By Kebba AF Touray
The recently passed National Security Council Bill has imposed five years of imprisonment or one hundred thousand Dalasi as punishment for the disclosure of confidential documents without prior approval.
The Bill, passed during the First Ordinary Session of parliament, seeks to promote the effective and efficient coordination of the security of The Gambia as a critically important factor in security sector reform. The passing of this Bill will also address security issues by establishing the Office of National Security under the National Security Council, and specialised committees within the Council.
In Clause 22, the Bill talks about confidentiality while sub clause (1) stipulates that a member of the Council, staff of the Office or a member of any Committee of the Council shall not, without prior consent in writing from the Council, publish or disclose the contents of any confidential document, communication, or information which has come to his or her knowledge, in the discharge of his or her duties.
However, sub clause (2) proposes the following: “A person who contravenes subsection (1) commits an offence and is liable upon conviction to a fine of not less than one hundred thousand dalasi or imprisonment for five years or both.” Clause 21 of the Bill, which deals with the National Security Sector’s Joint Operations Fund, indicates in sub clause (1) that ‘‘there is established by this Act, the National Security Sector Joint Operations Fund.’’ Sub clause (2) defines the objective of the Fund as financing the security sector reform process and the joint security operations of the security sector.
The Bill in sub clause 12 provides for the establishment of Committees, and said in sub clauses (1) that: ‘‘There is established by this Act, the following Committees for the Council: (a) the Joint Strategic Technical Committee; (b) the Joint Intelligence Committee; (c) the Regional Intelligence Committee; and (d) the Joint Operations Coordination Committee.’’ It outlines in Clause 14 that the Joint Strategic Technical Committee shall among others, discuss emerging security issues that may impact on national security.
Clause 15 dictates that the Intelligence Committee provide intelligence of national interest to this Office, while the Regional Committee in Clause 16, said it shall among others conduct joint operational intelligence assessment, and coordinate joint intelligence assessment.
The Joint Operations Coordination Committee as stipulated in Clause 17 of the Bill, shall inter alia ensure the operational readiness and timely response of the Committee.
