By Momodou Jarju
The National Assembly has approved a proposal from its standing committee on human rights and constitutional matters to amend sub-clause 2 of Clause 58 of the Criminal Offences Bill 2020 aimed at punishing a person who incites violence and hate speech in The Gambia.
The lawmakers made the amendment at the consideration stage of the aforesaid bill on Monday March 11, 2024 in a plenary session chaired by the speaker, Hon. Fabakary Tombong Jatta.
Sub-clause 2 of clause 58 read as follows:
(2) A person who –
(a) utters, prints, or publishes through radio, television, computer system or network, at a public place or rally or in some other way publicly incites to or makes available to the public tracts, pictures or other material instigating violence or hatred directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, descent, color, gender, disability or any other characteristics,
(b) promotes feelings of ill will and hostility between different classes of the population,
(c) before the public at large incites hatred against any national, ethnic, racial or religious group,
commits an offence and is liable on conviction to imprisonment for five years.
The standing committee recommended that a person who commits the above-mentioned offence be imprisoned for not less than three years and not more than five years, instead of five years.
However, Kiang West lawmaker Hon. Lamin Ceesay recommended for the offender to face 10 years imprisonment, arguing that hate speech is getting serious in the country and severe measures ought to be taken to address the phenomenon. But the lawmakers came to a compromise that it’s fair for the offender to face the aforementioned proposal the standing committee proposed.
Also, in sub-clause 5 of Clause 58, the standing committee proposed the inclusion of physical or virtual in defining assembly. The amended clause now reads: “For the purpose of this section, an “assembly” means physical or virtual gathering of three or more persons.”
Other amendments include:
The National Assembly human rights standing committee proposed the amendment of Clause 1 to be cited as the Criminal Offences Act, 2024 instead of the Criminal Offences Bill, 2020, which was approved.
The standing committee also recommended amendment of the definition of “disciplined forces” in Clause 3 under Interpretation. They proposed the clause be defined as “armed and security forces” as opposed to “the armed forces or the National Youth Service”. The committee noted that the National Youth Service is not a security force which was affirmed by the Attorney General and Minister for Justice, Hon. Dawda A. Jallow.
The standing committee further proposed Clause 44 to stand as part of the bill with the following amendment; “inciting mutiny” instead of “inciting to munity”.
The assembly also amended Clause 46 on “inducing members of the armed forces or policemen to desert”. They proposed the clause to stand as part of the bill to be cited as “A person who by any means whatsoever, directly or indirectly procures or persuades or attempts to procure or persuade any member of the armed forces or the police force to desert, commits an offence and is liable on conviction to imprisonment for not less than two years and not more than five years, instead of “… two years”.
Meanwhile, the criminal offences bill, which was presented before lawmakers for the first reading on June 22, 2020, seeks to align the country’s criminal justice legislation with current trends by removing all provisions inimical to freedom of speech such as criminal defamation and sedition among others.
It was read for the second time on July 13, 2020 where it was referred to the aforementioned standing committee for scrutiny and report back to the plenary, which was done on Monday December 4, 2023 when the august assembly adopted the committee’s report.
Nonetheless, the member for Foni Bintang, Hon. Bakary Badjie, moved a motion for the assembly to sit beyond 6pm to be able to complete the consideration stage of the bill, which was seconded by the member for Sanimentereng, Hon. Fatou Cham. But this motion was rescinded later by Gibbi Mballow, member for Lower Fulladu West, for the assembly to end the session which was seconded by Hon. Assan Touray, member for Bakau.
The plenary were supposed to scrutinise every clause and schedule in the bill, as well as proffer amendments to be debated and voted on. But they couldn’t complete the over 300 clauses earmarked for consideration. Only 87 clauses were completed!
The assembly session was then adjourned till Tuesday 12 March 2024.
