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Rights group challenges legality of Muslim Elders Council

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By Tabora Bojang

Tabora 4

The creation of the National Muslim Elders Council has drawn a sharp rebuke from a human rights group which also questions its legality.

Last Friday, President Adama Barrow launched the council calling it a significant step in government’s effort to maintain peace and stability in the country,

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Barrow went on to disclose that he is the council’s patron and has already made moves to get them an office, a bank account and a vehicle with a monthly fuel allowance.

The president called on members of the council to help with prayers for the continuous peace and stability of the country, adding that no country can develop in the absence of peace.

The president of the new body, Muhammed Lamin Touray, said the council is established out of good will to collaborate and partner with the Supreme Islamic Council and other Muslim organisations to support the president in his development efforts to sustain peace and stability in The Gambia.

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He revealed that the council consists of 17 executive members and 87 other regional members.

Touray congratulated Barrow for accepting the formation of the council to be liaising with his office for national efforts describing him as a man of peace who loves The Gambia.

According to him, the council will among others offer advice to the president on issues of religion and other matters, enhance and strengthen brotherhood between the Majalis, Madarrasas, the government and religious leaders as well as promote conflict resolution efforts, dialogue among families and citizens and support the needy like orphans, widows and new Muslim converts,

However, the Edward Francis Small Center for Rights and Justice led by activist Madi Jobarteth has reacted to the establishment of the council with strong objection,

In a lengthy explanation the Centre said the president has no powers to create a public office that is not covered in the constitution or sanctioned by an act of parliament.

The EFSCRJ further stated that the Office of the President must first explain to the public as to what is the constitutional and legal basis for the creation of this body.

“Secondly, we are concerned about the statements that the president made at the inauguration of this body. To claim that he will provide office space for them with a vehicle and fuel, the sources of which should not concern the members raise serious issues of transparency and accountability. We wish to know under which budget line or vote will the president fund this body? To tell the members that they should not concern themselves with the sources of the resources undermines the laws and procedures of the public financial management system,” the Centre stated,

“We are of the view that creating such a body, if at all necessary, should be done publicly with a bill taken to the National Assembly to provide the objects and reasons for the body, and legalise its funding, if approved. Such legislation would have provided the functions, powers, structures and incentives for such a body among other issues. None of this was done hence EFSCRJ hereby objects to the creation of the National Muslim Elders Advisory Council. We find no legality for its creation,” it said.

The EFSCRJ also argued that there is no justification for the creation of National Muslim Elders Council because there is no religious tension in The Gambia to warrant the creation of such body.

“There are already the Gambia Supreme Islamic Council and the Rawdatul Majalis on one hand, and  the Gambia Christian Council on the other, which are all competent religious bodies to give the president necessary advice without any cost to the state. Furthermore, every Sunday and Friday, religious leaders provide sermons in churches and mosques which avail the president pieces of advice to consider,” the Centre said.

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