Topic: Sir Dawda Kairaba Jawara and governance: Legacy and relevance for our times
By Hon Justice Hassan B Jallow,
Chief Justice of The Gambia
I am greatly honoured to have been invited by the Board of Trustees of the Kairaba Conservation and Leadership Organisation (KAIRACLO) to deliver this second lecture in honour of Alhaji Sir Dawda Kairaba Jawara the first President of The Gambia, Founding father of our Nation. I must say when I first saw the invitation I thought that the acronym was to be read and pronounced as Kairasilo” meaning the Path to Peace and Wellbeing! What an appropriate name in honour of a personality so devoted and well known for treading and encouraging others to tread on that path!
KAIRACLO is to be commended for instituting such a program as a “lasting tribute to the memory of a leader who worked towards realising the objectives of good governance, human rights and democracy” not only in The Gambia but beyond our shores. In Africa, in the Commonwealth and in the world at large. For the legacy Sir Dawda left us is key to the resolution of many of the challenges of peace, justice and progress both within and between nations.
I have therefore chosen to speak today of Sir Dawda’s commitment, contribution and legacy in the promotion and the maintenance of good governance. And to speak to the centred relevance of his legacy in the resolution of the challenges we face. I do so from the vantage point not only of a citizen and resident of The Gambia who has like my others benefitted immensely from his work in this field. But also as his Attorney General and Minister of Justice and thus his Chief Legal Adviser from June 1984 to July 1994. And who thus worked closely with and observed at firsthand Sir Dawda’s work in the field of governance.
You will all, I hope, forgive me if you find me or others repeating ourselves on Sir Dawda’s legacy and its continuous relevance. It is necessary that we do so both to counter the effort to wipe out memories and to rewrite the history of this country with false narratives. It is necessary to do so to preserve the heritage which can provide us with a strong foundation for national development, both for now and in the future.
He has legitimately earned the accolade of Father of the Nation. For he led the struggle, together with his renowned colleagues, for the emancipation of The Gambia from colonial rule into independence and sovereign nationhood. At a time when some were sceptical of the Gambia’s viability as a state and thus they offered other alternatives to sovereign independence rather than what they regarded as the “birth of an improbable nation.” But the nation was not only born with Sir Dawda as its midwife; it proved the sceptics wrong with Sir Dawda as Head of Government and subsequently as Head of State.
I return thanks to Allah SWT for my presence at” that birth and for witnessing the several tremendous positive changes which have followed that event. As a young student of St. Augustine’s High School I stood at the McCarthy Square in Banjul on the fateful night of 17th February 1965 and witnessed at midnight the lowering of the Union Jack which had for decades flown over the colony and protectorate of The Gambia; I witnessed the hoisting for the first time of The Gambia National flag in its Red White Blue White Green colours; I witnessed and heard the playing for the first time at a public official ceremony of The Gambia National Anthem; I witnessed the handing over of the instruments of independence to the then Prime Minister Sir Dawda Kairaba Jawara by the Duke of Kent on behalf of Her Majesty Queen Elizabeth the Second. She was to remain the Head of State of The Gambia until 1970when The Gambia attained Republican status. The 18th of February 1965 was an exciting and momentous occasion.
But the task ahead was also daunting and full of challenges. My own experience was undoubtedly a reflection of the life of the vast majority of the population at the time. I was born and brought up in Bansang in what was then the McCarthy Island Division (MID), a relatively “developed” locality compared to others in the rest of the country. Yet I grew up and lived for long without the benefit of running water; no electricity; no telephones; none of what was then a luxury and now is common place – no radio, no Television, no nearby High School – the only such school in the entire provinces was Armitage School in the then George Town. It could not of course admit or accommodate all those who wished to pursue High School education. So like many others, Banjul the capital, was the only available alternative. In those days it took at least two days to travel by lorry on what were essentially dirt roads from Bansang to Banjul; the boat trip – on either the MV Fulladou or the MV Lady Wright usually took two nights/ three days over the same distance. We walked barefoot, including to school and back, dashing from one tree shade to another under the hot sun to avoid the burning sands of the route.
Life in Banjul was only marginally better with poor accommodation and poor sanitary conditions and an undeveloped infrastructure. I remember well that much of our reading and studies in the evening had to be conducted under candle light or hurricane lamps. The veranda of the General Post Office (GPO) on the then Wellington street in Banjul – and other street lamps – often provided the only source of lighting for many students who gathered there at night to continue their studies. The road network in the urban area was equally very limited. The tarred roads essentially comprised only the stretches from Banjul to Sting Corner, the old Cape Road to Bakau, Atlantic Road from Bakau to Fajara, Pipe line from Fajara to Westfield and from Westfield to Sting corner. And back to Banjul! That was it!
Life was undoubtedly difficult and full of challenges at the time. From the perspective of young students such as myself. But probably much more challenging for our parents and elders who had to fend for not only us but for themselves and for their families. How much more for those then entrusted with taking care of all of us, taking care of our needs and managing the affairs of the nation! Life was tough those days, very tough indeed. But ironically good for us the young ones in helping us focus on the essentials of life. And to escape the developments and pastimes which have since followed. And which have become damaging distractions for much of the younger generation.
Despite the scepticism of some of the chances of this supposedly ‘improbable’ state surviving, let alone developing, as a nation given the challenges posed by its size, location and paucity of resources, Sir Dawda made us confident; he made us believe in ourselves and in our ability to do so. Sixty years later today that supposedly ‘improbable’ state is a firmly established and respected member of the global community. Sir Dawda’s leadership inspired us and indeed enabled us to prove the sceptics wrong. Development is of course a continuing never-ending process with no end and challenges continue to confront us in several spheres. But all who experienced the colonial and early post-colonial era as well all other objective observers will recognise the tremendous progress The Gambia has made in all areasin the period of Sir Dawda’s leadership. Sir Dawda and his government and the people of The Gambia working together and inspired by the values of commitment, integrity, vision, modesty that so characterised the earlier generation of Africa’s leaders did indeed take this country very far from the very modest means and conditions prevailing on the 18thof February 1965. Very far along the road of progress and prosperity.
Just three nights ago I described this situation to what must have been a startled group of young graduates. I did so not justto make them understand that this country – and indeed their forefathers – started from very poor circumstances; that the country has indeed gone very far; that it has taken the efforts of their forefathers and parents and the blessings of the Almighty to get to where we are today. But above all this young generation should not take the status quo for granted. They should deploy their own efforts to build upon what they have inherited, just as their fathers did. And just as their forefathers did.
It behoves us all to preserve that legacy of self-reliance and commitment to peace and progress of our nation. We can perhaps best begin by acknowledging, indeed each succeeding generation of citizens and leaders acknowledging the contribution of the previous generation and seeking to build on it. In that way we are better placedto secure the foundation for continued progress. Instead of at turn denigrating all aspects of the past. And seeking to start afresh. He who seeks to start afresh at each turn never gets far. And may not achieve much.
Sir Dawda’s legacy however extended beyond economic and financial matters an in establishing The Gambia as a viable state. Some of his greatest and most lasting footprints are to be found in the area of governance – the rule of law, respect for human rights and fundamental freedoms and generally promoting peace, justice and progress.
His government injected a quality of governance into our national fabric which was remarkably rare at the time.
His most significant contribution to this nation and indeed to the global community did not lie on the material side, important as that is and significant as are his achievements in that regard. At a time when dictatorship, one party rule, violations of human rights in the name of national unity and progress seemed to be the order of the day in many states, Sir Dawda almost alone amongst his peers at the time, one can count Botswana and Senegal as exceptions at the time, – Sir Dawda stood for a different philosophy and policy of governance. Sir Dawda stood for and made The Gambia known for good governance based on respect for the rule of law, respect for human rights guaranteed by our Constitution, the independence of the judiciary, political pluralism and democracy with the regular holding of free and fair elections.
As his Attorney General and Minister of Justice for a decade and from my many interactions with him at both the State and party levels I came to realise that fairness, justice, respect for the law and human rights were strong personal tenets for Sir Dawda. He did not adhere to them as a matter of political expediency. He deeply believed in them. He believed that development is a comprehensive concept and process that embraces not only material aspects but particularly all those other non-material things which maintain and enhance the dignity of the human being. He respected the law immensely and would brook no violation of it, or of particularly the Constitution. Throughout his tenure he continued to explore ways of deepening and strengthening the governance structure of our nation. This led to important local initiatives such as the direct election of the President on the basis of universal adult suffrage in 1982, the abolition of leg irons and other instruments on prisoners in the same year. The momentous step of abolition of the death penalty in 1992 regarded as a cruel and inhumane punishment followed shortly thereafter. The attempted coup d’état of 1981 with resultant widespread loss of lives, damage and destruction of property whilst requiring the declaration of a State of emergency, the detention of persons and the prosecution of the top leaders of the rebellion did not elicit from Sir Dawda a response at variance with his commitment to respect for human rights. Indeed Amnesty International and other international human rights organisations confirmed that the measures taken by the government in this regard were in conformity with international standards on human rights.
The establishment of the Ombudsman was also another local landmark initiative designed to check and provide easy non-judicial remedies for the abuse of administrative authority.
Sir Dawda indeed made my work as Attorney General and Minister of Justice considerably easier, with his unwavering support for legality, for constitutionalism and for the rule of law.
Sir Dawda’s concern for good governance was however not confined to the domestic sphere of The Gambia only; it became a cornerstone of his foreign policy as well. That policy saw The Gambia not hesitating to speak out and condemn gross human rights violations, wherever they occurred, participating very actively within the African Region, the Commonwealth,the United Nations and other fora on human rights issues. And the taking of important initiatives in this regard. These culminated in important developments such as the creation of the Human Rights Unit within the Commonwealth Secretariat, the adoption of the African Charter on Human and Peoples, Rights-its official title as the Banjul Charter and the location of its Commission in The Gambia, being a testament to Sir Dawda’s commitment and role in its elaboration and adoption. The establishment in The Gambia of the
African Centre for Democracy and Human Rights Studies etc. The Gambia’s domestic and foreign policy earned it tremendous respect and influence beyond the level of its resources. It’s position on various governance and human rights issues was sought and respected.
Fostering national unity and solidarity was a primary concern for Sir Dawda. Small as The Gambia is both in terms of space, population and resources it is no different from the typical African country with its diversity. He strove very actively to weld our diverse tribes into a united nation and encouraged us to rise beyond tribal, religious and other sectional differences.
We saw this in the manner in which he transformed the then ruling Peoples’ Progressive Party (PPP) from a rural, tribal based party into a truly national organisation and the manner in which he fostered national unity across difference and distinctions. We saw this in the way he constituted his Cabinet, reflecting our diversity in gender, age, religion, tribe, geography etc, in his selection of cabinet ministers. We saw this in his interaction with people of all sectors and the trust and confidence they had in him; we saw this too in him eventually becoming a ‘tribeless’ person belonging to and enjoying the trust and confidence of all ethnic groups of the community.
We will remember Sir Dawda for many other things – for his great intellect, his scrupulous punctuality, his courtesy and kindness – he would not be discourteous though he may disagree; his respect for even his subordinates. Always polite and courteous. But firm, compassionate and considerate; he was not one to abuse the powers vested in him by the law. There are so many instances and anecdotes of Sir Dawda’s conduct and character in this regard – demonstrating patience, restraint, courtesy respect for the law and democracy – as would indeed fill many a volume.
Yet we know that it was not always easy for Sir Dawda to instill the democratic culture in The Gambia. He had to many a time, stand his ground and resist local pressure for a different and more retrograde approach which would have led The Gambia in a different and backward path.
It is known that when his government failed in its bid in a referendum to secure the required votes to make The Gambia a Republic the first time, he resisted pressures from the ruling PPP leadership to unilaterally declare the country a Republic.His response was remarkably respectful of the law; he tendered his resignation as Prime Minister and called for a general election. The electorate which had rejected his proposal for a republican constitution responded with an overwhelming vote of confidence in him, returning him to power.
As the ruling party continued to defeat the opposition parties in one general election after another Sir Dawda again resisted pressures from the ruling party to declare The Gambia a one-party state.
He continued to resist pressure to make appointments to senior positions in the public service on the basis of tribe and religion.
In all of these Sir Dawda was eventually vindicated. The country eventually in acknowledgment of the rule of lawendorsed by referendum his proposal for the Gambia to become a Republic, which it did in 1970. The one-party system of governance become gradually discredited and abandoned in most countries, in favourof the political pluralism which Sir Dawda had championed and stood by. The Gambia’s public service eventually becomean excellent model for professionalism and efficiency in our region.
In his acceptance speech at the PPP congress in Mansakonko in December 1991 of the nomination for the post of Party Secretary General Sir Dawda took the opportunity to announce that whilstaccepting the nomination he had decided however not to accept the nomination for Presidential candidate when his current term expired on the 11th of April 1992. That decision did not sit well with party members and indeed with many Gambians. In the end under considerable pressure from within and outside the party and government, in The Gambia and abroad, described by Sir Dawda himself he had to withdraw the decision not to contest the 1992 presidential election as the PPP candidate. I have written extensively on the Mansakonko PPP Congress and its aftermath in JOURNEY FOR JUSTICE (AUTHOR HOUSE 2012). Suffice it to say here that it was the single instance where the party had acted against the wishes of Sir Dawda. The rest is history.
The results of two respectable international surveys released shortly before the end of Sir Dawda’s tenure in 1994 best demonstrated the legacy he bequeathed to The Gambia. One survey included The Gambia amongst the seven best performing economies in Africa. The other gave The Gambia the highest possible score in the domain of good governance and respect for human rights. That was indeed a strong and laudable legacy he left for the nation.
We have every reason to celebrate the legacy and work and achievements of Sir Dawda as a life well spent and fully devoted to the community. We must however as a nation now not only remember and celebrate these qualities and contributionsof the Father of the Nation. We must, particularly in these difficult and challenging times rededicate ourselves and promote adherence to those values and ideals for which he stood: the independence and sovereignty of
The Gambia, respect for the law, the rule of law, human rights and democratic principles; the promotion and maintenance of peace, national unity and solidarity; the need for tolerance, respect and patience in our relations with each other; an abiding commitment to progress, social justice and prosperity of our community, the promotion of self-reliance through TESITO.
In that way we can each of us individually and together contribute to the continued success of The Gambia project launched by Sir Dawda on 18th February 1965, a project for a peaceful, progressive and prosperous nation.
The safeguarding of the independence and sovereignty of our country for which Sir Dawda and his colleagues fought so hard must continue to be the major preoccupation of our generation and of others to come. Patriotism must be the foremost duty of every citizen. His achievement was not limited to the ceremony which unfolded at the McCarthy Square on 18th February 1965. It was given strength by Sir Dawda’s policy of self-reliance and ‘Tesito’. It is trite that no nation, no country, can be totally self sufficient economically and in all respects. In a global village world, interdependence between states is inevitable.
Nonetheless we, indeed each community, must seek to be as self-reliant as possibleand in as many spheres as we can. It seems to me that the struggle for reducing our d
