By Tabora Bojang
The Attorney General and Minister of Justice has said security officials occupying positions and persons holding sensitive information of the country serving in the government will be vetted under the proposed National Vetting Agency, which is currently tabled before lawmakers for consideration and approval.
Dawda Jallow was responding to concerns by several NAMs who expressed reservations and skepticisms about the Bill following its second reading in the Assembly Monday.
The bill aims to create a vetting agency that will be headed by a director general to be appointed by the president in consultation with the Public Service Commission and the board.
The agency will be responsible for conducting security vetting on all current and future offices and post holders in the security sector and public institutions, make decisions and issue security clearance certificates to persons that are considered as “acceptable security risks.”
The bill is also envisaged that “a person will be considered as an unacceptable security risk if he or she is not loyal to Gambia and its constitution and values or has a preference or may be manipulated, induced or blackmailed to help a group, person, organisation or foreign government in a manner detrimental to the interest of the Gambia.”
Furthermore, persons whose spouse or close associates fall within these determinants may equally be considered as an “unacceptable security risks while persons who refuse or incapable to fully participate in the security vetting procedure shall also be considered as an unacceptable security risk.”
The bill also envisaged that a security officer or post holder of a public body who is without a clearance may be transferred to another position where clearance is not required or his or her employment be terminated.
Debating on the merits of the bill, Banjul South NAM Fatoumatta Njai expressed outright rejection of the bill, saying she will not support creation of any institution whose officials are not going to be subjected to parliamentary approval before appointment.
“I will not support this at all until it is given to the National Assembly. This is going to undermine the National Assembly. It is just to create employment for government supporters and we have seen how this government appoints wrong people. The country is not moving because we appoint based on political affiliation,” Hon Njai said.
Minority leader Alagie S Darboe and Kiang West NAM Lamin Ceesay also expressed concerns that the bill could lead to witch-hunting of persons perceived to be sympathetic to opposition in the security sector and other critical government positions by removing them without credible grounds.
“How do you measure someone’s loyalty to the Gambia and the constitution? What are the determinants of that loyalty,?” Darboe asked.
The Upper Fulladu West lawmaker Bakary Kora too expressed concerns as to whether the bill will have a retrospective clause in its application and in response, Justice Minister Jallow said there is no such clause in the bill but once the agency is “set up and the processes are in place, even those occupying positions will be vetted” to see whether they are at the right place. “So vetting will take place immediately when the institution is put in place,” he said.
On fear of witch-hunting and victimisation, the minister said unless the agency allows itself to be used to witch hunt, there is no expectation for such.
“As part of security sector reform there have been calls in the public domain that some people are not supposed to be serving in some of the services. The reason why the government delayed removing some people from services is because we do not have any objective criteria to guide that process. If we proceed implementing the policy it will be criticised and we could not defend it, this is why the government takes a policy decision to institutionalise the process. If you want to retire a general from the service what will be your basis? If you want to deny somebody from being promoted to a particular rank, what would be your basis? So there will be a vetting system by this institution,” Justice Minister Jallow said.
He said the agency will develop the rules and procedures and will apply them, adding that its work will not only apply to security officials but anybody that is to handle sensitive information of the country with the exception of holders of political office.
“Anybody who is to attain a certain level of responsibility, you have to go through security clearance. So, you will be vetted and it will be determined by that agency whether you are competent to occupy that position.”
Responding to concerns by Niamina Dankunku NAM Samba Jallow about the impact of creating a new agency on the national budget and possible duplication of efforts since all security institutions have internal vetting processes before recruiting officers including the army, Minister Jallow replied: “This is a deliberate government policy and if the government decides that it should be put in place, I think the government has factored that in place already”.
