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Momodou
Denmark
11668 Posts |
 Posted - 15 Jan 2013 : 21:39:59
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PDOIS’ LETTER ON THE SEVENTEEN POINTS RAISED BY THE EU FOR POLITICAL DIALOGUE
14 JANUARY 2013
PRESIDENT OF THE REPUBLIC
STATE HOUSE
BANJUL
RE: ON THE SEVENTEEN POINTS RAISED BY THE EU FOR POLITICAL DIALOGUE
The Executive of the country is responsible for conducting relations with other states and international organisations. It has the duty to keep the Public informed of the content of the agreements it has contracted with other states.
These are difficult times. All governments in the world are confronting issues of governance like never before. No country is immune. Every Government in the world is under scrutiny. The only secure societies in the world are those that are open, tolerant, transparent and proactive in addressing the civil, political, economic, social, cultural and ecological concerns of their people. The only secure governments are those that have established term limits and are not afraid to lose power as long as it is the people’s will to remove them from office.
You would agree with us that each nation has two types of sovereignty; internal and external. Internal sovereignty is characterised by the nurturing of a sovereign people whose fundamental rights become inviolable and inalienable in word and practice and in whom is lodged the unfettered authority to elect public trustees who are duty bound to build institutions, formulate and implement policies that would promote and consolidate the civil, political, economic, social, cultural and ecological rights of the citizenry within secure peaceful borders of countries that enjoy territorial integrity, sovereignty, political independence and national unity.
Since no nation could exist as an Island isolated from other nations and no nation could be at peace if its sovereignty, territorial integrity, political independence and National Unity is threatened by other nations, external sovereignty could only be safeguarded in concert with other nations. Hence all governments could only have secure peaceful borders if they establish relations with other nations aimed at jointly protecting and promoting the civil political, economic, social, cultural and ecological rights of their citizens in the spirit of good neighborliness. The safeguarding of external sovereignty is a collective enterprise. It is done through signing international treaties, conventions, protocols and other agreements or instruments.
Countries that sign international treaties enjoy rights and incur obligations at the same time. Every international agreement embodies the principle of subsidiarity and the ceding of certain sovereign powers to the collective. The doctrine of collective sovereignty becomes more dominant as nations integrate at the civil, political and economic level like the European Union. In that case, national sovereignty becomes subsumed under collective sovereignty. Countries establish different standards in their relation to each other.
Development Corporation between European States and group of African states is not new. It was first guided by simple treaties of economic dimensions between former colonies and their former colonizers such as Yaounde one, 1963 – 69, and Yaounde two, 1969-74. In 1976, African, Caribbean and Pacific states that had some affinity to the European states through colonial domination signed the Lome Convention which lasted up to 2000. The Convention gave rise to subsidies for agricultural produce and minerals to stabilise the fluctuation of their prices and guarantee the regular supply of raw materials to European Industries. The Convention also indicated the intention to promote preferential market access as well as effect transfer of technology.
After broad consultation from 1996 to 2000 the Lome Convention was replaced with the Cotonou Partnership Agreement in 2000. It is known as the Cotonou Agreement. Your Government is a signatory to the agreement and its amendments in 2005. The agreement is reviewed every five years and the last review was in 2010. Gambia is not known to be on record for opposing any of the principles embodying the agreement.
RELEVANT PRINCIPLES EMBODYING THE AGREEMENT
ARTICLE 9 deals with the essential elements regarding human rights, democratic principles and the rule of law, and fundamental element regarding good governance.
Article 9(2) states in no uncertain terms that the Parties including the Gambia “refer to their international obligations and commitments concerning respect for human rights. They reiterate their deep attachment to human dignity and human rights, which are legitimate aspirations of individuals and peoples. Human rights are universal, indivisible and inter related. The Parties undertake to promote and protect all fundamental freedoms and human rights, be they civil and political, or economic, social and cultural. In this context, the Parties reaffirm the equality of men and women.
The Parties reaffirm that democratisation, development and the protection of fundamental freedoms and human rights are interrelated and mutually reinforcing.
Democratic principles are universally recognised principles underpinning the organisation of the State to ensure the legitimacy of its authority, the legality of its actions reflected in its constitutional, legislative and regulatory system, and the existence of participatory mechanisms. On the basis of universally recognised principles, each country develops its democratic culture.
The structure of government and the prerogatives of the different powers shall be founded on rule of law, which shall entail in particular effective and accessible means of legal redress, an independent legal system guaranteeing equality before the law and an executive that is fully subject to the law.
Respect for human rights, democratic principles and the rule of law, which underpin the ACP-EU Partnership, shall underpin the domestic and international policies of the Parties and constitute the essential elements of this Agreement.
Furthermore Article 9(4) emphasises that “The Partnership shall actively support the promotion of human rights, processes of democratisation, consolidation of the rule of law, and good governance.
These areas will be an important subject for the political dialogue. In the context of this dialogue, the Parties shall attach particular importance to the changes underway and to the continuity of the progress achieved. This regular assessment shall take into account each country’s economic, social, cultural and historical context.
These areas will also be a focus of support for development strategies. The Community shall provide support for political, institutional and legal reforms and for building the capacity of public and private actors and civil society in the framework of strategies agreed jointly between the State concerned and the Community.
The Gambia and all African Caribbean and Pacific states and the EU States have agreed for issues of human rights, rule of law, good governance and the democratisation process to be subjects of concern for the political dialogue between the EU and a state party.
The question now arises: What did the agreement say about political dialogue.
ARTICLE 8 of the agreement deals with Political Dialogue. It states:
1. The Parties shall regularly engage in a comprehensive ,balanced and deep political dialogue leading to commitments on both sides.
2. The objective of this dialogue shall be to exchange information, to foster mutual understanding, and to facilitate the establishment of agreed priorities and shared agendas, in particular, by recognising existing links between the different aspects of the relations between the Parties and the various areas of cooperation as laid down in this Agreement. The dialogue shall facilitate consultations between the Parties within international fora. The objectives of the dialogue shall also include preventing situations arising in which one Party might deem it necessary to have recourse to the consultation procedures envisaged in Articles 96 and 97.
3. The dialogue shall cover all the aims and objectives laid down in this Agreement as well as all questions of common, general, regional or sub regional interest.
It is clear that the dialogue should facilitate the establishment of agreed priorities and agendas.
In our view, the EU has submitted what it considers to be its priorities and agenda for the political dialogue. The agreement empowers the Gambia Government to establish its own priorities and agenda for submission for the dialogue. It goes without saying that dialogue by its very nature does not exclude frank discussion between equals. It presupposes the interrogation of each other’s priorities and agendas to come up with a consensus that would serve as mutual priorities.
It seems to us the government is conceding before even going to battle to defend its own priorities and agenda. The EU is very explicit in the formulation of its priorities and agenda. We have not seen the priorities set by the Government of the Gambia. The 17 points raised by the EU to be discussed are as follows:
THE 17 ISSUES RAISE BY THE EU FOR THE POLITCAL DIALOGUE WITH THE GAMBIA GOVERNMENT
1. Commitment of Government of the Gambia to allow the free operation of independent media in The Gambia within a deadline of one month;
2. Removal of restrictive barriers/monetary/regulatory to registration and licensing of the media;
3. Removal of restriction on accessing and sharing information electronically within one month;
4. Revision of provision in the criminal code that allow for prosecution on the charges of sedition, libel, false publication to a public servant within 6 months,
5. Revision of laws on freedom of expression and media regulations within 24 months
6. Upholding of moratorium on death penalty with immediate effect
7. Provision of information regarding the recent executions, and including location of burial to families within one month
8. Review of the death penalty by the National Assembly within 12 months
9. Review of the death penalty by the National Assembly and to propose to introduce a de jure moratorium within 24 months
10. Review of the provision of the death penalty in the element of the criminal code and other laws for most serious crimes within six months
11. That the Government signed and ratified the second optional protocol to the international covenant on civil and political rights within 18 months
12. Conclusion of an MOU with the International Committee of the Red Cross (ICRC) to allow them access to prison facilities on regular basis within 3 months
13. Provision of regular and timely access for diplomatic corps within one month
14. Presentation of costed proposals to improve prison detention facility condition within 12 months
15. Provision of information on the UN Convention against torture ratified on June 6th 2006 within 3 months
16. Signing of the optional protocols to the convention against torture within 6 months
17. Establishment of the Human Rights Commission proposed by the Commonwealth secretariat
Your Government has rejected the agenda and priorities set by the EU for the political dialogue which are time bound without stating your own options for consideration of the EU. Instead, we have gathered that you have suspended the political dialogue. This does not show that your government has the diplomatic muscle to negotiate its way in accordance with the agreement it has signed. It is even expressing regret that the agreement was ever signed.
According to article 96 2 (a)”Both Parties agree to exhaust all possible options for dialogue under Article 8, except in cases of special urgency, prior to commencement of the consultations referred to in paragraph 2 (a) of this Article.’
The suspension clearly puts the relation at risk. It makes Article 96 actionable. Refusal to engage in consultation would lead to the taking of appropriate measures which is described in 96 (2c) as “measures taken in accordance with international law and proportional to the violation”.
In the instance of friction in the political dialogue Article 96 (2) states that “If, despite the political dialogue on the essential elements as provided for under Article 8 and paragraph 1a of this Article, a Party considers that the other Party fails to fulfill an obligation stemming from respect for human rights, democratic principles and the rule of law referred to in Article 9(2), it shall, except in cases of special urgency, supply the other Party and the Council of Ministers with the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. To this end, it shall invite the other Party to hold consultations that focus on the measures taken or to be taken by the Party concerned to remedy the situation in accordance with Annexe VII.
The consultations shall be conducted at the level and in the form considered most appropriate for finding a solution.
The consultations shall begin no later than 30 days after the invitation and shall continue for a period established by mutual agreement, depending on the nature and gravity of the violation. In no case shall the dialogue under the consultations procedure last longer than 120 days.
If the consultations do not lead to a solution acceptable to both Parties, if consultation is refused or in cases of special urgency, appropriate measures may be taken. These measures shall be revoked as soon as the reasons for taking them no longer prevail.
b) The term "cases of special urgency" shall refer to exceptional cases of particularly serious and flagrant violation of one of the essential elements referred to in paragraph 2 of Article 9, that require an immediate reaction.
As a Central Committee of a party that should function like a shadow cabinet, we have looked at the demands one by one. Points one to five dealt with the expansion of the democratic space for freedom of expression. How many people have been prosecuted and convicted under the seditious, libel and false publication laws. How could such laws deter on line papers from publishing everything in the book. What is wrong in examining their viability? Many countries have decriminalised speech and have created laws that enable an aggrieved party to seek redress through civil suits. The Constitution says that the freedom of the press and other information media are hereby guaranteed. The EU is simply responding to points raised during a recent EU, Gambia Government and Media stakeholders workshop held on 1 November 2012 aimed at finding the best way government and the media could keep the people informed. The EU Committed 10 Million Euros with the objective of reviewing the laws governing the media sector, develop a professional code of conduct for journalists and assist the Gambia to evolve an information and communication policy. State your position on the five points and allow the debate to bloom.
The EU could only exercise persuasive influence but cannot force bills to be prepared and passed in the National Assembly and assented to by the President to become law. Only an overly sensitive government would take opinions expressed in pursuant of the principles of an agreement as interference in the internal affairs of a country.
Suffice it to say that there is ample evidence to show that the media needs more support and protection to survive. The closure of Taranga FM, Daily News and The Standard is a living testimony to the challenges facing the media. Media friendly governments are opening up the public media to divergent views, giving tax exemption and duty waivers for printing materials so that their populations would benefit from the free flow of information and knowledge. The opposition in the Gambia has no access to the National media as is the case in neighbouring Senegal. The government should give up its self righteous posture and accept the challenges of democratic governance. It must not try to find solace in having a nation of praise singing media practitioners.
Secondly, another five points dealt with the death penalty and prison conditions. Section 18 subsection (3) of the Constitution states that “The National Assembly shall within ten years from the date of the coming into force of this Constitution review the desirability or otherwise of the total abolition of the death penalty in The Gambia.”
This was not done. The EU proposes that a moratorium be established and the review be done. This has been our position and that of many death penalty abolitionists.
Furthermore, prison reform is long overdue and if the EU is ready to put its pocket where its mouth is why should the Government not negotiate with them to improve the prison conditions.
The rest of the points dealt with proposals to sign optional protocols on torture, civil and political rights after the main conventions have already been signed and ratified. What is the qualm?
Finally, we cannot understand how request for diplomats to have timely audience with the executive and proposal to establish a Human Rights Commission could be considered neocolonial intentions and interference in the internal affairs of a country when the coming into being of such a commission is a principal requirement of the ECOWAS protocol on Good Governance.
To conclude, we will not be tempted to overstate the fact that the EU is the main donor to the Gambia. Infrastructural development such as The Trans-Gambia road network covering Mandinaba-Siliti, Barra Amdallai, Basse Velligara as well as other road networks like Soma –Basse, the School Feeding Programme, Drainage, Sanitation and Waste Management projects.etc. are all testimonies to the productive input of the EU to the development of the country.
In fact, for the period 2008-2013 (10th EDF), €70.6 million (D3258 million) is allocated to the Gambia. It is obvious to the government that the partnership between the European Union and The Gambia is guided by the principles and objectives laid down in the Cotonou Agreement. Political dialogue between The Gambia and the EU has been taking place for years without any alarm being raised. Since 2009, the format of this dialogue was established in an agreement between the EU Heads of Mission accredited to The Gambia and the Gambia Government. We are informed that the dialogue aimed to promote stable and democratic political development that would foster civil, economic, social and cultural development.
The EU is also a major trading and economic partner. The tourism sector has attracted huge Scandinavian, British, French, Spanish, German and Dutch investments. The Gambia enjoys “duty-free and quota-free access to the European market under the everything but arms unilateral arrangements.” For a long time the EU was The Gambia's principal trading partner, “The main imported products from the EU include motor cars and vehicles, medicines, edible oil and sugar. The United Kingdom, Germany, the Netherlands and Spain are the main sources. The main exported products to the EU include groundnuts, fish and fishery products and animal and vegetable fats and oils, the majority of which go to the UK and the Netherlands.”
There is nothing to be gained by the Government by abandoning dialogue. It is more honourable to facilitate the release of Imam Baba Leigh, remove the ban on Taranga FM, Daily News and The Standard Newspaper, continue the dialogue with GPU and the other Media executives for media reform, initiate dialogue with the Opposition parties for political and electoral reform leading to second round of voting and term limits and initiate dialogue with human rights defenders for prison reform and reform of the criminal justice system.
The wisdom of the ages teaches that a nation is too complex a social organisation to be run by the thinking of one brain. A nation only has a future if it is governed by the collective intelligence and will power of its enlightened and dedicated citizenry. Those who cannot harness such national human resources under a climate of liberty, dignity and prosperity should retire from politics. This is the verdict of commonsense and it is incontrovertible.
Yours in the service of the people
Halifa Sallah
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 16 Jan 2013 : 17:47:06
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Sounds to me like a lecture in international relations. That is not what we need because its always only those with a taste in international politics will read this without grumbling about the length of the piece. Some of them won't even understAnd anyway. So the best method of public communication is to break dowm complex issues to bullet points and in short summary. I had explained this matter without even filling one page and yet Halifa's piece came with no extra.
I know Halifa does these long essays because he thinks that't what will make him come across as knowledgable but it serves no purpose for God Shake.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 16 Jan 2013 21:43:26 |
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toubab1020
12306 Posts |
Posted - 16 Jan 2013 : 20:13:03
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"come across as knowledgable but it serves no purpose" that's exactly what ALL intellectuals and politicians in every country do anyway. so he is no exception  |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 16 Jan 2013 20:13:23 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 16 Jan 2013 : 21:33:51
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.I did not say he come across as knowledgable because he doesn't to me. All I said is that he wants to come across as knowledgable. In. Other wordsn he is a showy man with a great propensity of deception.
Thanks |
I do not oppose unity but I oppose dumb union. |
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kobo
United Kingdom
7765 Posts |
Posted - 16 Jan 2013 : 23:06:34
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Nyarikangbanna! STOP BEING OBSESSED WITH GRASSING DOWN HALIFA SALLAH, YOUR PARTISAN SMEARING CAMPAIGN, INTELLECTUAL DISHONESTY AND BIGOTRY  
GRANMA SIRREH MAAFANTA 2012 AWARDS HAS SOMETHING MORE PATRONISING, SINCERE AND WHICH CAN BE VOUCH BY OTHERS AS QUOTED BELOW;
quote:
"Reader says on Haliifa Sallah:
One of the most dynamic political leaders of the nation. Keeping track and is always very concerned with defending citizens rights, advocating for freedom and democracy, sensitizing on civic education, franchising for “independence”, clarifying on the burning political issues and intellect shared. Voice heard spot on , on every political, social, economic and constitutional discourse, tirelessly educating its people on their political rights , persistently at the forefront and on the ground challenging a dictator and state terror. Please consider my pick?
Thanks for cooperation"
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Edited by - kobo on 16 Jan 2013 23:07:33 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 17 Jan 2013 : 00:18:48
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Grassing down Halifa, what a phrase??? Like it.
Thanks |
I do not oppose unity but I oppose dumb union. |
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toubab1020
12306 Posts |
Posted - 17 Jan 2013 : 00:22:42
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So you did,my speed reading is to blame, sorry
quote:
Originally posted by Nyarikangbanna
.I did not say he come across as knowledgable because he doesn't to me. All I said is that he wants to come across as knowledgable. In. Other wordsn he is a showy man with a great propensity of deception.
Thanks
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kobo
United Kingdom
7765 Posts |
Posted - 17 Jan 2013 : 02:04:04
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quote:
Originally posted by Nyarikangbanna
Grassing down Halifa, what a phrase??? Like it.
Thanks
"Grassing" him down (taken from a special football tackle to "bring down an opponent on the ground/grass") is a slang I applied and/or slanderous. Borne from any evil or treacherous plot by enemies, foe, hypocrites and bigotry; to belittle, bring down or denigrate someone's character
You have exhausted your vocabulary to criticise Halifa Sallah; from "AYATOLLAH", "DISINGENUOUS", "DOGMATIC", couple of days in PDOIS’ NEW YEAR MESSAGE just coined in "INTELLECTUAL DICTATORHIP" and today implying not "KNOWLEDGEABLE"
Who is "KNOWLEDGEABLE" and are you one of them
ALL WORDS IN DICTIONARY MEANING FOR "KNOWLEGEABLE" APPLY AS GOOD TRAITS OR FIT AS A CRITERIA FOR SOMEONE WITH HALIFA'S POTENTIALS ALWAYS DISPLAYED IN NATIONAL ISSUES DISCOURSE;
quote:
"Knowl·edge·a·ble [nol-i-juh-buh-l] Show IPA adjective"
"possessing or exhibiting knowledge, insight, or understanding; intelligent; well-informed; discerning; perceptive."
Many thanks for pointing out Halifa's potentials, credentials and competence in politics and national issues Nyarikangbanna |
Edited by - kobo on 17 Jan 2013 03:57:32 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 17 Jan 2013 : 02:16:52
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| How much does he pay you for all this trouble? |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 17 Jan 2013 02:19:16 |
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kobo
United Kingdom
7765 Posts |
Posted - 17 Jan 2013 : 03:01:45
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Nyarikangbanna!
WHY DO YOU HATE HALIFA SALLAH AND/OR P.D.O.I.S AND ITS LEADERS
WHY CAN'T YOU FOCUS ON THE ISSUES BUT BEND YOUR ENERGIES ON SENSELESS CHARACTER ASSASSINATION AND PERSONAL ATTACKS
WHY ARE YOU BIASED, A HATER AND BIGOT
quote:
Sulayman Jeng, UK
"Hatred blinds the mind; paralyses the heart and weakens the limbs. Hate, therefore, may be ascribed as extreme hostility and aversion usually stemming from fear, anger, or sense of injury.
When an individual hates, his/her ability to make informed and objective judgement becomes impaired. His or her reasoning faculty becomes cloudy thus rendering him/her insensitive to justice, fairness, and above all the feelings of the others."
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Edited by - kobo on 17 Jan 2013 06:16:56 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 18 Jan 2013 : 03:00:15
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| Is that Chapter 7 verse 55; Mathews? |
I do not oppose unity but I oppose dumb union. |
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kobo
United Kingdom
7765 Posts |
Posted - 18 Jan 2013 : 06:11:47
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quote:
Originally posted by Nyarikangbanna
Is that Chapter 7 verse 5 55; Mathews?
FROM POLITICAL WRANGLING AND GIMMICKS TO INVOKING SOLEMN RELIGIOUS SERMONS AND VERY INTERESTING DOCTRINE THAT APPLIES TO YOU FOR MORALISING AND WISE GUIDANCE ADVISING YOU TO STOP CONDEMNING HALIFA. LOL
I HAVE CHECKED FOR CHAPTER 7 VERSE 55 AND RELEVANT REFERENCE COVERED IS CHAPTER 7 VERSE 5 (REFER HERE) FOR THIS QUOTE;
quote:
“Do not judge, or you too will be judged."
"For in the same way you judge others, you will be judged, and with the measure you use, it will be measured to you."
MORE CROSS REFERENCES ON SAME DOCTRINE;
- Luke 6:37 "Do not judge, and you will not be judged. Do not condemn, and you will not be condemned. Forgive, and you will be forgiven.
- Luke 6:41 "Why do you look at the speck of sawdust in your brother's eye and pay no attention to the plank in your own eye?
- John 8:7 When they kept on questioning him, he straightened up and said to them, "If any one of you is without sin, let him be the first to throw a stone at her."
- Romans 2:1 You, therefore, have no excuse, you who pass judgment on someone else, for at whatever point you judge the other, you are condemning yourself, because you who pass judgment do the same things.
- Romans 14:10 You, then, why do you judge your brother? Or why do you look down on your brother? For we will all stand before God's judgment seat.
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Edited by - kobo on 18 Jan 2013 06:35:02 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 18 Jan 2013 : 07:58:51
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| Oh I see!! Its Chapter 7 verse 5 John. The indoctination seems to be working then, at least on you. |
I do not oppose unity but I oppose dumb union. |
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kobo
United Kingdom
7765 Posts |
Posted - 19 Jan 2013 : 20:48:55
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quote:
Originally posted by Nyarikangbanna
Oh I see!! Its Chapter 7 verse 5 John. The indoctrination seems to be working then, at least on you.
PLEASE STOP BEING RIDICULOUS TO DETRACT OTHERS FROM MORE IMPORTANT ISSUES ("ON THE SEVENTEEN POINTS RAISED BY THE EU FOR POLITICAL DIALOGUE") ADDRESSED BY PDOIS’ LETTER AND SUBJECT MATTER OF THIS TOPIC TO KEEP THE PUBLIC WELL INFORMED WITH SOUND RELEVANT INFORMATION
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