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"We must do it or allow dictatorship to prevail" - Awa Ceesay-Sabally. "It is important to secure public confidence, but people tend to unfairly look onto lawyers to stand for them" - Sheriff Tambedou. "The Bar is not a political body" - Amie Bensouda.
Thus remarked a few members of Gambia's Bar Association in a week full of activities on Monday Jan. 25th. 2010 at a seminar on Legal practice, Ethics and Advocacy, presented by Professor Kim Economides, and held at the Kairaba Beach Hotel.
Professor Kim, who is a special guest of the Bar, noted in his presentation that one common denominator that unites legal practitioners anywhere is upholding the fundamental values of human rights and freedom.
He pointed out that it is an essential element of the legal profession to stand-out and be counted; making reference to two Pakistani lawyers, whose protest against the unconstitutional removal of the Chief Justice caused them to pay dearly.
"I have pictures of those lawyers with their bloodstained cloths. This is not unique in Pakistan, the common denominator that unites legal practitioners anywhere is upholding the fundamental values of human rights and freedom," he stressed.
Professor Kim explained that they teach law in a technical way, represent people at court in a technical way and use the term justice, "but do we engage in justice?" he asked rhetorically. He argued that a good lawyer is one who is competent not a moral lawyer.
"These are essential elements to understand otherwise it does not distinguish a lawyer and a second-hand car seller," he told legal practitioners.
The seminar, which was supposedly meant to be interactive, did not lack the arguments and suggestions it deserved.
Whether to or not to speak-out when human rights are violated was the spark of arguments. Lawyer Sheriff Tambedou, a senior legal practitioner said that it is important to secure public confidence, but people tend to unfairly look to lawyers to stand for them.
However, the President of the Bar, Ms. Amie Bensouda, argued that the Bar is not a political body that shall raise alarm when human rights are violated, especially if not approached. Bensouda added that public expectation on them is not realistic, citing that members of the Bar have over the years done good jobs by representing people in courts at no cost in some instances.

Nonetheless, she said, where to draw the line when such matters arise has been the problem.
"When should the Bar make statements on current issues which can be seen political? How far should we go? Because of the lack of this precision, it is difficult to make a choice. We should have a rule to state as to what the executive can do when such critical issues arise," she stressed.
Still on human rights, Lawyer Sagarr Jahateh, admitted that human rights, especially freedom of speech, is being eroded in The Gambia. The Bar needs to stand for the people, she said, while calling on her colleagues to set up a unit at the Bar that will handle cases of human rights.
For Surahata Janneh, he believes that when it comes to human rights, the Bar should raise an alarm either by press releases or educate the people. According to him, it has been a trend that they consider themselves not a trade union, but should uphold the rule of law at all times. He cited the case of a Nigerian lawyer by the name, Femi Felani, whom he said exerted himself in the defense of human rights throughout his career, notwithstanding Nigeria's military regimes.
On her part, Awa Ceesay-Sabally, a senior legal practitioner gave a glimpse of her part in human rights issues. In April 2001, some members of the Bar had to get instructions to represent a group of students who were detained following a student strike. We went to the court, sought for their release and the Magistrate did not only declare their detention illegal, but ordered for their release. For me that was when my activism started, she explained.
Mrs. Sabally also reminded her colleagues of her involvement with the Gambia Press Union, and they were able to put aside the Media Commission Bill. She noted that there are many local statues that are not ideal in a democratic country, which she said can be declared null and void if fought for at the courts. "It cannot be a one man crusade; it must take will and courage to do so, we must do it together or allow dictatorship to prevail," she told fellow legal practitioners.
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