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 R2K letter to chairman of IEC
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Momodou



Denmark
11521 Posts

Posted - 30 Oct 2021 :  16:29:37  Show Profile Send Momodou a Private Message  Reply with Quote
Mr. Alieu Momar Njie
Chairperson, Independent Electoral Commission
Election House,
KSMD, The Gambia
29 September 2021

Dear Commissioner Njie:

The IEC must ensure that the laws and regulations guiding the existence of political parties is respected

We wish to bring to your attention the issue of the political parties that have not fully met the criteria to continue to exist, being allowed to engage in political activities, which include taking part in the nomination process, by fielding candidates for the presidential elections. We are very concerned by the posture taken by the IEC who seemingly appear to turn a blind eye on the blatant violations of the Election Amendment act by certain political parties, particularly Section 105 of the Act.

This section requires political parties to, amongst other things, hold a biennial congress (with the aim of electing a leadership structure, most notably, Executive Committee members). It also calls for political parties to establish offices in the seven administrative regions of The Gambia, as well as produce a manifesto and the submission of audited accounting records.

We are aware that at least three political parties are not in full compliance with these requirements, namely: Gambia Alliance for National Unity, which never held a congress, does not have an elected Executive Committee membership, nor has it established offices in all the administrative areas of the country, nor a manifesto; National Peoples’ Party- NPP, which never held a congress, and does not have an elected Executive Committee; Alliance for Patriotic Reorientation and Construction (APRC), which only has an interim Executive Committee, but has not presented a manifesto. They are also now splintered into two camps, with each group claiming legitimacy. These are parties that are presenting Sheikh Tijan Hydara, and Adama Barrow respectively, as their flag bearers. Their eligibility to exist as political parties is now put into question, which affects the candidature of the individuals they are proposing.

We would also wish to remind the IEC that in 2016, it disqualified The National Democratic Action Movement (NDAM) and the Gambia Democratic Party (GDP), for the same infractions. As recently as January 2019, it also triggered Section b 127 of the Elections Act and issued a six-month suspension on the National Congress Party (NCP), for failing to hold a ‘unified congress’. The question now arises as to why would the IEC not also show consistency and apply the rules and regulations on other parties that have also flouted the Amendment Act? Failure to do so will grossly undermine the credibility of the institution of the Elections Regulator, and further instil the lingering doubts in the minds of the public, and the electorate on the credibility of the December presidential polls. The country can ill afford such a mishap.

We are also bringing to your attention the fact that there are at least three independent candidates that have not met the residency rule, which effectively states that: ‘a candidate should be ordinarily resident in The Gambia for five years immediately preceding the election’. It is doubtful that Mr. Tamsir Jasseh, Mr. Joseph Joof, and Mr. Papa Faal have met this criterion. Finally, we wish to implore the IEC to be vigilant in its vetting process to ascertain that all candidates satisfy the requirement of the completion of a senior secondary school education, as there is a likely hood that at least one of the candidates vying for the presidency may not have satisfied this criterion.

We request the IEC to take up its rightful role as the Elections Regulator, and rectify these anomalies, without delay, so as to ensure that the election process, and the polls in December are not only transparent, free, fair and credible, but are seen to be so by all stakeholders.

Sincerely,
R2K Coalition - Gambia

##############end#############

Institutions and Diplomatic Missions to which this Open letter is copied:

African Commission for Human and Peoples’ Rights- Commissioner Jasmina Essie King
British High Commissioner to The Gambia- H.E. David Belgrove
ECOWAS Commission- H.E. Jean-Claude Brou
EU Delegation to The Gambia- H.E Corrado Pampaloni
IMF Resident Representative for The Gambia- Mamadou Dioulde Barry
International Republican Institute -Robino Namusisi
US Ambassador the United States of America to the Republic of The Gambia- H.E. Richard Paschal
United Nations Development Program Isata De

Who:
R2K Gambia is a non-partisan entity that focuses on democracy and the rule of law, good governance, human rights and the principles of access to information. Our group is comprised of professionals with diverse backgrounds ranging from geology, demographics, economics, international relations and law, communications, and academia. All group members are human rights activists, and are located in US, UK, West and Southern Africa.

A clear conscience fears no accusation - proverb from Sierra Leone

toubab1020



12242 Posts

Posted - 30 Oct 2021 :  23:08:49  Show Profile Send toubab1020 a Private Message  Reply with Quote
SNIPPET from the above post:

"We request the IEC to take up its rightful role as the Elections Regulator, and rectify these anomalies, without delay, so as to ensure that the election process, and the polls in December are not only transparent, free, fair and credible, but are seen to be so by all stakeholders."

++++++++++++++++
Hmmmmm.......

Surely No one can argue with that can they ? Let us just wait and see IF any response is forthcoming


"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Edited by - toubab1020 on 30 Oct 2021 23:11:53
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Momodou



Denmark
11521 Posts

Posted - 01 Nov 2021 :  18:09:26  Show Profile Send Momodou a Private Message  Reply with Quote
The False and Uncultured Press Release from NPP
By Madi Jobarteh

The despicable press statement from the NPP and signed by one Seedy SK Njie as the Deputy Spokesman in response to the statement by the R2K is not only rude and violent but it is also unfit to have come from a party that is led by the President of the Republic of the Gambia.

This shameless press release only serves to further soil the reputation and dirty the dignity of the highest office of the land! R2K is a civil society organisation that has a right and a duty to hold political parties and other entities accountable. Hence it is within their rights to submit to the IEC any issues and concerns they have with the aim of ensuring that the rule of law is adhered to by all stakeholders.

A responsible party which is adversely mentioned by the R2K is expected to provide corrections to any misinformation they consider to be propelled against them, in peace and respect. Hence NPP has a right to respond to R2K or any entity that has criticised their party. The NPP press release is however laden with uncouth and violent language that violates the Code of Campaign Ethics of the Elections Act and the MOU of the Inter-Party Committee (IPC) to which NPP belongs. I hope the IEC and IPC will address NPP to impress on them not to use of rude, uncivil and violent language in their public statements.

This unprovoked and disgraceful NPP statement is a well calculated attempt intended to not only intimidate the R2K group but also actually threaten anyone who seeks to hold the NPP accountable. R2K is a CSO dedicated to promoting and protecting the right of citizens to information in order to know about the decisions, actions, processes and affairs of public bodies. Citizens have a right to know about the electoral process as a whole including the requirements of political parties and the responsibilities of the IEC to ensure fair play, transparency and accountability.

Therefore, the response from NPP is not only unnecessary, threatening and violent but is also hugely false. Seedy Njie said the NPP is not required to hold a congress yet failed to state why that is the case. Clearly Seedy Njie and NPP are trying to mislead Gambians about the legality of NPP because by law, NPP should have held a congress by now.

The 2015 amendments to the Elections Act provided that every political party should hold a congress every two years. NPP was formed in December 2019 hence by December 2021, NPP is two years old. Yet it has not held any congress since its formation. Is that not violating the Elections Act?

One would have expected that a party that is led by a sitting president would demonstrate leadership and responsibility to uphold the rule of law and democratic norms. Hence apart from fulling the requirements of electoral laws, NPP should also realise that given that presidential elections will be in December 2021, it should hold a congress well before so that it would have legitimate officers who were democratically elected to lead the party to nomination. Thus, without a congress, it means NPP will go into the election without elected officers even when it is already two years old.

It is like a 17-year old individual voter who knows that by election date he or she will be 18 years, one can register beforehand. Similarly, if a new party knows that by election time it will be 2 years old, why should it not hold a congress months before in order to fulfil its legal requirements?

NPP knew by December 2021 that it will be two years old hence common sense should have guided them to hold a congress before today. Therefore, why has NPP failed to hold a congress. Any time after December 2021 and without a congress, means NPP has violated Section 105 of the Elections Act which makes a biennial congress a requirement for registration. Therefore, by 1st January 2022, if NPP fails to hold a congress it means it is an illegal political party.

Given the above, what is therefore false about the R2K statement such that none other than Seedy SK Njie would have the temerity to insult decent citizens and organisations. And this is the tragedy of this press release that Pres. Adama Barrow would allow such a traitor like Seedy Njie to speak for him. Was it not Seedy Njie who swore in December 2016 that president-elect Adama Barrow will not be sworn in as the rightfully elected President of the Gambia? How therefore Pres. Barrow could so irresponsibly allow such persons to occupy public space once again only to continue to vomit the same filth they have been vomiting in the days of the Dictatorship.

Indeed, Seedy SK Njie is not the issue. The fault lies in Adama Barrow who has decided to mock and betray Gambians after Gambian blood and lives were lost just to see him occupy the highest public office. If Barrow was a true and honest son of this land, he would have applied the rule of law which would have rightfully and legally sent Seedy SK Njie to Mile 2 Prisons for treason.

What Seedy Njie and his fellow APRC NAMs did on 18 January 2017 by imposing a state of emergency thereby extending the term of the defeated Tinpot Dictator Yaya Jammeh for 90 days hence annulling the December 1st election reults was treason that tantamount to a coup d’état whose perpetrators should have been tried as such. Seedy SK Njie should have been languishing in Mile 2 today!

Apparently, because of greed for power, lack of conscience and his uncontrollable corruption, Pres. Adama Barrow has decided to betray Gambians and bring back these same traitors like Seedy SK Njie to the fore front to once again insult Gambians. Let Adama Barrow, NPP and Seedy SK Njie take note that the civil society and defenders of human rights, rule of law, democracy and good governance in the Gambia shall never relent and allow perpetrators and corrupt politicians from any quarter to bastardise and plunder this country ever again.

For The Gambian Our Homeland

A clear conscience fears no accusation - proverb from Sierra Leone
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