Editorial Human Rights News

Inna lillahi wa inna ilayhi raji’un. This week marks seven years since the Gambian community and press fraternity have been mourning the loss of The Gambia’s Daily Observer

Inna lillahi wa inna ilayhi raji’un. This week marks seven years since the Gambian community and press fraternity have been mourning the loss of The Gambia’s Daily Observer, Gambia

Fatoumatta: This week marks the seventh anniversary of the Daily Observer’s closure, which signifies a setback for press freedom under President Adama Barrow’s administration. Barrow, elected on the promise of restoring democracy and bolstering a free press, has faced criticism for this act, as independent journalism suffered greatly under his predecessor, Yahya Jammeh. The shuttering of the Daily Observer is seen as unforgivable, a political error, a violation of press freedom, and a stain on Barrow’s legacy. Despite these issues, there have been improvements in press freedom in The Gambia during Barrow’s term. Efforts to foster a more open media landscape are ongoing, yet the tax-related closure of outlets like the Daily Observer continues to raise concerns.

The Gambia has seen an improvement in press freedom under the administration of Adama Barrow compared to that of his predecessor, Yahya Jammeh. Despite ongoing challenges, there have been initiatives to foster a more open environment for the media and journalists. Nevertheless, concerns arise with the shutdown of media outlets such as the Daily Observer over tax disputes.

Public reaction to the shift in press freedom under Barrow’s leadership has been varied. Some citizens welcome the increased engagement with journalists through regular press briefings and interviews, considering it a move towards greater openness and transparency. On the other hand, some critique the administration, particularly over the shutdown of media entities like the Daily Observer for tax-related reasons. This ongoing debate mirrors the intricate task of balancing media freedom with other democratic priorities.

This week marks seven years since the Daily Observer, a distinguished newspaper and incubator for world-class journalists, writers, and award-winning reporters, was established in The Gambia. Founded during the first republic by Mr. Kenneth Y Best, a veteran Liberian journalist, it has been a cornerstone for training both Gambian and non-Gambian journalists in the sub-region. The Daily Observer became the people’s voice, critiquing the PPP and Yahya Jammeh’s administration with an independent editorial policy. This changed after its acquisition by Amadou Samba and Baba Jobe, associates of Yahya Jammeh, which shifted the paper’s editorial stance towards the government.

Fatoumatta: On June 15, 2017, the Gambia Revenue Authority (GRA) mandated the Daily Observer to shut down for two weeks due to non-payment of over D17 million in tax arrears. The GRA stipulated that operations could resume if 30% of the debt was paid. However, failure to meet this condition could result in asset forfeiture. Despite proposals for installment payments, the authorities declined, and a journalist, also a former editor of a banned newspaper, offered to settle the debts to revive the paper, recognizing its role in fostering press freedom in The Gambia.

In Gambia, the democratic government has ceased the suppression of journalists and the antagonism towards private media, a change that would have been inconceivable for the country’s authorities previously. Adama Barrow’s administration has appointed senior members of the United Democratic Party to key cabinet roles, including the Foreign Minister, Finance and Economic Affairs, and Agriculture, and has included two former journalists and lawyers who are now actively opposing the Barrow Government. These individuals once complied with directives to unlawfully shut down or destroy newspaper offices and radio stations, a practice prevalent under Yahya Jammeh’s regime. Nowadays, the Tax Offices are utilized for different purposes, such as closing media houses under the pretext of enforcing tax laws.

If a man is accused of a crime, should he be punished before the judicial system determines his guilt? This question, though seemingly absurd, mirrors the predicament of The Daily Observer, a Gambian daily paper. What is the extent of the tax arrears owed by the paper? Was there a judicial review or any notice given to the proprietors?

The closure of The Daily Observer by the Gambian Government is a troubling move intended to stifle dissenting media voices. The shutdown of one of Gambia’s prominent independent newspapers is a direct attack on media freedom, and the authorities should promptly rescind their action.

The measures taken by the Gambia Revenue Authority against the Daily Observer could be construed as not only ill-intentioned but also politically motivated.

The Daily Observer Newspaper has evolved into a distinguished Gambian brand, expanding into courier and information services. Despite previous regimes’ attempts to shut it down, the newspaper has persisted.

The actions of the Gambia government appear to be politically motivated. While numerous companies with substantial debts to the Gambia Revenue Authority continue to operate, the speed at which the Authority processed this particular case is startling, given the backlog of cases pending.

Fatoumatta: The shutdown of a business can be economically devastating, affecting not only families but also other dependent companies. The closure of the Daily Observer newspaper transcends individuals like Yahya Jammeh, Amadou Samba, or Baba Jobe. It is crucial for the government to consider the impact on the newspaper’s employees, including editors, journalists, security guards, and maintenance staff, as well as the street vendors who rely on selling newspapers for their daily income. These individuals now face the loss of earnings needed for rent, food, and education. Such a decision seems to be a political misstep, akin to self-harm.

It is widely recognized that the newspaper industry globally is struggling due to the rise of electronic media and evolving information consumption habits. The closure of the Daily Observer serves as a cautionary tale for the media industry, politics, legal frameworks, and businesses at large.

As a former owner of the Independent and having experienced arbitrary shutdowns, I recognize the struggles and significance of maintaining a free and dynamic press. I have written to the Gambian Government, encouraging collaboration with the Gambian Revenue Authority and the Daily Observer to identify a resolution that permits the newspaper’s immediate reopening. This issue transcends a single publication; it embodies the core tenets of press freedom and the sustenance of numerous Gambians.

I have implored the Government to revisit the closure of the Daily Observer Newspapers to prevent rendering hundreds of employees jobless, which would detrimentally impact their family’s well-being.

Although human rights law allows the State to implement laws to ensure tax compliance, there should be additional opportunities for dialogue to reach a mutually agreeable method of fulfilling the Daily Observer Newspapers’ tax responsibilities without resorting to its closure.

The use of negotiation, mediation, and conciliation methods is necessary alongside legalistic approaches. Collecting domestic revenues through corporate taxes falls under the government’s purview, while corporate entities, including media houses, are obligated to fulfill their tax duties. The involved parties are expected to seek a mutually agreeable resolution to this matter.

Fatoumatta: The Daily Observer has played a key role in championing the right to freedom of expression, offering diverse perspectives, and ensuring checks and balances on various state and non-state actors, thereby fostering transparency and accountability. The freedoms of the media, expression, and assembly are crucial. Debating various viewpoints, policies, and actions in a fair and supportive environment is vital for enabling voters to make well-informed choices.

The abrupt shutdown of the Daily Observer Newspaper marks a regrettable moment in the evolution of democracy in The Gambia. Under Adama Barrow’s leadership, commitments were made to protect human rights, media freedom, and freedom of expression. Despite some advancements, obstacles persist. For example, the Daily Observer, allegedly linked to former president Yahya Jammeh, was closed for an extended period due to tax-related issues. Nevertheless, there have been initiatives to reopen media outlets and foster dialogue with journalists through consistent press briefings and interviews. The circumstances are intricate, yet progress has been made towards enhancing freedom of expression in the nation.

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