The allegations of Freeborn and Slaves crisis in village of Diabugu, Upper River Region of The Gambia, could best be described as “Diabugu Versus Universal Declaration of Human Rights” (Diabugu Vs UDHR), cognizant of living in the 21st Century, where issues of slavery and others associated with inequality, discrimination and other inferiority concepts have been trashed for far too long, but unfortunately still said have to have been practice in most parts of Africa and The Gambian case at hand.
Its interesting to note and follow developments taking place in that settlement through local media reports, especially the Foroyaa Newspaper that has an extensive coverage of the matter right from its inception, which affirmed the case as clear illustration of strict adherence to our traditional norms and values over the modern concepts of rule of law trading on matters of equal treatment of all, everyone being born free with equal dignity, rights among others as per inspired by the globally acclaimed Universal Declaration f Human Rights.
Below is the text of one such reports published by Foroyaa Newspaper and authored its URR Correspondent Lamin Fatty.
The report read as follows: Foroyaa has gathered that dialogue has taken place between the parties to a scuffle in Sandu Diabugu following a meeting at the Basse Police Station.
The scuffle led to an assault charge against five people who were scheduled to appear before court on Wednesday. Reports have it that agreement has been reached which will see an assault charge on five ‘freeborn’ against the slaves settled out of court.
The five were charged with two counts of common assault and incitement of violence by the police regarding the scuffles that erupted when the ‘freeborn’ allegedly tried to stop the ‘slaves’ from observing Friday prayers last week based on their social status in the community.
Muhammad Drammeh, speaking on behalf of the nobles said elders from both sides held talks with the Station Officer of Diabugu Police Station Inspector, Kumbi Sarjo when they eventually came to terms that case will be resolved by civil engagement. He said they discussed and agreed that both sides will maintain peace in the community.
However, Drammeh informs that they are still maintaining two of the previous conditions as reported by this medium earlier. According to him, one of these conditions will see One Papa Sey permanently leaving the community due to his influential role in the saga. Sey is said to have lived in the village for a long time but he did not originally hailed from there.
Secondly, Drammeh continued that they are still maintaining that slaves will not enter in the main mosque for prayers. He said these conditions were agreed by both sides including the slaves in order to maintain peace.
However, Gaindeh Jallow who comes from ‘slave’ section denied signing any agreement on behalf of his side at the said meeting though he confirmed his attendance. He said they did not agree to resolve the matter out of court as they are ready to proceed with the case to seek justice for their members who were allegedly assaulted. Jallow also said they will be using the mosque situated in their area to observe their five-daily prayers and they will leave the village to observe Friday prayers elsewhere in the interest of peace.
The need to compare
This must be contrasted with provisions contained in the following legal instruments at both domestic and international level and its for the readers to draw conclusion as to what really went right or wrong in that community and what must be done to address such matters for the interest and welfare of all in our strive to get the country where it ought to be, as far as sustainable development objectives of the country, Africa and the globe is concerned.
Article 1 of Universal Declaration of Human Rights provides that, all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 4 says, No one shall be held in slavery or servitude and that slavery and slave trade shall be prohibited in all their forms.
Article 6 says, Everyone has right to recognition everywhere as a person before the law, whereas Article 8 provided the right to effective remedy before the law.
Article 13 provided the right to free ovement and settlement. It read as follows: Everyone has the right to freedom of movement and residence within the borders of each state and that everyone has the right to leave any country, including his or her own and to return therein.
The 1997 Constitution
Section 20 of the cited constitution prohibits Slavery and force labor and it reads: No person shall be held in slavery or servitude. Whereas section 33 therein strongly prohibits discrimination on various grounds and strengthen the concepts of equality before the law, equal treatment of all as per defined in subsection (4) therein.
The cited Subsection (4) says In this section, the expression “discrimination” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.
The African Charter
Article 1 of African Charter on Human and Peoples’ Rights otherwise called “The Banjul Charter” provide that, member states of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
Whereas Article 2 therein stated that, Every individual (persons) shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.
Article 4 says human beings are inviolable and that Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.
Article 5 prohibits slavery and other perceived inequalities and read as follows: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.
From the above citations, its now for the readers to decide as to what course should be taken to have such matters address by either our traditional leaders or political leaders assigned to oversee protection and promotion of our fundamental rights and freedoms as per the cited legal instruments and others not mentioned.
Author: Sanna Jawara, Chief Executive Officer-The Advocate.
