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Momodou
Denmark
11832 Posts |
 Posted - 13 Jul 2007 : 22:50:09
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FUNDAMENTAL RIGHTS AND FREEDOMS ARE JUSTICEABLE AND IF VIOLATED CAN BE ENFORCED BY GAMBIAN COURTS
Says Dr. Carol
By Sarjo Camara-Singhateh
Fundamental rights and freedoms are justiciable and if violated, it can be enforced by Gambian Courts , said Dr Henry Carrol.
Dr. Henry D. R Carol, Solicitor General and Legal Secretary, made this statement at a two day-workshop organised for the Gambia-security agents by Bajito Onda Africa Foundation, a charitable, non-Government Organisation which strives to empower women and children in Africa.
Dr. Carol said “In The Gambia, like several other African States, some Law Enforcement Officers do not have the foggiest idea about the provisions of the African Charter on Human And Peoples’ Rights, the Constitutional Human Rights provisions, the United Nations 1948 Universal Declaration of Human Rights, the Protocol on Rights of Women in Africa, the United Nations Conventions on the Rights of the Child, etc. The Solicitor General remarked “as a direct consequence of ignorance of the sacrosanct and inviolable provisions of the aforesaid International and Regional Human Rights Instruments, Law Enforcement Officers, at times, become very overzealous in the execution of their official functions and responsibilities, thereby at times violating the fundamental Human Rights, Freedoms and Civil Liberties of people who are in their lawful custody awaiting trial for whatever offence or offences”.
In answering the question he posed regarding the meaning of the term Human Rights, the Solicitor General said that it is simply rights pertaining to human beings. He said that he would repeat “A well known statement that is often parroted by Human Rights Lawyers, Consultants and Activists, right round the whole wide world…’Human Rights are Universal, Absolute and indivisible, and the Violations of Human Rights Anywhere, is the Concern of People Everywhere”
The Solicitor General further added that Independent Sovereign States are usually bound by International and Regional Treaties, Conventions and Accords, etc., which they have signed, ratified and domesticated; that there are exceptions regarding those Conventions and Treaties, such as those on Torture, Slavery, etc., which are legally binding on all sovereign States, irrespective of whether the States in question have signed, ratified and domesticated them or not.
Dr. Carol said that the United Nations has instituted a Human Rights Commission which has powers to discuss gross or heinous violations; that the UN Human Rights Committee, established in 1977, has the power or mandate to investigate complaints from individuals; that there are different Regional Human Rights Conventions which have established mechanisms for receiving and dealing with individual complaints and that these include the African Charter on Human and Peoples Rights(The Banjul Charter); that The Gambia has signed ,ratified and domesticated this Charter which therefore makes it a part and parcel of the domestic laws and fully enforceable by Gambian courts of competent jurisdiction; that this is in accordance with Section 4 of the Second Republic Constitution of The Gambia(1997).
Source: Foroyaa Newspaper Burning Issue
Issue No. 81/2007, 13 – 15 July 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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