When will the Government Amend the Public Order Act to Bring it in Line with Human Rights Standards?

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When will the Government Amend the Public Order Act to Bring it in Line with Human Rights Standards?
When will the Government Amend the Public Order Act to Bring it in Line with Human Rights Standards?

Africa-Press – Gambia. The victims of the demolition exercise by the Lands office in Sukuta Salagi have a constitutional right to protest which the IGP is bound to respect and protect. To claim ‘security reasons’ without indicating the specific security reasons is not a justification to deny protest. The IGP must realise that he cannot deny, take away or seize rights permanently. Doing so is a constitutional violation.

Rights are never denied permanently. Rather rights can only be limited in scope, time, exercise or otherwise – temporarily. Therefore, the IGP cannot say no to a request for protest without providing alternatives for the enjoyment of the right at another time, place or form.

The continuous denial of protest is as a result of the continued presence of the obnoxious Public Order Act. Needless to say, this law is a colonial and an autocratic law intended to suppress dissent, freedom and accountability. It should have been changed a long time ago.

President Adama Barrow specifically mentioned it in his 2016 manifesto that within 6 months of taking office that he would repeal the law. In fact, he said he would repeal all laws that contravene best practices in upholding human rights.

This is how he expressed it in his 2016 manifesto:

“The provisions of Chapter Four of the Constitution protect our fundamental rights and freedoms, but certain laws some of which were enacted since the colonial period contravene the best practice in safeguarding these rights. It is as if the Constitution is giving rights to its citizens and other laws are ousting those rights.”

For that matter, Mr Barrow went further to list those provisions or laws for review or repeal. These included Official Secrets Act, the Criminal Code and the Public Order Act, noting that, “The Coalition Government endeavours to propagate legislation to revoke all provisions of a law criminalising speech including libel, sedition, false news and false publication within six months of assuming political office.”

On the Public Order Act specifically, this is how he described it in his manifesto,

“The Public Order Act gives too much power to the Inspector General of Police and does fetter freedom of association and assembly. The Coalition government will repeal any provision in the Public Order Act which is not reasonable and justifiable in a democratic society such as those which hinder peaceful procession to highlight public grievances which are the main tool for exercising civil society oversight over the governance process.”

It is 9 years today and still now the Public Order Act remains in force, unchanged and actively and fully utilised by his Government through the IGP to violate the Constitution and deny rights. What happened?

This raises the question about the commitment of President Barrow to democracy, human rights and good governance?

The people of Sukuta Salagi have a right to protest and the IGP has no powers to deny that right.

I urge the victims of Sukuta Salagi to assemble at a place of their choosing to express their grievances with speeches, placards and songs without using loudspeakers or procession in line with the Public Order Act.

For The Gambia, Our Homeland.

Madi Jobarteh
Kembujeh
Is there such a thing as democratic authoritarianism: Trump 2.0

Dear Editor,

The re-election of Donald Trump as president of the USA has revealed some extremely troubling facts about the American electorate:

1. That two impeachments related to abuse of office corruption and inciting an insurrection a conviction for sexual assault in civil suit and conviction on 34 counts of business fraud did not disqualify Trump from ever holding public office.

2. That money and celebrity are more important in choosing a president than knowledge competence and experience.

3. That a misogynist racist bigot can be elected president with the support of fundamentalist Christians and right-wing neo-Nazis.

4. That a bully who likes dictators, hates intellectuals, does not read books, has a childlike temperament, holds grudges and has a penchant for insulting his opponents and mocking people with disabilities can become president of the most powerful country on earth.

This may be a glib oversimplification of the reasons Trump was elected president by the Americans what is clear is that he was the first nominee of the Republican party to be totally unqualified for the US presidency and still managed to come out on top of the pile of very well-regarded republicans.

On the world stage President Trump has been an unmitigated disaster abusing and alienating everyone European allies, NATO partners and enemies alike. The whole world is asking how it come to be that a nation once successfully led by Generals and brilliant politicians is now led by an old man with a fluorescent personality and serious insecurities. What does the election of Trump tell the world about the Americans who voted for him and continue to support his policies?

If such a picture is painted on any canvass the instinctive reaction of most ordinary people would think that he is probably a ruler in one of the banana republics of Africa, Latin America or Asia not in a million years would anyone have thought he is the current president of the USA.

Source: The Standard Newspaper | Gambia

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