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Momodou
Denmark
11835 Posts |
 Posted - 19 Apr 2007 : 02:04:23
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Foroyaa Editorial
FREEDOM OF EXPRESSION IN THE GAMBIA
On 10 April 2006, Lamin Fatty, a reporter of The Independent Newspaper was arrested by the National Intelligence Agency (NIA) and detained for 63 days contrary to the requirements of the constitution that a detainee must not be held for more than 72 hours without being taken before a competent court of law. Lamin Fatty has been charged with false publication contrary to the Criminal Code (Amendment) Act 2004 and if found guilty is liable to a fine of between D50,000 and D250,000 or imprisonment for a minimum period of one year in accordance with the Criminal Code (Amendment) Act 2005.
On March 27 2006, the editor-in-chief of The Independent newspaper, Musa Saidykhan, was arrested on 28 March 2006 and detained for 21 days. The General Manager Madi Ceesay was arrested and detained for 22 days. The premises of The Independent has been inoperative since 28 March 2006.
Apart from The Independent, the only private radio stations that have been broadcasting local news items – Citizen FM and SUD FM remain closed without any court order.
Section 25(1) (a) of the Constitution stipulates “freedom of speech and expression, which shall include freedom of the press and other media.”
Section 207 (1) of the constitution also states “Every person shall have the right to freedom and independence of the press and other information media are hereby guaranteed.”
The constitution even gives the media responsibility to scrutinize the government. It states in Section 207 (3) “The press and other information media shall at all times, be free to uphold …… the responsibility and accountability of the Government to the people of The Gambia.”
It is clear from these provisions that an Executive cannot be said to have a good record of freedom of speech and expression if it keeps locking up journalists and closing media houses. It cannot be said to be a respecter of freedom of speech and expression if it is intolerant to criticisms and divergent views.
A democratic minded leader listens to criticisms and takes them as challenges, not as insults or security threats, even when they are ill motivated. On the other hand, a monarchically minded leader or tyrant takes pleasure in praises by psychophants, but reads motives in every criticism and marks critics as enemies. He or she uses judicial and extra judicial measures to silence critics and opponents.
Since everyone is afraid to speak the truth, the lies of the psycho pant holds sway and the tyrant loses sight of the reality.
Criticism or scrutiny of the government in power is necessary in a democratic society. It keeps a government on its toes and facilitates better performance through efforts to avoid errors. Criticism is just like soap and water used for cleansing.
The media is regarded as the fourth estate with responsibility to uphold "the responsibility and accountability of the government to the people." How can such tasks be performed if citizens cannot express themselves freely; if one can land himself/herself in jail for expressing the view that a government is hopeless and needs replacement?
A vibrant media is an essential component of a democratic society, since without it democracy cannot have the desired effect.
Democracy cannot be limited to merely electing representatives periodically, especially, when such representatives turn out to be demagogues and elites who drain the resources of the country for their selfish ends and oppress the people.
Source: Foroyaa Newspaper Burning Issue
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A clear conscience fears no accusation - proverb from Sierra Leone |
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