Friday, July 30, 2021

Should Any Gambian Stop Another From Entering Or Staying In A Village?

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QUESTION OF THE DAY

The incident at Kanilai is a matter of concern. If the residents of each village were to have the power to decide who should or should not enter the village Freedom of movement of Gambian citizens as guaranteed by the Constitution would be obstructed every second in the Gambia.

The Republic belongs to all. All Gambians should enjoy all fundamental rights and freedoms without any discrimination.

The Gambia wants tolerant citizens who would protect each other irrespective of differences. One should be able to give water, food and even sleeping place to a political opponent so as to teach the virtues of humanity. To show hostility is to teach the virtues of enmity and civil disturbance.

The Constitution does not permit any Gambian to restrict the freedom of movement of the other.

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Section 25 Subsection (2) reads:

“Every person lawfully within The Gambia shall have the right to move freely throughout The Gambia, to chose his or her own place of residence within The Gambia, and to leave The Gambia.”

This freedom of movement should not be restricted by anyone. All citizens should be informed that anyone who obstructs the right to freedom of movement may be taken to the High Court under section 37 of the Constitution which reads:

“37. Enforcement of protective provisions

(1) If any person alleges that any of the provisions of section 18 to 33 or section 36 (5) of this Chapter has  been, is being or is likely to be contravened in relation to himself or herself by any person he or she may apply to the High Court for redress.   

(2) An application may be made under this section in the case of a person who is detained by some other person acting on the detained person’s behalf.”

The Constitution does not want any discrimination of any person in the exercise of rights. This is why it defines discrimination under Section 33 of the Constitution for all of us to take note of. It reads:

“(4) 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.”

Foroyaa strongly advises people not to take the law into their own hands. One who does so may find oneself in the hands of the law for the wrong purpose. Keep Gambia open, just and tolerant. We will then reap peace and development.

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