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Momodou
Denmark
11828 Posts |
 Posted - 13 Aug 2009 : 17:30:51
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Women's Rights Movement Sends Open Letter to the President
12 August 2009
Your Excellency,
The Women's Rights movement of the Gambia would like to appeal to your good office regarding the matter of the jailed journalists and in particular regarding Sarata Jabbi's case.
We would like to draw your attention to the fact that Sarata is a lactating mother of a 7 month old baby boy, who is incarcerated with his mother at the Mile 2 Central prison. The baby is completely innocent of the circumstances for which his mother is serving sentence. We are of the opinion that the baby's tender age requires that he be with his mother at all times, as no other person or institution can assume her role and responsibilities towards him.
The baby boy is totally dependent on his mother for feeding, care and support, which must be provided in an environment free from distress and frustration. The prison in which she has been incarcerated is not such an environment. In the light of this, we urge you to prevail in this matter with urgency, taking into consideration your government's commitment to upholding the basic principles of human rights and respecting the Conventions, Constitution and Policies it has ratified.
Your Excellency, it is not "in the best interest of the child" that he be obliged to formula feeding: his mother's choice to breastfeed him should be upheld: it is thus essential that they not be separated. The situation in which she currently finds herself threatens the proper nutrition of the child.
We also urge you to take into consideration that breastfeeding is a natural life saving process that only a mother can give to a child. Anything that threatens this puts the health and survival of the child at great risk.
We are aware that children are the most vulnerable groups with regards to nutrition due to the combined increased risk of death due to diarrhoea, pneumonia and under nutrition. This child faces this possibility if the mother remains in prison. An alternative to incarcerating a breast feeding or pregnant woman is to give a non-custodial or non-institutional sentence. This is the first option that should be considered given the special circumstances of Sarata and her seven months old baby who is totally dependent on her.
We wanted to take this occasion to remind you of some of the relevant articles regarding the matter of nursing/lactating and pregnant women in the International Conventions to which The Gambia is a State Party.
The African Charter on the Rights of the Child
Article 30: Children of Imprisoned Mothers
1. States Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law shall in particular:
1. Ensure that a non - custodial sentence will always be first considered when sentencing such mothers;
2. Establish and promote measures alternative to institutional confinement for the treatment of such mothers; and
(d) Ensure that a mother shall not be imprisoned with her child;
The Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol)
Article 24: Special Protection of Women in Distress
The States Parties undertake to:
b) Ensure the right of pregnant or nursing women or women in detention by providing them with an environment which is suitable to their condition and the right to be treated with dignity.
Provisions of the Children's Act - 2005 The Gambia
Section 218: Restrictions on Punishment
1. A child shall not be -
1. Ordered to be imprisoned; or
2. Subjected to the death penalty or have the death penalty recorded against him or her
2. A court shall, on sentencing an expectant or a nursing mother, consider the imposition of a non institutional sentence as an alternative measure to imprisonment.
3. Where institutional sentence is mandatory or desirable, an expectant or a nursing mother shall be committed to and be held or detained at an appropriate centre or place designated by the Secretary of State for that purpose.
4. No mother and child shall be held or detained at an appropriate centre in pursuance to subsection (3) for a period longer than the time the child would have attained the age of six years.
5. Where a mother who has completed her nursing period is further given a sentence of imprisonment, the child shall be treated as a child in need of care and protection and may be committed to the care of the person who will ordinarily have custody, or by a committal order to -
1. His or her father; or
2. A fit and proper person
The 1997 Constitution of the Republic of The Gambia
Section 29: Right of Children
1. Children shall have the right from birth to a name, the right to acquire a nationality and subject to legislation enacted in the best interest of children, to know and be cared for by their parents.
In the light of the above provisions we urge you to intervene in this case to protect, promote and respect the rights of this innocent child and his mother, who is performing a biologically required responsibility to protect life.
We would like to call your attention to your commitment to women's concerns and to protect the child and his mother in her sex specific role as a lactating mother. This is an issue we fervently solicit.
Yours faithfully
The Women's Rights Movement in The Gambia
Signed on behalf of the Movement
Dr Isatou Touray
Executive Director
Source: http://www.foroyaa.gm/modules/news/article.php?storyid=3107
http://allafrica.com/stories/200908130645.html
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11828 Posts |
Posted - 13 Aug 2009 : 17:33:31
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Foroyaa Editorial: Sarata Jabbi Dibba’s Child in Limbo
The Prisons Act and Rules Need Amendment
We joined the family to visit Sheriffo Dibba, Sarata Jabbi Dibba’s eight months child at the Children’s home in Bakoteh.The nurses and child attendants were very helpful but could not replace the care of a mother or the extended family. The child has been at the Children home for three days now. The mother used to feed him with breast milk which cements ties between mother and child. On the day of her conviction Sarata could be seen debating with her sister regarding the custody of the child. She was determined to stay with the child in prison since the court did not take note of the situation of the child as pleaded by the defence counsel, in the plea of mitigation, in handing down the sentences. Any child psychologist would quickly detect that the child is beginning to suffer a withdrawal syndrome. The child has gone through excessive transformation of environments which shape the emotions of the mother within too short a period of time. Withdrawal syndrome is manifested by rejection of social interaction, moody behavior, and snobbish attitude to people the child once used to interact with, excessive crying and emotional display. Some children who are under such emotional states may cope at the end. Others who find it difficult to cope with their strange environment and deprivation of the attention, touch, care and love of parent end up displaying temper tantrum, poor eating habits and wasting.
One may now ask: Who is responsible for removing the child from the loving hands of her mother? Who decided to take the child to a children’s home without consultation with the extended family?
UNICEF should not be silent on this matter after its vigorous campaign for the Convention on the rights of the Child to be domesticated. The child protection Alliance should not be indifferent. All international, Regional, Sub-regional and national organisations responsible for the promotion of the rights and welfare of the child should meet and form a delegation to visit Sheriffo Dibba and the mother at the prisons to try to find out what is best for the child. They should work to ensure that the Convention On the Rights of the Child and the African Charter on the Rights and Welfare of the child are given concrete meaning.
However, any delegation which seeks to see Sarata whose child has been taken to a Children’s home should not be surprise if it is not given access. Section 53 of the Prisons Act states: “Subject to the other provisions of this Act, a convicted criminal prisoner shall be allowed one visit from friends after he has completed three months of his sentence, and thereafter according to progressive stages or as a reward for good conduct in accordance with rules made under this Act.”
Hence even if the child is left under the care of the extended family they would not be able to have access to Sarata for a period of three months if the act is complied with.
Therefore the best way the state could handle this dilemma of the separation of mother and child is to release them. Those who are campaigning for the state to become sensitive to the plight of the journalists should not be recommending the substitution of custodial sentences for fines. There are constitutional powers which could be relied on to release them.
The state’s attention is further drawn to section 55 of the Prisons Act with regards to Pap Saine’s condition pending the intervention of the President. It states: “If a prisoner, seriously ill, desires to be visited by any relation or friend, the officer in charge or medical officer may give an order in writing for the admission of such relation or friend if he considers it advisable”
Pending the reaction of the President, the prison authorities should inform Pap Saine that he could make request for a visit so that a relative or friend could follow up his medical condition especially after the devastating rumour which spread across borders some days ago.
Source: http://www.foroyaa.gm/modules/news/article.php?storyid=3109 |
A clear conscience fears no accusation - proverb from Sierra Leone |
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shaka
996 Posts |
Posted - 13 Aug 2009 : 23:05:30
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| Thanks you very much Dr Touray and the Women's Right Movement. We need more civil society groups and leaders to lend their voices in the fight against tryranny. Way to go WRM!!!! |
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Karamba
United Kingdom
3820 Posts |
Posted - 14 Aug 2009 : 00:37:31
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Yaya Jammeh is so wicked. How does he feel to imagine his two children separated from him for just a while? While his wife and two children visit US for medical checks, it is most likely that he spends a fortune of time and resources to call them or even having to watch them through video link.
Gambians have to recognise the brutal being of Yaya Jammeh and get fully ready to tackle him.
The lame excuse about law is baseless. There is no law taking course in Gambia. Yaya is behaving like a drunken sailor and subjecting Gambians to all form and manner of hardship. It has to stop. Yes, this brutality has to stop. |
Karamba |
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Moe
USA
2326 Posts |
Posted - 15 Aug 2009 : 08:58:01
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This is exactly whats expected in any decent society and I really applaud them all ,The tolerance being exhibited as of present is a start and an end to this nightmare. If it affects what you stand for you should be able to justify your reason as have been done......................................Peacequote:
Originally posted by shaka
Thanks you very much Dr Touray and the Women's Right Movement. We need more civil society groups and leaders to lend their voices in the fight against tryranny. Way to go WRM!!!!
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
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