Conflict and Development Analysis the Gambia
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Gambia Parliamentary Elections, 6 April 2017
EUROPEAN UNION ELECTION OBSERVATION MISSION FINAL REPORT The GAMBIA National Assembly Elections 6 April 2017 European Union Election Observation Missions are independent from the European Union institutions.The information and views set out in this report are those of the author(s) and do not necessarily reflect the official opinion of the European Union. Neither the European Union institutions and bodies nor any person acting on their behalf may be held responsible for the use which may be made of the information contained therein. EU Election Observation Mission to The Gambia 2017 Final Report National Assembly Elections – 6 April 2017 Page 1 of 68 TABLE OF CONTENTS LIST OF ACRONYMS .................................................................................................................................. 3 I. EXECUTIVE SUMMARY ...................................................................................................................... 4 II. INTRODUCTION ................................................................................................................................ 9 III. POLITICAL BACKGROUND .................................................................................................................. 9 IV. LEGAL FRAMEWORK AND ELECTORAL SYSTEM ................................................................................. 11 A. Universal and Regional Principles and Commitments ............................................................................. 11 B. Electoral Legislation ............................................................................................................................... -
Bensouda, Fatou (The Gambia)
Fatou BENSOUDA Current contact details: Deputy Prosecutor for Prosecution Prosecutions Division, Office of the Prosecutor International Criminal Court Maanweg 174 2516 AB, Den Haag The Netherlands Statement of Qualifications Date of Birth: 31 January 1961 Place of Birth: Banjul, The Gambia Nationality: Gambian Status: Married with children Education 1990-1991: Master of Laws, International Maritime Law, UN/IMO International Maritime Law Institute. 1986-1987: Barrister-at-Law, Nigeria Law School, Lagos, Nigeria. 1983-1986: Bachelor of Laws (Honours), University of IFE (Now OAU University), Ife, Nigeria. Language knowledge Wollof, English, French: Good knowledge. Professional Experience 2002- Oct. 04: Senior Legal Adviser/Trial Attorney, ICTR, Kigali, Rwanda. 2002: General Manager, International Bank for Commerce Limited, Banjul, The Gambia. 2000-2002: Private Legal Practitioner, Ya Sadi Chambers, Bensouda and Co. Leman St. Banjul, The Gambia 1998-2000: Attorney General and Secretary of State for (Minister of) Justice of the Republic of The Gambia. 1997-1998: Solicitor General and Legal Secretary of the Republic of The Gambia. 1993-1997: Deputy Director of Public Prosecutions, Republic of The Gambia. 1992-1993: Principal State Counsel. 1990-1992: Senior State Counsel. 1988-1990: State Counsel. 1987-1988: Public Prosecutor. 1980-1982: Clerk of the Court, Judicial Department. Other Professional Training 2001: Diploma: Volunteerism, International Olympic Committee, New York, USA. 1998: Certificate: Computer and Information Technology, Management Development Institute, The Gambia. 1994: Certificate: Oxford Conference on Mutual Legal Assistance, Oxford, England. 1993: Certificate: Conference on Judicial Independence and Judicial Accountability, The Gambia. 1989: Certificate: Human Rights Training for Commonwealth Public Officials, Banjul, The Gambia. 1988: Certificate: International Law Programme, International Court of Justice, The Hague, The Netherlands. -
The United States, the International Criminal Court, and the Situation in Afghanistan
Notre Dame Law Review Reflection Volume 95 Issue 2 Article 1 12-2019 The United States, the International Criminal Court, and the Situation in Afghanistan Sara L. Ochs Elon University School of Law Follow this and additional works at: https://scholarship.law.nd.edu/ndlr_online Part of the Criminal Law Commons, International Law Commons, and the Law and Politics Commons Recommended Citation Notre Dame L. Rev. Reflection 89 (2019). This Essay is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review Reflection by an authorized editor of NDLScholarship. For more information, please contact [email protected]. THE UNITED STATES, THE INTERNATIONAL CRIMINAL COURT, AND THE SITUATION IN AFGHANISTAN Sara L. Ochs* INTRODUCTION The United States has always had a very complicated and tense relationship with the International Criminal Court (ICC) and with international criminal law generally.1 Yet, under the Trump administration, the U.S.–ICC relationship has deteriorated to an unprecedented level. Within the last few years, the U.S. government has launched a full-scale attack on the ICC—denouncing its legitimacy, authority, and achievements, blocking investigations, and loudly withdrawing all once-existing support for the court. These hostilities bubbled over following the November 2017 request by the ICC Chief Prosecutor, Fatou Bensouda, for the court to open an investigation into alleged war crimes and crimes against humanity committed in Afghanistan since 2003, including those perpetrated by the U.S. military.2 The U.S. government has always viewed the ICC as an entity designed to infringe on state sovereignty, and Prosecutor Bensouda’s request immediately invited harsh retaliation from the Trump administration. -
Ms Fatou Bensouda Prosecutor of the International Criminal Court the Hague (By Email) 23 February 2021
www.parliament.uk Ms Fatou Bensouda Prosecutor of the International Criminal Court The Hague (By email) 23 February 2021 Dear Ms Bensouda, As you may be aware, the Government introduced the Overseas Operations (Service Personnel and Veterans) Bill to the UK Parliament last year and Parliament is currently debating this Bill. The Joint Committee on Human Rights, which I chair, has considered the human rights implications of this Bill in its Report, “Legislative Scrutiny: Overseas Operations (Service Personnel and Veterans) Bill”.1 In our scrutiny of the Bill, and in subsequent debates on the Bill in both Houses of Parliament, mention has been made of the role of the International Criminal Court and whether the Bill would increase the risk of the Office of the Prosecutor needing to consider cases relating the UK Armed Forces personnel. Following the Prosecutor’s determination on the preliminary examination of the situation in Iraq/UK issued by your office on 9 December 2020, we would welcome any observations you may have on the possible relationship between the Bill and the ICC’s jurisdiction. A reply by 5 March 2021 would be most welcome. Yours sincerely Rt Hon Harriet Harman QC MP Chair of the Joint Committee on Human Rights Copied to: OTP Information Desk Rod Rastan 1 https://committees.parliament.uk/publications/3191/documents/39059/default/ Rt Hon Harriet Harman QC MP Chair of the Joint Committee on Human Rights Committee Office House of Commons London SW1A 0AA Ref.: OTP2021/003488 Date: 5 March 2021 Dear Ms Harman, I write further to your letter of 23 February 2021, concerning the current consideration by the Joint Committee on Human Rights of the human rights implications of the Overseas Operations (Service Personnel and Veterans) Bill currently before Parliament. -
The Gambia’S Notorious Prison System, Has Proven Deadlier Than the Previous Laws
The more recent Publication of False Information Act, which mandates heavy fines or imprisonment in The Gambia’s notorious prison system, has proven deadlier than the previous laws. THE GAMBIA 152 MEDIA SUSTAINABILITY INDEX 2010 INTRODUCTION OVERALL SCORE: 1.66 THE GAMBIA THE Repressive media laws continue to hamper the independent press in The Gambia—in sharp contrast to the country’s constitution, which grants all citizens the freedom of expression and supports press freedom. The Alliance for Patriotic Reorientation and Construction (APRC), the ruling party since a bloodless coup in R1994, eroded and flouted the existing principles of democracy and human rights. APRC wasted little time introducing legislation, such as Newspaper Decree 70 and 71, aimed at gagging the media. The more recent Publication of False Information Act, which mandates heavy fines or imprisonment in The Gambia’s notorious prison system, has proven deadlier than the previous laws. Those who petition the president, seeking redress when their rights are violated, must prove their allegations in court—and if they fail to prove their cases, they face jail time. A human rights advocate was jailed recently under this law. Libel is punishable with civil penalties as well as criminal penalties, and the accused bear the burden of proof. The libel law and the laws on sedition and false publication all carry the same minimum custodial penalty of one year in prison and/or heavy fines. In 2009, several journalists were fined or imprisoned under these three laws. Although no one faced charges of libel, sedition, or false publication in 2010, the psychological impact of threatening remarks from the president’s office has driven editors to self-censorship, and dampens free speech among citizens. -
Review of the State of Implementation of Praia Orientations (On Land Tenure) in the Gambia
1 THE REPUBLIC OF THE GAMBIA REVIEW OF THE STATE OF IMPLEMENTATION OF PRAIA ORIENTATIONS (ON LAND TENURE) IN THE GAMBIA 2 REVIEW OF THE STATE OF IMPLEMENTATION OF PRAIA ORIENTATIONS (ON LAND TENURE) IN THE GAMBIA TABLE OF CONTENTS 1. INTRODUCTION............................................................................................................. 3 1.1. Background ................................................................................................................. 3 1.1.1. Context and Justification ..................................................................................... 3 1.1.2. OBJECTIVES ................................................................................................... 4 1.1.3. METHODOLOGY........................................................................................... 4 1.1.4 Terms of Reference for the Study ........................................................................ 5 1.2 Country Profile............................................................................................................ 6 1.2.1 Physical Characteristics........................................................................................ 6 1.2.2 Political Characteristics........................................................................................ 6 1.2.3 Social Characteristics............................................................................................ 6 2 MAIN LAND USE SYSTEMS .......................................................................................... -
Editions 13&14
TRUTH, RECONCILIATION & REPARATIONS COMMISSION (TRRC) DIGEST ©Helen Jones-Florio Photo: Newspaper The Point ANEKED & © 2020 EDITIONS 13&14 Presented by: 1| The Truth, Reconciliation and Reparations Commission (TRRC) is mandated to investigate and establish an impartial historical record of the nature, causes and extent of violations and abuses of human rights committed during the period of July 1994 to January 2017 and to consider the granting of reparations to victims and for connected matters. It started public hearings on 7th January 2019 and will proceed in chronological order, examining the most serious human rights violations that occurred from 1994 to 2017 during the rule of former President Yahya Jammeh. While the testimonies are widely reported in the press and commented on social media, triggering vivid discussions and questions regarding the current transitional process in the country, a summary of each thematic focus/event and its findings is missing. The TRRC Digests seek to widen the circle of stakeholders in the transitional justice process in The Gambia by providing Gambians and interested international actors, with a constructive recount of each session, presenting the witnesses and listing the names of the persons mentioned in relation to human rights violations and – as the case may be – their current position within State, regional or international institutions. Furthermore, the Digests endeavour to highlight trends and patterns of human rights violations and abuses that occurred and as recounted during the TRRC hearings. In doing so, the TRRC Digests provide a necessary record of information and evidence uncovered – and may serve as “checks and balances” at the end of the TRRC’s work. -
Arts, Propaganda and Politics in Contemporary Africa
Wageningen University - Department of Social Sciences MSc. Thesis Chair Group: Rural and Environmental History (RHI) Arts, Propaganda and Politics in Contemporary Africa: The role of Music and Musicians in Entrenching Dictatorship in The Gambia during the Jammeh’s Regime (1994-2016) October, 2020 Abdoulie Sawo 911020728020 MSc. International Development Studies Specialization: Politics and Governance of Development Supervisor: Prof. Dr. EHP Frankema Second reader: Dr. Michiel de Haas Thesis code: RHI-80436 Abstract The art of music permeates many aspects of human societies including the politics and governance arena. One of the most important aspects of music in politics is that it serves as a popular means to express societal issues and communicate political messages. Musicians use the art to produce political songs praising or opposing political authorities or political climate. A number of political songs involve propaganda geared toward propagating and entrenching political rulers thus placing music and musicians at the core of politics and governance systems of our societies. The influence of music makes numerous African politicians including dictators use the domain for their political objectives. This thesis explores how musicians help in building and entrenching dictators by using the regime of Yahya Jammeh in The Gambia (1994 to 2016) as a case. This research relies on related scholarly works and in-depth semi-structured interviews with eleven respondents (six influential musicians, two DJs (TV/radio presenters) and three top (former) government officials) as primary sources of data. Five political hit songs were also selected and analyzed to understand the discourses they propagated. The interview results and propaganda song lyrics praising Jammeh are analyzed using Maarten Hajer‟s (2006) discourse analysis. -
Justice on Trial
Vol 6. No 4. 2019 JUSTICE ON TRIAL Courts and Commissions in West Africa Sampala Balima Sampala Balima is a lecturer at the Ouaga II University of Ouagadougou and an associate researcher at 'Les Afriques dans le Monde' at Sciences Po Bordeaux. Chidi Anselm Odinkalu Chidi Anselm Odinkalu works with the Open Society Foundations (OSF). He writes in his personal capacity. Sait Matty Jaw Sait Matty Jaw is a lecturer at the University of The Gambia, and the executive director of the Center for Research and Policy Development - The Gambia. Tarila Marclint Ebiede Tarila Marclint Ebiede holds a PhD in Social Sciences from KU Leuven, Belgium. Tarila's research on political violence, peace building, democracy and Human rights in Nigeria seeks to promote open and peaceful socio-political relations that benefits ordinary people in society. Justice on trial POST-COUP JUSTICE: Strengthening Burkina Faso's transition to democracy? NIGERIA'S JUDICIARY: On trial THE COMPLICATED QUEST FOR Truth, Reconciliation and Justice in The Gambia JUSTICE BEYOND BORDERS? Human rights and the ECOWAS Court of Justice Justice on trial This Issue: Justice on trial: Courts and commissions in West Africa his edition of West Africa In e Gambia, Sait Matty Jaw, looks Insight looks at the ways in at the ongoing work of the Truth, Twhich justice is being sought, Reconciliation and Reparations and delivered, in Nigeria, Burkina Faso Commission and argues that the and e Gambia. political environment is one factor making it very difficult to achieve the In Burkina Faso, Sampala Balima dual objectives of reconciliation and reects on the September verdict justice. -
Gambia, a Complicated but Hopeful Road to Democracy Visit Web Receive Newsletter
Opinion Paper 07/2018 18 January 2018 Pilar Requena del Río* Gambia, a complicated but hopeful road to democracy Visit Web Receive Newsletter Gambia, a complicated but hopeful road to democracy Abstract: A year ago, a peaceful change from dictatorship to democracy took place in a small African state, The Gambia. It was probably one of the most forgotten countries although it was suffering since 22 years under the fierce and terrible dictatorship of Yahya Jammeh. Since January 19th 2017 Adama Barrow, elected December 1st 2016, is the president. The dictator initially accepted defeat but then refused to relinquish power until the Economic Community of West African States, ECOWAS, threatened to intervene militarily. Since then, the country faces a new stage of development, freedom, equality, justice and reconciliation amidst major challenges and a still fragile security situation. Keywords: The Gambia, dictatorship, democracy, ECOWAS, security, justice, reconciliation, Yahya Jammeh, Adama Barrow *NOTE: The ideas contained in the Opinion Papers shall be responsibility of their authors, without necessarily reflecting the thinking of the IEEE or the Ministry of Defense . Opinion Paper 07/2018 1 Gambia, a complicated but hopeful road to democracy Pilar Requena del Río Introduction The Gambia is the smallest country in mainland Africa and one of the poorest in the world. With only 2 million inhabitants, mostly Muslims, it is a narrow strip along the river of the same name, surrounded mostly by Senegal. A legend says that an English warship sailed upstream launching cannon shots to port and starboard. The borders were traced where the projectiles fell. The English put a wedge in the middle of a Senegal controlled by the French. -
Gambia: Political Opinion
Country Policy and Information Note Gambia: Political opinion Version 2.0 March 2017 Preface This note provides country of origin information (COI) and policy guidance to Home Office decision makers on handling particular types of protection and human rights claims. This includes whether claims are likely to justify the granting of asylum, humanitarian protection or discretionary leave and whether – in the event of a claim being refused – it is likely to be certifiable as ‘clearly unfounded’ under s94 of the Nationality, Immigration and Asylum Act 2002. Decision makers must consider claims on an individual basis, taking into account the case specific facts and all relevant evidence, including: the policy guidance contained with this note; the available COI; any applicable caselaw; and the Home Office casework guidance in relation to relevant policies. Country information The COI within this note has been compiled from a wide range of external information sources (usually) published in English. Consideration has been given to the relevance, reliability, accuracy, objectivity, currency, transparency and traceability of the information and wherever possible attempts have been made to corroborate the information used across independent sources, to ensure accuracy. All sources cited have been referenced in footnotes. It has been researched and presented with reference to the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI), dated April 2008, and the European Asylum Support Office’s research guidelines, Country of Origin Information report methodology, dated July 2012. Feedback Our goal is to continuously improve our material. Therefore, if you would like to comment on this note, please email the Country Policy and Information Team. -
Gambia, the MODERATE ADVANCEMENT
Gambia, The MODERATE ADVANCEMENT In 2013, The Gambia made a moderate advancement in efforts to eliminate the worst forms of child labor. Several law enforcement agencies were trained on a range of issues related to the worst forms of child labor, and officials identified and provided services to 63 children allegedly being used to work as housemaids and street vendors. The Government signed a Memorandum of Understanding on trafficking in persons with the Government of Senegal during the year. In addition, the Government increased funding for a drop-in center that provides medical care, food, and counseling to street children and continued to operate a conditional cash transfer program that provides services to more than 1,000 children rescued from forced begging. However, children in The Gambia continue to engage in the worst forms of child labor in domestic service and commercial sexual exploitation. Gaps in the legal framework persist, such as between compulsory education and minimum working ages. In addition, child labor laws are not effectively enforced, and existing social programs are not sufficient to meet the need. I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR Children in The Gambia are engaged in the worst forms of child labor in domestic service and commercial sexual exploitation.(1-3) Table 1 provides key indicators on children’s work and education in The Gambia. Table 1. Statistics on Children’s Work and Education Children Age Percent Working (% and population) 5-14 yrs. 36.4 (180,954) Attending School (%) 5-14 yrs. 65.7 Combining Work and School (%) 7-14 yrs. 29.6 Primary Completion Rate (%) 70.3 Source for primary completion rate: Data from 2012, published by UNESCO Institute for Statistics, 2014.(4) Source for all other data: Understanding Children’s Work Project’s analysis of statistics from MICS3 Survey, 2005-2006.(5) Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity.