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GMC Leader taking questions from Metro TV Journalist  |
We produce the
statement verbatim.
PUBLIC NOTICE FROM GMC
In the Name of Allah the Merciful, the Omnipresent and the
Omnipotent
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| 2011 Campaign tour, GMC leader with UDP's Lawyer Darboe |
As a political Party, we seek to access
power through credible elections. It was the lack of a credible electoral
process that excluded us from participating at elections since 2012. With our
hands and feet tied by the system, we found ourselves literally excluded by the
IEC, and it became impossible to submit to such a process under the
circumstances. It has to change. If the
electoral system is not reformed, and the system does not change to meet the
challenges the opposition encounters, there will be no realistic opportunity
for genuine plurality. Going to elections under such circumstances, would not
only be treacherous, but would constitute a conspiracy to usurp the power of
the electorates, in determining their destiny. We equate that with treason. We
will use all legitimate means in our power, working in tandem with all
stakeholders both at home and around the world, to assure the supremacy of the
actual voting intent of our electorates, through comprehensive electoral
reforms and internationally accepted good practices. Going to the polls without
reform amount to conceding electoral defeat even before stones are cast. We do
not exist to partake at exercises in futility, or knowingly go through the
formal motion of pre-programed electoral defeat for the heck of it.
Let me use this occasion to emphatically
state what has been our principle and policy. We believe that political power
must be derived legitimately from the people, through credible elections. To
this end, I will re-echo my previous public statement in categorically
rejecting attempts to assume power through unconstitutional means, or retaining
power through fraudulent electoral subterfuge. GMC considers both
unconstitutional attempt to change a government, and retaining political power
through electoral subterfuge identical in purport, and therefore equally
reprehensible and condemnable. Both situations seek to perpetuate political fraud
against the polity, by subverting the democratic aspirations and actual voting intent
of Gambians. Both practices deserve equal treatment with equal measure.I will
now concentrate on the essential element of electoral reforms.
REFORMS
OF THE ELECTORAL SYSTEM
1.
The electoral law
requires amendment on the following issues:
(a) Elimination of age limit for eligibility
to contest elections from 65. There is no scientific or sound policy justification
to retain this abominable provision in our laws. The Gambia is the only country
in the world with this archaic, unreasonable, discriminatory law. This
condition was ill-conceived, exclusionary, anti-democratic and
unconstitutional. The provision cannot be sustained.
(b) Elimination of residency requirements.
The Gambia is the only country in the entire world that wrongly establishes
citizenship rights based on place of residence. Historically that was what used
to obtain in South Africa under apartheid. A Gambian citizen remains a Gambian
regardless of his place of abode. There is no law in any part of the world that
suspends a citizen’s fundamental rights merely on grounds of where he or she
lives, except in The Gambia.The right to vote and be voted for is a sacred
constitutional right, that cannot be scuttled in law by virtue of residing out
of the country. The requirement to live permanently in the country for five
years prior to elections, as a condition for eligibility to contest public
office is untenable, unconstitutional and ill-conceived. It is intentionally
exclusionary, discriminatory, anti-democratic and has no sound policy
justification. This provision guarantees that Gambians who reside out of the
country even for medical reasons for less than a year have NO chances to aspire
for political office in their own country of birth. It kills their ambition to
serve their people or participate at public decision-making involving elections.
No promulgates such an unjust law in the world.
(c)
Elimination of stone voting using marble-like
particles. The Gambia is the only country in the world still using stones to
vote. The justification for retaining this stone-age voting system instantly
dissipates when much poorer nations with higher illiterate population such as
Guinea Bissau, Central Africa, Haiti, Somalia, South Sudan, etc use ballot
papers. The trend in Africa and other emerging democracies is the use of
biometric, electronic, finger printing voting. Unless The Gambia transforms
from this stone-age voting system to a more transparent, verifiable open ballot
system, there will be no credible elections in the country. Stone-voting at
national elections belong to the stone-age.
(d)
Elimination
of counting centers. During the last Presidential elections in 2011, stones
were not counted at polling stations. They were transported from where voters
inserted their stones into drums, to specific counting centers organized by the
IEC. That is to say, the voters were denied the right to see their stones being
countered within their own communities where they voted. Instead, all stone
drums were counted at centers several miles away from them where multiple
counting often took place under very poor lighting system. No wonder public
confidence in the integrity of the counting system was disastrously low, with debilitating
questions on the consequent legitimacy of the incumbent. Counting should be
done at each polling station right infront of the very people who cast their
stones, so that they would feel that their votes actually matter, and were
infact counted. It instills confidence in the polity that their actual voting
intention and true political will was honoured by the system. It sanitizes the
process and strengthens our democracy. That is what elections are about – that
the sovereignty of the people thrives against all odds. As leaders, we must
uphold this sacred principle against all odds.
(e)
Elimination
of the so-called “Attestation” certification. The Gambia is the only country in
the world with such an unusual system of paper attestation that replaces voters
card at the last minute while voting is taking place, potentially entitling
hundreds of people to access the electoral route through the back door. The
holder of a simple paper attestation signed by any three persons holding
Gambian citizenship, enables a person who does not have a voter’s card for no
reason, to vote at that election. It is a real gate-way for electoral
malpractice and does not instill confidence in the system.
(f)
Availability
of the master voters registry to the public through out the year to ensure that
non Gambians do not determine our elections or substantially minimizing the
potential for double or multiple registration and voting, as well as the
impersonation of deceased voters.
(g) Funding of election representatives.
Each political party is permitted to have a representative at each polling
station throughout the country. It is no secret that political parties in The
Gambia are financially disabled intentionally by design, so as to keep them
weak and non-performing. Therefore, during elections there were many polling
stations without representative of some political parties due to such capacity
constraints. Funding to enable political parties meet these challenges will
greatly enhance the integrity of the process, especially during vote counting
and verification. The absence of the opposition at polling booths and counting
centers due to capacity constraints facilitates fraud. The ruling party does
not experience this challenge at elections.
(h)
The
enforcement of strict neutrality of law enforcement outfits by the IEC. The IEC
merely states the law on neutrality but does nothing to enforce its provisions.
The interference and heavy bias of law enforcement outfits throughout the
country against the opposition serve to inculcate intrepid fear among
opposition supporters and sympathizers, and in many instances keep them away
from the polls. No opposition could triumph against the over-bearing weight of
punitive law enforcement system, built to curtail the proper exercise of the
right to vote. We cannot contest against the ruling party and at the same time
contest against law enforcement agencies and expect to win at such an election.
Law enforcement attitude towards the opposition is gleaned from its failure not
only to protect our rights, but in the denial of our right to freedom of assembly,
and the intentional misapplication of the Public Order Act to our detriment.
(i)
Rendering
the IEC truly independent. The current law empowers the President to appoint
the chair of IEC and its Directors. The power to hire and fire is a humongous
pernicious influence, especially when one of the candidates is also the hirer
and firer. For the election body to be truly independent, it must be removed
from executive influence. If the IEC chiefscontinue to be appointed by the
President and who also presents himself as a partisan candidate at election.
The power to appoint must now be appropriated to an independent authority
outside the influence or authority of the Executive.
(j)
Press
freedom. We cannot even call ourselves a budding democracy unless we permit
freedom of the press. It is a sad fact that through out the history of this
government for the past two decades and more, no opposition leader was permitted
to appear at the national TV or address Gambians using the national radio
except the few times during general elections. Supporters of the opposition are
Gambians too and deserve access to alternative views aired on national media
infrastructure. The denial of the opposition to tax payer national TV and radio
is discriminatory and unconstitutional. A nation that aspires greatness would
not systematically deny its opposition, a very large segment of the population,
the right to be heard. A government that preaches peace and security must act
peacefully and assures that all segments of society feel secure in the exercise
of their birth-right. GMC calls for the gag on free expression and access to
public information platforms to be removed without delay. We must allow free
flow of ideas and knowledge. As leaders, we should not be afraid of innovation
or new ideas. We should promote intellect, ingenuity and industry. We should
enable our youth to dare to dream, express themselves and hold us to account.
That is for GMC the essence of public service – accountability and to build
future generations.
(k)
Independence
of the judiciary. It is essential that judicial officers respect their oaths of
office. Being in the opposition should not be ground for judicial victimization
to placate or appease political authority. The law should be a shield to
protect the rights of all, not an instrument of victimization and oppression,
using prejudicial, misdirected or ill-conceived interpretations and
applications of legal principles to achieve predetermined political outcome. In
other words, magistrates and judges should not use their judicial robes to
persecute the opposition for being politically different.
(l)
Power
of the incumbency. The IEC ought to ensure that candidates for president of The
Gambia are treated simply as candidates on equal footing with equal treatment.
Unguarded statements and acts prejudicial to the interests of other candidates
should not recur. The Gambian public cannot be deceived. It is imperative that
both fairness and the perception of fairness be seen to be at work if public
confidence is to be restored.
2.
The need for consultation, sincerity, team-work
and partnership.We
shall continue to consult with all stakeholders including all political
parties, the IEC, civil society, the diaspora and our development partners with
a view to creating an electoral system that would be the pride of Democracy. We
support calls for strengthening the inter-party forum. We propose the creation
of an independent inter-party secretariat with administrative structures to
help facilitate communication, interaction and dialogue among political
parties. To get it running upfront now, we propose initial funding contribution
by all political parties into a common resource pool, while seeking for funding
sustainable mechanism, including possible parliamentary budgetary allocation.
I invite the IEC and the APRC to
demonstrate sufficient bona fide and seriousness on this issue. These reforms
should precede the next elections and can be achieved within three months if we
begin now, and if both the IEC and government have the political will and the
courage to do the right thing. Shouldthe IEC desires to secure relevant funding
necessary for the reforms to be implemented through the international donor
funding system, GMC shall vigorously support the effort using diplomacy. It is
a shared responsibility of the international community and ECOWAS for democracy
to hold root in The Gambia.We are partners, not enemies. Working together with sincerity
and a sense of urgency, we shall bring into effect an electoral system that
shall truly reflect the aspirations of Gambians.
I invite President Jammeh to bequeath a
legacy of establishing strong structural foundation, for conducting credible
elections in The Gambia. I urge him to take bold steps towards this direction. The
nation shall honour him in perpetuity if he demonstrates sufficient political
will on this matter. I call on our colleagues and all stakeholders to rise to
the occasion so as to usher in a new political era, and building a formidable
democratic infrastructure for Gambians yet unborn. Our focus is not on which
individual or political Party shall win. The essential element for us remains -
will our democracy win? This is the founding principle upon which GMC exists.
Thank you all.
Dated the 29th
January, 2015.
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