Commentary
By Binneh Minteh, USA.
If anyone should argue that elements of The Gambia Armed Forces have recently contributed to shifting the military’s role in protecting the sovereignty of the nation and the security of our citizens, to one of protecting the interests of the president and his ruling class, that argument would be an undisputed fact of Gambian reality.
The most recent militarized state sponsored witch hunting has manifested that the armed forces is an instrument of the Jammeh controlled state: It protects the president’s interests at any cost, and not the national interest.
And it coerced all ethnic groups in the Gambia to undertake civic projects within an unconstitutional framework, thus portraying the army as a ’cesspool of patronage’, ’personal and political connections’ instead of merit and performance as determinants for promotion.
The Armed Forces Command must be cognizant of the fact that the world is closely watching the Gambia as events continue to unravel.
Traditionally, the army’s relationship with civil society has undergone various paradigm shifts across the Gambian political landscape. For example, before the July 22nd 1994 military coup, most sections of civil society viewed the armed forces as adversaries.
It was only the erstwhile Gambia National Gendarmerie (the defunct Tactical Support Group) that made positive strides with civil society due to its professional training; training that encompassed law enforcement within a constitutional framework.
Following the July 22nd coup, the image of the Gambia National Army was altered for a period. This was largely attributed to the constructive engagement of civil society by not only the Junta, but also by the central command of the armed forces. The enrollment of military officers in University Programs and other civil society functions were living testaments to that reality.
After the April 10th and 11th 2001 student demonstrations during which members of the armed forces unleashed live bullets that killed over 15 innocent young boys and girls, relations with civil society worsened and the army’s image was tarnished. Numerous other human rights abuses that involved members of the armed forces have also contributed towards the rift in relations with both national and trans-national civil society.
Rights abuses such as the fire-bombing of the privately owned Radio One FM Station; the Independent News Paper; the brutal murder of former finance minister Ousman Koro Ceesay, whose charred body was found in his burnt car, and the shooting death of journalist Deyda Hydara, all by alleged members of the armed forces, contributed in making the rift in relations with civil the society.
With the recent unleashing of terror on innocent citizens, civil society would only view the army as a cesspool of illiterates, a marauding band of gangsters, drunkards, and indisciplined hatchet men and women, whose principal role is to protect tyranny.
An increase of indiscipline, thuggery and greed within any armed forces is only a reflection of the predatory and ruthless behavior of members of the ruling government. And the armed forces form an essential component of such a government.
Members of the armed forces must realize that the world has changed, and upholding the rule of law as a critical institution of modern day governance has taken the forefront of global military affairs. Today, the world further witnessed the emergence of an international legal consensus on punishing those responsible for committing the most serious crimes against mankind (Crimes against humanity, torture and war crimes). Proliferation of international tribunals such as the International Criminal Court, the Special Court for Sierra Leone, the Rwandan Tribunals, and the Tribunals for former Yugoslavia are living enforcement mechanisms or institutions to that legal consensus.
A novel doctrine of Command Responsibility and International Criminal Responsibility that is deeply embedded in modern day International Criminal Tribunals could also hold both Military Commanders and their subordinates for serious violations of human rights.
As Matthew Happold rightly puts it, this is The Age of Criminal Responsibility in International Criminal Law.
Most of these International Tribunals sitting today have successfully tried and sentenced both military commanders and their subalterns under such modern international legal mechanisms. Some of these tribunals have indicted both former and sitting heads of states under the international legal doctrine of "Individual Criminal Responsibility" for their role in the commission of crimes against humanity, war crimes, torture and genocide.
Notwithstanding the onslaught, after years of characterization as predators of Gambian communities, the opportunities for the Gambian military to walk away from that troubled path are still available. That is possible only through assuring citizens of their willingness to use the constitution as the sole guardian in protecting the ideals of our nation - Justice, Democracy, Equal Rights and Respect for the Rule of Law.
The mass disenchantment and campaign of terror waged by the armed and security forces for the current administration signaled the beginning of state collapse at an alarming rate. Shifting that trend requires the military to boldly shift from unleashing terror to mending fences with civil society as partners in development.
The operations of the armed forces within the constitutional framework are crucial to both national security and economic development. It is therefore important to understand that failure to do so may likely put our beloved nation on an awful path to collapse - economically, politically and socially.
The Armed Forces Chief of Defense Staff, Brigadier General Lang Tombong Tamba and his officer corps, are honorable men. I am sure that they are aware of the dangers of modern Gambia. I am sure they are also fully aware of the challenges and consequences ahead.
Hopefully, they would boldly and constructively handle the situation in the general interest of all Gambians. But will they? Only time will tell.
This is just food for thought for officers and men of The Gambian Armed Forces - the world is watching and documenting crimes against innocent Gambians.
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