By Yankuba Jallow
Pateh Bah lives in Buduk Village, Nianija District, Central River Region North. He stays with his wife and children. He is a farmer who cultivates peanut and other crops in their family lands.
Pateh went to the rights commission and lodged three (3) complaints to the National Human Rights Commission (NHRC) all relating to alleged social injustice he suffered in the hands of the Chief of Nianija and his close associates. He was simply asking the commission to intervene to protect him and his family from the harassment and intimidation he faces in the hands of the Chief and his close associates.
You will recall he was the man whose family lands were unlawfully taken from him without any due process. As a farmer, he sat for 3 years without access to land to farm. He wrote to the office of the Chief Justice who gave him a letter to take to the Chief of Nianija asking the Chief to give him a copy of the judgment, if any. As far as Pateh was concerned, there was no case about their family lands. Instead, the Chief exercised authority and took the lands from him. Although Pateh said the Chief tore the letter in his face, the Chief did succumb and Pateh was able to get back the lands.
Pateh said the hostilities continued to follow him until now. He is the same man whose mother (Salimata Sallah) the Chief said cannot inherit. In that case, the Chief clearly said a woman cannot inherit but the Cadi Appeal Panel overturned the Chief’s decision. The Appeal Panel declared the Chief’s decision as abhorrent and lacks support in Islam. However, Pateh says the order to distribute the property is yet to be executed, noting that he has spent thousands of dalasis to survey the land and travelling between Banjul and Bansang since February for the land to be distributed. He would like the process to be expedited so that his mother can get her share of the property which he believes is being tampered with at the moment.
He informed Foroyaa that he wants his fundamental rights and freedoms, and that of his family protected and enhanced by the Commission.
The Human Rights Commission after receiving the 3 complaints has still not officially communicated to Pateh Baldeh. Pateh still does not know the decision of the rights commission despite writing several letters requesting answers from the Commission. Foroyaa also wrote three (3) letters to the Commission concerning the case. The Commission wrote back to Foroyaa on 26 September 2023. The letter was signed by Emmanuel Daniel Joof, the Chairperson.
The 3 complaints were filed and received at different times. The first complaint was received on 22 March 2021 at the Commission’s Secretariat while the other two were received at their regional office in the Central River Region on 22 August 2023 and 24 September 2023.
Pateh’s complaint relates to six (6) main issues concerning him and his family. The first issue was the alleged assault of his daughter by one of the Chief’s close associate Bakary Jarra in 2021. The second issue was the alleged trespass on his orchard by the cattle of Omar Sey York, a brother of Chief Dawda York in 2021. The third issue was the alleged refusal of Chief Dawda York of Nianija District Tribunal to hear his complaint against Omar Sey York in 2021. The fourth issue of the alleged denial of food aid to his family by the Chief in 2021. The fifth issue was the alleged discrimination relating to denial of food aid in 2023. The sixth issue was the alleged destruction of some parts of his home by Bakary Jarra in 2023.
Chairperson Emmanuel D. Joof said investigations were initiated by contacting the Chief and the brother of Pateh Bah – Dawda Bah. He added that the Commission also embarked on fact-finding mission to Buduk to ascertain the veracity of the allegations made by Pateh Bah – the complainant. Chairperson Joof said the Commission came to know that the complainant had previously lodged the same allegation at the Njau Police Station.
Chairperson Joof said the Commission was unable to verify the claims made by Pateh Bah with respect to the alleged assault of her daughter by Bakary Jarra, the alleged trespass on his orchard by the cattle of Omar Sey and the alleged refusal of Chief Dawda York to entertain his complaint as he could not substantiate same. He added that the complainant could not produce witnesses to support his allegations.
Commissioner Emmanuel D. Joof said they were investigating the allegation of the denial of food aid while he was advised to report the alleged willful destruction of his property to the police since the alleged offence is criminal in nature. Pateh however said the pursuit of his case at the Njau Police Station has not yielded any result.
When Pateh was informed about the information obtained from the rights commission, he noted that it would be difficult to get witnesses to openly speak up because they fear the Chief. He explained that the rights commission sent a team headed by Imam Baba Leigh to conduct investigation. He provided Foroyaa with the recording of the proceedings, which the reporter listened to.
He pointed out by listening to the recording one would notice that during the confrontation with the Chief and others, he made the allegations listed above, but none of those who were accused denied these allegations. He noted that the recording reveals a lot of unpleasant remarks against him which fell short of denial of the allegations he made against them.
He is not happy with the manner in which the team that went to Buduk conducted the investigation.“I want the Commission to watch the video of the proceeding,” Pateh Bah said.
He stated that the Commission could not still tell him the outcome of the investigation regarding his complaints.
“I was not expecting the Commission to take this long in coming out with a conclusion. Even if the decision is against me, I expect them to tell me their decision. I have been writing to the Commission and I have met with some of the staff there. None of them told me there was a decision reached. I always call them over the phone,” Pateh Bah said.
Pateh now lives in fear as the hostility continues against him. He feels the Chief and his associates will continue to target him and his family. He stated that he feels that the Commission should communicate to him.
