly are now a
common feature of our new democracy. There is no longer detention without
trial, and there has been significant reduction in reported cases of brutality
or torture, if any, by law enforcement agencies. Institutions like The Gambia
Police Force have now established a Human Rights Unit to receive complaints and
provide prompt responses to reports of abuse and police brutality. Effective
civilian oversight mechanisms such as the National Assembly Select Committees
or the National Human Rights Commission are now fully operational.
Our
democracy is indeed taking a positive shape and we should all be proud that
only three years on from having one of the most repressive political
environments in the world, our country is fast becoming a globally recognized
free, open and democratic society. The establishment of the National Human
Rights Commission, and its numerous activities since then, underscores the
significant advances this Government has made in its governance reform agenda.
Mr
President,
Distinguished
Guests,
Unfortunately,
our country still has too many challenges and we cannot in just three short
years resolve all those challenges to the satisfaction of everyone. So our
transition from dictatorship to democracy will continue to be fraught with
challenges especially in governance but we are determined to succeed. We are on
course to set a solid foundation for a modern democratic society anchored upon
respect for the rule of law and human rights, and we will do everything
possible as a responsible Government to consolidate these new found freedoms
and democratic gains which too many have fought and died for.
Mr
President,
Distinguished
guests,
The
past year has been an eventful one especially with respect to our transitional
justice processes. The Janneh Commission submitted its comprehensive Report on
the financial corruption of former President Jammeh and his close associates
and the Government issued its White Paper in reaction to the Report. The
Government has since started implementing the recommendations of the Commission
for the recovery of stolen and misappropriated monies. The sale of assets and
of former President Jammeh’s properties is currently ongoing in phases and has
already generated hundreds of millions of Dalasis and more is expected in the
coming months. We will intensify our recovery efforts in the course of this
year by using all legal means at our disposal including civil and especially
criminal proceedings against uncooperative culprits.
Regarding
the Truth, Reconciliation and Reparations Commission (TRRC), it has been a
challenging one year of public hearings with a number of shocking revelations
and difficult decisions. I sympathize and understand the frustrations of some
victims and their families over the perceived lack of accountability for
perpetrators, frustrations often expressed in the saying that justice delayed
is justice denied. But I say that sometimes justice has to be delayed so that
it will not be denied. As leaders, we cannot simply follow public opinion all
the time. We have a responsibility to occasionally lead public opinion
especially when it comes to matters of justice and the rule of law.
I
have said previously that removing former President Jammeh from power,
impossible as it seemed at times, may prove to be an easier task compared to
the challenges that lie ahead of us as a nation. But we made a choice. We chose
liberty over tyranny, democracy over dictatorship, and reconciliation over
revenge. The road to sustainable peace and democracy in our country will be a
long and bumpy ride but we will not fail. With every falter and every stumble,
for there shall be many along the way to that Promised Land of freedom and
justice which we all dreamed about in December 2016, we shall lift ourselves up
again and again more determined than ever before to see that dream come true.
Too many have died for this dream and they too shall not have died in vain.
And
we continue to draw inspiration from the words of President Theodore Roosevelt
that, “It is not the critic who counts; not the man who points out how the
strong man stumbles, or where the doer of deeds could have done them better.
The credit belongs to the man who is actually in the arena, whose face is
marred by dust and sweat and blood; who strives valiantly; who errs, who comes
short again and again, because there is no effort without error and
shortcoming; but who does actually strive to do the deeds; who knows great
enthusiasms, the great devotions; who spends himself in a worthy cause; who at
the best knows in the end the triumph of great achievement, and who at the
worst, if he fails, at least fails while daring greatly, so that his place
shall never be with those cold and timid souls who neither know victory nor
defeat”.
So
let me make this clear once again, the TRRC is only a fact finding investigative
process, but unlike other truth commissions elsewhere around the world, ours is
the first of its kind with a mandate to identify for prosecution those who bear
the greatest responsibility for the human rights violations and abuses. After a
year of public hearings, and as we enter into the second and possibly final
year of hearings, it can no longer be ruled out that crimes against humanity
have been committed in The Gambia, between July 1994 and January 2017, under
former President Yahya Jammeh, and that those who will be identified by the
TRRC will face certain prosecution in the most serious form. There will be
accountability of the highest order for these crimes and I assure the victims
that it is now only a question of when, and not if. Make no mistake about it,
barring any findings or recommendations of the TRRC to the contrary, if former
President Yahya Jammeh, ever comes back to this country, he will face immediate
arrest and charges of the most serious kind, and no amount of irresponsible idle
talk or political brinkmanship will prevent this from happening. He will be
subjected to an accountability process like any ordinary accused person in this
country.
Meanwhile,
the Government continues to demonstrate its commitment to the welfare of the victims
by making an initial payment of fifty million dalasis to the TRRC Victims’
Trust Fund, part of which was used to provide overseas medical treatment for
some victims. Nevertheless, great care must be taken not to undermine or be
seen to undermine all the efforts invested in our transitional justice process.
We have all worked too hard to throw it all away at the alter of political
expediency. History will not judge us kindly if we engage in acts that
undermine public confidence in these processes and ignore the pains and
sufferings of the victims and their families. And let those who mock at or use
threatening or abusive language against the victims be warned, do not test the
limits of our democratic tolerance or confuse our respect for the rule of law with
weakness. We will not, under any circumstances, accept the intimidation or
harassment of victims and witnesses by anyone. The change in December 2016 is
as much about sensitivity to the plight of
Jammeh’s victims as it is about our collective destiny as a people.
On
the Constitutional Review Process, we are pleased that the Constitutional
Review Commission has now published its draft constitution for public reaction.
It is indeed impressive that the CRC was able to produce this detailed draft in
this short period of time. The publication of the draft has also achieved its
intended purpose of generating public debate on the proposed governance
architecture for our new Gambia, but unfortunately, and in spite of the many
progressive provisions contained in the new draft constitution, there has been
too much focus on one issue that has threatened to overshadow all the good work
of the CRC, and the tone of the exchanges has, at times, been unsavoury and
this is regrettable.
There
is no doubt that the concerns of minorities must be taken into consideration as
we seek to rebuild a new Gambia through assurances that make them feel
protected by the State. How best to achieve that protection and assurance is
the subject of intense debate these days. While the expression of divergent
views is an intrinsic part of democracy, and helps to bring to the fore issues
that had simmered beneath the façade of peaceful coexistence in our country so
that we can address them openly and candidly as part of rebuilding the new Gambia,
we must not allow these exchanges to divide us.
Christians
and Muslims have lived in this country in peace and harmony for generations and
it is the responsibility of each and every one of us to ensure that this
fraternal spirit is jealously guarded. Now that former President Jammeh has
gone, so must all his irresponsible actions that had divided us along sectarian
lines. We must not allow his legacies to continue to threaten our cherished
peace and tranquility. This country belongs to all of us, Christians and
Muslims, and so it shall remain. Our democracy must not be allowed to become a
tyranny of the majority.
Mr
President,
Distinguished
Guests,
One
of the biggest challenges to our democratic reform process lies in our security
sector reform. There is continuing mistrust between ordinary citizens and our
men and women in uniform in spite of the best efforts of individual law
enforcement agencies to change their approach to law enforcement in the
country. It is clear that there is an urgent need for a coordinated, efficient
and quick security sector reform process and we encourage the general public to
exercise more patience and understanding as this is a complex process that
requires tact, professionalism, and care. But we must also recognize that a complete
institutional transformation of our law enforcement agencies will require a
longer and more focused effort but we are determined to see this reform
through. As the Chair of the Steering Committee of the Security Sector Reform,
I have extended an invitation to the United Nations to assist with coordinating
all the different complementary efforts of our bilateral and multilateral
friends and allies in this reform process, and we hope to see more progress in
the course of this year.
Mr
President,
Distinguished
Guests,
In
terms of legislative reforms, we have in the course of last year, tabled for
enactment before the National Assembly a number of transformative legislation
including an access to information bill, an anti-corruption commission bill, a
women’s amendment of discriminatory laws bill, a sexual offences bill, and a
bill on mutual legal assistance in criminal matters.
More
legislation will be tabled in the course of this year including comprehensive
amendments to the criminal code and criminal procedure code in order to
sanitize our criminal justice system and bring it in line with modern criminal
justice norms and practices. In particular, the amendments will introduce
non-custodial sentences such as community service, suspended sentences, probation,
elimination of the death penalty as a sentencing option, greater flexibility
for bail, and plea bargains etc. Other new bills will include a prohibition of
torture bill which will criminalize acts of torture for the first time in The
Gambia; an international crimes bill to cover mass atrocity crimes like
genocide, war crimes and crimes against humanity; a media services bill, and
amendments to the Elections Act in consultation with the Independent Electoral
Commission and all registered political parties in the country.
Mr
President,
Distinguished
Guests,
We
are also on course to regain and restore The Gambia’s global leadership in
human rights. Last year, the Government initiated a case at the International
Court of Justice against the Republic of Myanmar under the 1948 Genocide
Convention. Perhaps this came as a surprise to many in and outside The Gambia
but keen followers of our progress since the change in December 2016 would have
noticed that the ICJ case was not an isolated event. It follows a pattern of
increasing commitment of the Government for adherence to international law and
the fulfillment of our obligations as a State Party to both regional and
international treaties and conventions.
Barely
one month after the installation of the new administration, the Government, in
February 2017, rescinded the decision by the Jammeh administration to withdraw
The Gambia from the International Criminal Court, paving the way for our
continued membership to the ICC. Since 2017, the Government has signed and/or
ratified a number of international treaties including the UN Convention Against
Torture, the UN Optional Protocol on the Abolition of the Death Penalty, the UN
Convention Against Enforced and Involuntary Disappearance, and the African
Charter on Democracy, Elections and Governance.
Moreover,
since 2017, The Gambia successfully submitted its combined periodic reports for
the first time since 1985 to the UN Human Rights Council on the International
Covenant on Civil and Political Rights; our combined periodic report for the
first time since 1994 to the African Commission on Human and Peoples’ Rights;
our first report on the Maputo Protocol on the Rights of Women; and most
recently in November 2019, we appeared before the UN Human Rights Council under
the Universal Periodic Reports procedure. More significantly, The Gambia had
since October 2018 made a Declaration pursuant to Article 34(6) of the Protocol
to the African Charter on Human and Peoples’ Rights on the establishment of an
African Court to allow individuals to have direct access to the Court.
Furthermore, the Government has also honoured all judgment awards made against
the previous administration by the ECOWAS Court.
Consequently,
The Gambia’s case at the ICJ should be viewed in the context of an increasing
commitment to international law by the Government. Moreover, by this single act
of initiating a case at the ICJ under the 1948 Genocide Convention, we are
saying to the rest of the world that the new Gambia will not tolerate
oppression in or outside our borders. We have therefore laid down a marker
about the standards of government behavior towards its people and by
implication raised the expectations of our own people about our own conduct
towards them, and we shall live up to those expectations God willing.
Mr
President,
Distinguished
Guests,
Following
improvements in the conditions of service of the judiciary last year, I wish to
extend my deepest gratitude to you, Your Excellency, and to your Government,
for the improvements this year of the conditions of service of the professional
staff of the Attorney General’s Chambers and Ministry of Justice. It is indeed
timely, and further demonstrates the commitment of your Government to
strengthening the pillars of good governance. With these improved conditions,
the Ministry will increase its ability to retain and attract more experienced
staff, ensure greater commitment, and produce faster results.
Indeed
we are aware, that to whom much is given, much more is expected. And so we have
instituted new internal quality control mechanisms in order to increase
efficiency, improve communications, and address the perennial challenges
relating to court appearance by counsel occasioned mostly by a shortage of
adequate manpower. We have also introduced a performance appraisal system to
monitor and evaluate staff performance with a view to making improvements.
As
I said at last year’s opening of the Legal Year, I have never worked with a
more committed and dedicated team than the men and women of the Ministry of
Justice under the leadership of the Solicitor General, Mr Cherno Marenah. I
could not be prouder calling them my staff. Over the last three years, they
have been pushed to their limits to ensure that we deliver on our reform
promises to the people of this country and they have been equal to the
challenge. I salute their determination despite the difficult conditions and
the many constraints. Once again, I am grateful to you, Your Excellency, for
recognizing their efforts and providing them with support by improving their
conditions of service this year.
Indeed,
all of the modest achievements since 2017 have been registered under your
leadership and guidance and I am honoured to have been given the opportunity to
contribute to this historic period of transformation of our country as your
Attorney General and Minister of Justice. I am indeed grateful for all the
support that you have given me and which made an otherwise onerous job less
burdensome. Our challenge going forward is to build on and consolidate the
gains already made. I have no doubt that if we join hands and work together
without regard to ethnicity, religion, political or other status, we will
overcome our challenges as a nation with a determination equal only to the one
that led to the change back in December 2016. For the sake of future
generations of Gambians, I pray that we live in unity, freedom and peace each
day!
