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Momodou
Denmark
11644 Posts |
 Posted - 06 Mar 2020 : 09:57:14
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In Pursuit Of The Mission Of Promoting National Unity
Foroyaa: March 3, 2020
COMMENTARY 1
By Halifa Sallah
https://foroyaa.gm/in-pursuit-of-the-mission-of-promoting-national-unity/
The angry overtones between Muslims and Christians have died down and this is the time for sober reflections.
It is important for scholars to add value to the sober reflections taking place.
Putting aside some side comments made by some people who are still struggling to digest the issues at hand I am duty bound to explain the points at issue between Christians and Muslims which need consensus building as we come to the final phase of the Constitution building process of the third Republic.
First and foremost, those who are given responsibility to become Presidents, Ministers and National Assembly Members must discharge their functions without fear or favour, affection or ill will. They, as human beings, have interests, values and positions but in discharging their functions, as public trustees, they should commit themselves to the principle and practice of ensuring that the national interest overrides their personal interests, in all their public undertakings. In short, even though Candidate Barrow and the Coalition leadership did not emerge from the same party as Halifa Sallah , he did not hesitate to accept his appointment as their spokesperson during the election of 2016 and the rough transition which followed, without putting his personal and party interest above his coalition duties . What did he seek to gain from the service? Nothing what so ever!! This is what integrity and sincerity signify.
Having contributed to a peaceful transfer of power, in order to give Gambia a new start, I still have the moral authority to promote the maintenance of that peaceful atmosphere by helping to put an end to the mistrust and growing rift in the country. Devils do not work for peace they work to wreck it. Hence any person who claims to be godly but work to wreck communities and pit them against each other is a demagogue in the service of evil.
In short, when radio stations were closed down and some Gambians incarcerated those who enjoy fishing political power out of political turmoil and civil strife claimed that I was silent on the subject while I was quietly doing what I could to contact relevant stake holders to calm the currents of National disintegration. The demagogues continued to utter condemnations while those in trouble had sleepless nights. They hide in safe corners to prepare to reap the fruit of state power while those who face death just as I did during the impasse are left to take the punches and dangers.
Fighting injustice without seeking cheap popularity is what we are doing today. This is what we had done in the past. When Imam Manjang of Gunjur, Imam Ba Kawsu , Imam Baba Leigh and the list goes on, were incarcerated we worked day and night for their release.
When innocent Muslim leaders from the mosque of Jambur were abducted and treated as witches we stood by them to put an end to their suffering. Before taking a stand we visited all the main religious leaders and priests to tell them about the horrendous injustice that was being perpetrated against innocent citizens. They prayed but expressed their weakness in challenging the power that be .
Where was the demagogue of today pretending to be a defender of a faith? Why is his voice loud and clear today after I contributed with others to break the chains which left him with no option but to insult and curse himself to earn the trust of his master? Could an ungrateful miscreant, whose name is not even worth mentioning , who has been a willing and loyal tool of a fallen power, and who was made to walk and talk like a parrot in a cage singing the tune of his master to spread so much evil through words and deeds, discredit a person who spent his whole life speaking truth to power and fighting all evil in Gambian society, since Maggi Elek programme. Let the religious and godly youth of the country organise symposia and invite the demagogue to prove the profundity of his ideas. He will put his tail under his legs and hide his head in shame.
Just as we have worked to promote peaceful co-existence among political opponents, we are also working to promote peaceful coexistence among the Muslim and Christian community of our home land. A demagogue calls this cheap popularity. Those who believe that they are better qualified to do so should take a stand and be counted. Who is stopping them?
Those who simply criticise and do nothing but pour fuel on fire in order to reap public attention are simply writing their names in the history books as propagators of intolerance and disunity among our people , at a time when Gambians need dialogue to craft the most important document in their history.
Those who allow their idle minds to be the devils play field will reap a future of eternal pillory if they continue their apostasy. Those who fought the dirt of labelling human being who were given birth to in hospitals by women who conceived them for nine months and gave birth to them like any other, as witches are now being accused of seeking cheap popularity for giving guidance on how to forge national consensus on Constitution building . Truth cannot be alloyed through well-crafted fabrication of seeking cheap popularity for simply assisting the few to reach out to the many for better understanding of a common cause. This is the height of impudence.
CHRISTIANS AND MUSLIMS HAVE A COMMON CAUSE
The first point to note is that both Islam and Christianity are faith-based religions and have no foundation in any materialist philosophy that negates their religions. Since Muslims and Christians constitute the vast majority in Gambian society one would expect that they would share a common cause in not supporting any philosophy to be a state philosophy that negates their religions.
Hence it is baseless for Christians and Muslims to argue or tear each other apart over a philosophy that none of them subscribes to. What then is the point at issue?
Both Muslims and Christians want a Constitution that protects their freedom of belief and practice without hindrance or interference. Hence the debate on Constitution building should be divested of all frivolous issues and be properly contextualized This is the first point.
Secondly, the Constitution of a Republic is not a sacred book based on the text of any religion or philosophical position . It is born out of a referendum which provides the social contract reflecting the general will of the citizens.
Suffice it to say, since a Republican Constitution is an embodiment of the sovereign will of citizens it must serve as an instrument of protection of the rights, values and culture of all individuals and groups in society in so far they contribute to the unity of the country.
It goes without saying that after the coup d’état of 1994 an effort was made to engage the population in a limited way in a Constitutional building process which gave birth to the 1997 Constitution. I took part in explaining the content of the constitution to the Gambians and I was then accused of propagating a soldier’s constitution even though I was just rendering a National service without any gain.
Interestingly enough, the coalition relied on this constitution to remove Jammeh from power.
In the same vein, three years have elapsed after the change of government but the same constitution exists. In fact National Assembly members are relying on it to build the most robust assembly that the country ever had .
HOW TO GET THE CONSTITUTION THAT MUSLIMS AND CHRISTIANS WANT WITHOUT CONFLICT
COMMENTARY 2 https://foroyaa.gm/how-to-get-the-constitution-that-muslims-and-christians-want-without-conflict/
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11644 Posts |
Posted - 06 Mar 2020 : 09:58:32
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How To Get The Constitution That Muslims And Christians Want Without Conflict
Foroyaa: March 4, 2020
Commentary Part 2
https://foroyaa.gm/how-to-get-the-constitution-that-muslims-and-christians-want-without-conflict/
Should Muslims and Christians be in different camps in drafting the Constitution of the Third Republic?
The answer is in the negative. Every Muslim or Christian is first born a citizen of the Gambia and then brought up a Muslim or Christian. We have said it ad infinitum that Gambians must know themselves, their country and the world in order to be the architects of their own destiny and be no one’s slave on the face of the earth. The Demagogue has read all these catch phrases that have given dignity and maturity to so many Gambians over the years but would now want to throw dust in the eyes of the youth so that they would surrender their brains to his divisive and corrosive campaign of promoting discord among citizens of the Gambia and vilifying those promoting understanding and unity. Despicable to say the least!!! He will pay a heavy price for his deceit.
It is important to start by emphasizing that every Gambian child, regardless of birth or origin, has a right to a Gambian identity from birth and a right to survival, protection and development in his or her homeland without suffering any alienation and discrimination of any sort. It is this dignity and self-worth of each person that should be guaranteed from birth to death by the state and its citizens .That is what nurtures the sovereign citizen that each person has a right to be in a sovereign Republic.
It goes without saying that, it is the indivisible homeland of the whole Gambian people that defines the full identity of all Gambians and not the fragmentations signifying group and sub-group identities. The nation nurtures the social self that is ready to serve, live and die for country and people, regardless of the peril or the cost. This is the person within whom the sovereignty of a Republic resides. When such people meet, they should be able to discuss and agree on how they wish their affairs to be managed in their interest without antagonism. That is the mind, will and spirit that should govern the constitution building process of a sovereign Republic.
A Constitution is a National document which is adopted at a Referendum requiring a single vote from each citizen who is qualified to vote, on the basis of the principle of one person one vote and one voice. Hence each citizen should be involved in its making and should be concerned about its content.
Therefore, every good citizen should assist the other to enable each to digest the content of a draft constitution, debate on content in an enlightening, sober and respectful manner so as to agree or agree to disagree on substance without any acrimony, knowing fully well that in the final analysis, it is the vote of each citizen that would be collated to determine approval or disapproval. The opinions and sentiments expressed on podiums, pulpits, bantabas, halls or cyberspace could only have persuasive influence.
First and foremost, to avoid confusion, Gambians should know the origin of Constitutions. History teaches that we had a checkered history of Constitutional development precisely because of the misleading statements of people like our demagogue who pretend to be in the service of good when they sow nothing but the seed of confusion and discord.
To those with elementary knowledge of political Science, a Republican Constitution is a byproduct of the aspiration of a people to govern themselves without any subservience, obedience or adherence to the dictate of any foreign power or state.
In this regard a brief history is needed to enrich the debate that is forced on me by a demagogue posing as an erudite intellectual pretending to be couth in the craft of the pen. His unholy alliance against national unity, clarity, decency and commonsense will torn asunder and the verdict of truth will prevail.
The question now arises: How did Gambia evolve to have the constitution it has today? Why are we engaged in crafting the Constitution of a Third Republic? Why should Gambians refuse to accept to be imitators instead of innovators in crafting their own constitution?
What is the role of the individuals and the groups in Constitution building?
Why should faith-based groups like Muslims and Christians work together to define and defend their group rights in harmony without any conflict of interest in crafting the clauses of a Republican Constitution?
These are the questions I wish to give irrefutable answers to in part three before drawing my conclusion in part four. To be Continued
Commentary Part 3 https://foroyaa.gm/the-road-to-constitutionality-in-the-gambia/
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11644 Posts |
Posted - 06 Mar 2020 : 10:00:12
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The Road To Constitutionality In The Gambia
Foroyaa: March 5, 2020
Commentary Part 3
https://foroyaa.gm/the-road-to-constitutionality-in-the-gambia/
The Gambia moved into a Colonial Constitutional set up when the French Republic and British Crown came to an agreement on 10th August 1889 to demarcate the border with Senegal. Ordinances followed which provided the rudiments of a Colonial Constitutional architecture. The first Ordinance which was crafted on 27th December 1894 was “The Gambia Protectorate Ordinance, 1894” to ensure indirect rule over the rural areas.
Gambians were transformed into subjects without a homeland irrespective of ethnolinguistic origin, religion, gender or any characteristics.
The 1894 Ordinance was further consolidated by The Gambia Protectorate Ordinance 1902. The Colonial administration continued to build the colonial structures until 1920 when resistance began. Demand for Elected representation was resisted.
In 1924 the Secretary of state for colonies Mr. JH Thomas expressed how they saw the Gambians when confronted with the demand of leaders like Edward Francis Small for elected representation. He wrote “while I sympathise with their desire for elective institutions , I do not consider that education and political thought in the colony and still less in the protectorate (which could not be well separated from the colony in any constitutional arrangement which might be made ) have yet reached a level which would render elective institutions valuable.”
Simply put, the colonialists were opposed to any constitutional change which enhanced the attainment of the right to self-determination and Independence of the Gambian people.
They created a Constitution which established advisory bodies like the Executive and Legislative Councils and appointed prominent residents in the City to assist them.
The resistance to colonial domination led to calls for Gambians to elect representatives in the legislative council rather than allow them to be appointed by the Governor. By 1947 the colonialist surrendered to popular demand by introducing a Constitutional order in council to allow one seat to be filled through the elective principle.
My book, “The Road to Self-determination and Independence” which will be reprinted has explained the increase in representation in the legislative councils. For our purpose it is important to point out that by 8th November 1954, the Constitutional Order-in-Council provided for 14 Elected members of the legislative Council.
The Independence of Ghana in 1957 gave impetus to the demand for self-determination leading to Constitutional conferences in Gambia and the demand for universal suffrage to enable all the people, with the appropriate age, to vote in 1960.
The Constitutional Order-in-Council 1960 gave birth to universal suffrage and a House of Representatives with 27 seats.
The Constitutional Order-in-Council, 1962 provided for an Executive Council Presided over by the Governor with a Premier, 8 Ministers and an Attorney General. The House of Representatives had a Speaker elected by the House, 7 elected members representing the colony, 25 elected representatives from the protectorate, an Attorney general, 2 nominated members, and 4 Chief representatives elected by an Assembly of Chiefs.
On the 4th of October 1963, Gambia attained Internal Self-government and on the 18thFebruary 1965 Independence was declared. A referendum was held on 27th November 1965 to determine whether Gambia would become a Republic or not. It failed as those who did not vote or voted against the referendum Bill were in the majority. Since the people were not sensitized to know that they were voting to chart a way forward for The Gambia to become a Republic which is a state where sovereignty resides in the people and where authority to lead must be derived from the will of the people, the vote for a Republic was lost as a result of ignorance. Demagogues of yesterday like those of today focused on non-issues on both sides of the political spectrum rather than uniting on a national issue and speak with one voice to educate our people on how to take charge of our destiny. I will prove with incontestable facts that the demagogue is among the biggest misleader of the youth of this country and the biggest threat to national tranquility and unity which are virtues that should be cherished and safeguarded by every patriot, despite their affiliations.
Most Gambians did not know the Content of the 1965 Constitution until we published the provisions. I am glad that based on these revelations many Gambians have been telling Gambians that the country did not become Independent in 1965. They should add that we only attained the right Internal and external self -government without attaining the right to Sovereignty. Independence is inconceivable without the right to national sovereignty.
In concluding the historical account, it is relevant to state that The Gambia became a sovereign Republic after the Referendum Bill got two thirds majority support, on 24th April 1970.
Since a Constitution is not a sacred document, the 1970 Constitution was overthrown in 1994. A referendum was held in August 1996. After receiving a two thirds majority vote, the Constitution of the second republic came into force on 17th January 1997. On the 2nd December 2016, Change came through the Ballot box. On 11th January 2018, the Constitutional Review Commission Act came into force. A constitutional review Commission is established to consult Gambians on the content of the Constitution of a Third Republic if need is seen to overhaul the Constitution of the Second Republic.
Now before answering why we are engaged in crafting the provisions of the Constitution of a Third Republic, let me ask basic questions to expose the barrenness of the conceptions of the demagogue on constitutional matters.
First and Foremost, I will quote a text from the various constitutions and pose the question for him to answer.
Section 62 of the 1965 Constitution states: “The Executive authority of the Gambia is vested in her Majesty “
Section 29 of the 1965 Constitution states: “There shall be a Governor General who shall be appointed by Her Majesty and shall hold office during her majesty’s pleasure and who shall be her majesty’s representative in the Gambia”
Section 32 adds: ‘’There shall be a Parliament which shall consist of Her Majesty and the House of Representatives.”
Mr Demagogue, is the 1965 Constitution a sacred text? Is its content derived from a sacred book like The Al Quran or The Bible? Is it a Constitution of a given philosophical dispensation? How did philosophy or religion influence the crafting of the text of the 1965 Constitution?
The fact of the matter is that Gambians were not even involved in the drafting of the 1965 Constitution yet it governed the affairs of the Country until it was replaced by the 1970 Constitution. Since the content of the 1965 Constitution has no affinity to a sacred document or philosophical dispensation, I would pause to ask the demagogue to classify the Constitution for us based on his knowledge base of classifying constitutions. It is common sense that what is not sacred is mundane and what relies on the will of people rather than the will of God is mundane and temporal. What could be amended cannot be sacred but mundane. These facts are incontrovertible and I will come back to them to prove that the demagogue knows very little about constitution building and cannot guide anyone on this matter.
Allow me to go to the text of the 1970 Constitution to expose the bankruptcy of the propaganda of the demagogue and prove to him that it is he who lacks scientific knowledge of the Characteristics of Constitutions and is trying to import his religious values to explain a mundane document derived from popular will, which could be amended by National Assembly members, who are certainly not God’s representatives on the earth in the type of Republic that exists in the Gambia but are people who should serve the National interest and should be held accountable by the electorate who could boot them out as they please.
They are certainly not put into office as imams and priests and do not hold their positions for life. What type of state is our state? What type of Constitution is our Constitution? The answer will become as clear as noon day.
Commentary Part 1 https://foroyaa.gm/in-pursuit-of-the-mission-of-promoting-national-unity/
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The Mission Of Promoting National Unity
