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Momodou
Denmark
11634 Posts |
 Posted - 13 Feb 2022 : 13:20:02
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SHOULD A RIGHT BE DENIED AND REPLACED WITH A PRIVILEGE?: A BILL TO EXPAND THE COMPOSITION OF THE NATIONAL ASSEMBLY BY RESERVING 14 SEATS FOR WOMEN AND TWO FOR PEOPLE WITH DISABILITIES
A HISTORICAL PERSPECTIVE
By Dembo Fatty
The African needs to do a thorough investigation into how colonialism has terribly affected the social fabric of his people in order to understand gender dynamics of the twenty second century.
In the days of our forebears, women and men lived lives of respect and in fact, women had in many cultures been heads of households even up to today. The Manjago, in my opinion are the most liberal in our region. If a Manjago wife says no to you, don’t even bother to talk to her husband, because it will be a big NOOOOOOO and I experienced it in the woods of Kachumeh village (Kombo South) on several occasions. This has been for the most part across Africa before we had contact with the West who were a very masculine society. United States, with all its talk of democracy and rights, only accorded voting rights to women in 1920 called The 19th Amendment to the Constitution after 144 years since they became independent. The story is basically the same in Europe as well and women to a large extent only became part of the workforce of the West as a result of war. With many men away to fight, Women had to take up their roles in the factories to keep the industrial war complex grinding and by the end of the war, they had already secured for themselves the right to work but up to today, they are fighting the glass ceiling. Their fight for equal pay, conditions of employment are still raging in the West.
For a moment, take a look at the following Queens who ruled here for centuries. They were not Parliamentarians but Executive. Not sure if the West can come up with a list a quarter this number.
NUMI FEMALE RULERS FROM JUST JAMMEH KUNDA
1. Mama Adama Jammeh, 2. Wami Jammeh, 3. Furu Jammeh, 4. Karunku Jammeh, 5. Kajenke Jammeh, 6. Kaboli Jammeh, 7. Kaboliate Jammeh, 8. Nyang Tiranjang Jammeh, 9. Kalamokoye Jammeh, 10. Yayando Jammeh, 11. Bakijuwana Jammeh, 12. Musa
Mama Nkemere Jammeh
Compare with Jarra Women rulers from the Badumeh Royal clan.
JARRA BADUME FEMALE RULERS
1. Jila Musa Sonko 25 years, 2. Siri Jabiti Sonko, 3. Makare Kumba Sonko 77 years, 4. Manku Sonko 11 years, 5. Yoli Jifa Sonko 6 years, 6. Jibani Simang Sonko 6 years, 7. Fatum Barrow Sonko 11 years, 8. Jabu Biran Sonko 2 years, 9. Hajaki Sonko 4 years, 9. Meta Koli Sonko 15 years, 10. Teneng Sonko 9 years, 11. Balaba Sonko 9 years, 12. Jang Sonko 3 years, 13. Naji Koli Sonko 15 years, 14. Kasiya Balaba Sonko 15 years, 15. Mama Sakalifa Sonko 11 years.
This list is not exhaustive and is only for illustration purposes to buttress a point. Across our precolonial states, Women took on leadership roles from Kombo to the fringes of our eastern border. The history of Kombo cannot be complete without Wulending Jassey. This is history they don’t want us to know about ourselves purposely to make us feel guilty and willing accomplices in their guilt
What is clearly evident in this western crusade in my opinion is that they are trying to INTERNATIONALIZE THEIR GUILT and using the same paint brush of their ill treatment of their women and make us believe that we too are just as culpable.
Don’t get me wrong. I AM IN NO WAY DEMEANING THE TRAGIC POSITION OUR WOMEN FIND THEMSELVES or trying to trivialize the crusade. I am merely trying to lay bare the historical perspective and apportioning the blame where it should. Colonialism destroyed women and I am here scratching my head trying to come up a list of just three women that rose to positions of prominence in the Gambia or even West Africa or Africa as a whole. The tragedy of the modern African woman is intrinsically linked to the tragedy of colonialism and for a start, our women should demand an apology from the colonialists for the tragedy that befell them during the colonial era. That acceptance would be a very good start. As an African man, I don’t want to be responsible for the crimes against our women by the colonialist and have it shoved our necks. We say no to collective guilt.
A BILL TO EXPAND THE COMPOSITION OF THE NATIONAL ASSEMBLY BY RESERVING 14 SEATS FOR WOMEN AND TWO FOR PEOPLE WITH DISABILITIES
In the not too distant past, probably under a week ago, a Bill was presented to the National Assembly to alter the composition of the House by allocating 14 seats to women and 2 to people with disabilities which was read for the first time and hopefully next week it is scheduled to be read a second time. Unless my understanding of the English language is rusty, when one alters the composition as in this case, I want to believe that the Bill is not seeking to enlarge the number of seats but merely using the existing number but altering the gender of the number. If I my understanding is correct, then what the Bill seeks is for a Constitutional Amendment that the National Assembly should, at a bare minimum, ELECTED representatives of which 14 are WOMEN and 2 are people with disabilities.
I deliberately typed the word “elected” in capital letters because this is where the challenge lies. How do you guarantee 14 seats to women and 2 to people with disabilities in A MULTI-PARTY DEMOCRACRY? It is a very noble attempt to increase women participation in governance but it is an uphill battle in implementing it I am convinced that it will be dead on arrival and may not pass beyond second reading.
The most plausible way to achieve this is for the Bill to designate 14 constituencies as Women only constituencies in which only women candidates can run for office. Similarly, it should also designate 2 constituencies in which only people with disabilities can run for office. As a policy enthusiast, I hope the Bill will give us a clear definition of a Woman because we can have men who identify themselves as women and the Bill must recognize this phenomenon as a reality of our times and not just give us a very narrow and conservative definition of who a woman is. Secondly, the Bill must provide a very clear definition of “people with disabilities”. Which disabilities are being recognized? Physical? Mental? Visual? Auditory? And the list goes on.... Don’t leave it to the IEC to interpret.
In designating 16 constituencies out of the 57, WHO DECIDES which constituencies will be women and people with disabilities ONLY? What powers do these people have to decide that and what is the source of their power in the Constitution? The right to run for office as a citizen is a fundamental right of every citizen and less we forget, a citizen can be both a man and a woman.
Isn’t this Bill already very discriminatory, which undermines the vey Constitution that protects individual rights of citizens? For purposes of illustration, let’s assume that Sami District where I hail from is designated a Woman only constituency whilst Kombo South is a free for all where men and women can run for office. Assuming we are all citizens, why is a man in Sami being asked to sacrifice and not seek office while another man in Kombo South can seek office? Is the man in Sami less of a citizen than the man in Kombo South? Where is the fairness in this Bill? You cannot take away a right to give a right. If the only power you have is the power you seized, then that power is not legit. Representation is voluntary and a matter of choice. To force candidates on people is very undemocratic.
We have to be careful how we approach this issue to avoid creating second class citizens. The law has to protect all of us. May be the Bill should seek to have all seats in the House to be Women. That I will accept because it disqualifies all the men irrespective of which constituency one lives. That would be fair as far as the men in different constituencies are concerned. It however becomes discriminatory in so far as all men cannot run for Parliament because only women can run for office.
What do we achieve by reserving seats? Does it lead to efficiency or is this just a public relations stunt so we can parade photos that we are gender sensitive? Increasing numbers does not mean quality.
There are just too many examples to list here. The purpose of Nominated members was to give access to under- represented sections of society but from when the scheme started, it was abused. In one instance, three brothers of the same parents all made it to the Assembly in succession as if no other interest groups exist and in 100% of the cases, Nominated members are people selected from among party sympathizers of the ruling party. Let’s have CSOs, Trade Unions etc. that will serve as checks. Then again, because a nominated member cannot vote, they are very limited in influencing policy.
Given the power, the National Assembly seats will be reduced to just 20: Banjul (1), KSMD (2), Kombo (3), Foni (1), Kiang (1), Jarra (1), Niamina (1), Fulladu (1), Jimara (1), Kantora (1), Wuli (1), Sandu (1), Upper Niani (1), Lower Niani (1), Saloum (1), Baddibu (1) and Nuimi (1) and only 2 Governors instead of the current 5; one for each side of the River Gambia. With a National Assembly member for every 25 miles distance or 70 square miles of territory, we are over represented in my opinion.
In the Judgment of James L. J., in Ex parte Sidebotham 1880 14, Ch. D., at page 465, and mentioned at The West African Court of Appeal in the matter of Pierre S. Njie vs The Attorney General of the Gambia, an Person Aggrieved is:
“A “person aggrieved” must be a man who has suffered a legal grievance, a man against whom a decision has been pronounced which has wrongfully deprived him of something, or wrongfully refused him of something or wrongfully affected his title to something”.
Mr. Gratiaen’s position was that the Attorney General of the Gambia was not a party to the case against Pierre S. Njie and so the Attorney General cannot file an appeal against Mr. Njie. This premise of law is what I believe made its way into our electoral laws that an aggrieved person is someone who is a party to a case against whom a decision was passed. For example a decision against NRP by the IEC can only be petitioned by NRP and no one else which is flawed in my opinion. Why then do we have Citizens Arrest?
However, this definition by James L. J should not be regarded as exhaustive because Lord ESHER, M. R. in Ex Parte Official Receiver: In re Reed Bowen & Co (1887), 19 Q.B.D. at page 178 pointed out that the words “person aggrieved” are of wide import and should not be subjected to a restrictive interpretation. They do not include, of course, a mere busybody who is interfering in things which do not concern him: but they do include a person who has a genuine grievance because an order has been made which prejudicially affects his interest.” By this definition, Pierre Njie lost his case because the Attorney General of the Gambia had interest in the case. There will be many persons aggrieved by “interest” definition if this Bill were to progress.
I can only wish the sponsor good luck.
#SUNDAYRANT
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A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12306 Posts |
Posted - 13 Feb 2022 : 13:36:34
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"A BILL TO EXPAND THE COMPOSITION OF THE NATIONAL ASSEMBLY BY RESERVING 14 SEATS FOR WOMEN AND TWO FOR PEOPLE WITH DISABILITIES"
Hmmmmmmm,interesting,going some way but not making the NEW GAMBIA fully inclusive, 14 seats for women and 2 for disabled ,how about 13 seats for women and 1 disabled woman and 1 disabled man ? 
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 13 Feb 2022 13:37:22 |
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SHOULD A RIGHT BE DENIED AND REPLACED WITH .......
