The Edward Francis Small Centre for Rights and Justice hereby joins Gambians in memorializing December 30, a day ten years ago when a group of Gambians found it imperative to end tyranny in our homeland. Fully knowing the ultimate price that could be paid, these conscientious Gambians, like many before and after them, took a deliberate decision to resist by the use of arms. As an organization dedicated to democracy and republicanism, EFSCRJ cannot but recognize that where there is oppression, there is resistance by any means necessary.
The importance of human rights and the adherence to the rule of law have been recognized as indispensable for not only attaining democracy and good governance, but also, as a result, engender peace and stability in society. The Universal Declaration of Human Rights, the first universal consensus on human rights adopted by the UN General Assembly in 1948 states in its Preamble that,
“Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.”
Section 6(1) of the 1997 Constitution stipulates that any person who by unlawful or violent means abrogates whole or part of the Constitution commits treason. For that matter, Section 6(2) imposes a right and duty on all citizens to defend the Constitution by resisting any person or attempt to suspend, overthrow, or abrogate any part of the Constitution. Section 6(3) stipulates that in such resistance, there is no offence.
From 22nd July 1994 to 23rd January 2017, the Gambia was under a reign of terror perpetrated by the AFPRC/APRC regimes led by Yaya Jammeh and enabled and empowered by scores of elected and appointed public officials and security officers. Yet Gambians of all walks of life had resisted it in all forms. From students to farmers, teachers to doctors, lawyers to businesspeople, soldiers to activists, journalists to politicians, and indeed many ordinary citizens resisted by any means they could within their limitations and circumstances. Hundreds of people were arrested, tortured, raped, disappeared, killed, or forced into exile, while others were wrongly removed from their jobs or their properties forcefully taken away. Even where some people died abroad, their dead bodies were refused to return to their homeland for burial.
While there existed a constitution, laws, and institutions which imposed obligations on the President and public officials to protect rights and ensure justice, these laws and institutions were transformed into weapons to harm citizens. To merely disagree with Yaya Jammeh openly or privately or to seek protection and justice from these public institutions were enough to make one lose a life or face arrest or endure torture. In effect, the Yaya Jammeh regime made the pursuit of peaceful, legal, and democratic change, or the pursuit of justice or the mere exercise of one’s constitutional rights quite risky for every citizen.
Instead, Jammeh personalized the State and its resources and institutions to the point that even when citizens voted on 1st December 2016 presidential election, he totally rejected the results and vowed to remain in power in total contravention of the Constitution. The fact that the international community had to mobilize a seven-thousand strong ECOWAS intervention force, ECOMIG to forcefully enter the Gambia on 18th January 2017 to oust Yaya Jammeh for the verdict of the people to prevail clearly justifies the point that only the use of force could remove this tinpot dictator.
In light of the foregoing, EFSCRJ strongly holds that the commemoration of D30 is a moral and national imperative. It is a recognition of the role and contributions of citizens who made the ultimate sacrifice to rescue their nation from the clutches of tyranny and violence. It is to remind ourselves that the emergence and perpetuation of tyranny is not only the fault of the tyrant and his enablers, but also it reflects a citizenry that is indifferent, lethargic and takes national issues for granted. It highlights that so long as citizens fail to be vigilant but remain silent and obedient to bad leaders and a poor governance system, the cost could become excruciatingly deadly and far reaching.
We wish to therefore honour the martyrs of December 30 – Col. Lamin Sanneh, Capt. Njaga Jagne, and Cpl Alagie Jaja Nyass for their sacrifice for our dear homeland. We wish to show gratitude and appreciation to these fallen Heroes and their comrades for resisting oppression in the land that we share. We console their families and indeed all citizens for this irreparable loss and pray for their gentle but brave souls to rest in perfect peace.
As an organization dedicated to promoting good governance in the Gambia guided by and thriving on democratic and republican values and standards, we wish to assume responsibility to ensure that never again should tyranny emerge in the Gambia. We will use all legal, peaceful, nonviolent, and democratic means to ensure that the State and its agencies and officials abide by the rule of law and protect human rights. Public institutions and officials have no choice but bear primary responsibility to defend and uphold the Constitution and serve our people to the best of their abilities with integrity, commitment, and professionalism.
We wish to call on Gambians to take the sacrifice of these Martyrs as both a personal and national challenge that we will henceforth establish, nurture, and strengthen the culture of democracy and good governance in the Gambia for all time. EF Small Centre believes that no one should die or face any harm just by promoting and defending human rights, democracy, the rule of law and good governance. We recognize that the attainment of peace and progress in this country is indisputably and inextricably connected with the promotion and protection of human rights and the adherence to the rule of law.
In the Spirit of Edward Francis Small, For The Gambia Our Homeland
Madi Jobarteh
Executive Director
Edward Francis Small Centre for Rights and Justice
EFSCRJ