By Assan Bah
The National Human Rights Commission (NHRC) has advised the government of the Gambia to refrain from stifling freedom of speech and the media.
The Rights Commission said the right to freedom of expression and the media is provided for in Section 25 of the 1997 Constitution and includes the right of every person to freedom of speech and expression which it said, shall include the freedom of the press and the media, freedom of thought, conscience and belief and academic freedom.
The Rights Commission said the Gambia was ranked 5th in Africa and 46th in the World Press Freedom Index in 2023, noting that during the reporting year, the country experienced some setbacks in the rights to freedom of expression including the Media.
It said five instances of arrests involving journalists, political figures, and human rights activists, took place from August 1st to October 15, 2023.
“All these arrests were effected when the persons involved expressed their opinions on political issues through online media platforms, traditional media outlets or during a public discourse,’’ the Rights Commission said.
The commission added that on 29th September 2023, President Adama Barrow made some sweeping remarks against the media and freedom of expression in the country, and the main opposition party, while opening his National People’s Party (NPP) bureau in Bansang.
“In the speech, the President decried what he termed as ‘abuse of democracy’ and irresponsible expression of opinions on certain media platforms by mainly critics of his government,’’ the Rights Commission reported, adding that to solve this, the President indicated that he would direct the Inspector General of Police to arrest and detain persons who want to burn down the country and to re-arrest anyone granted bail by the Courts.
The Rights Commission with the other civil rights organisations condemned the President’s statement and reminded him of the need to uphold the principles and values of good governance, respect the rule of law and honour the decisions, judgments, and rulings of the Judiciary.
Additionally, concerns were also raised over charges brought against Mr. MadiJobarteh, a human rights activist, for seditious intention, false publication and broadcasting, and incitement to violence. The NHRC reports also indicated that Madi’s arrest was about comments he made on social media.
The commission reiterated its calls for the repeal of Sections 51 and 52 of the Criminal Code which still prohibits sedition and criminalises hateful remarks against the President of the Republic. It said despite the State’s acceptance of recommendations to repeal the aforementioned Sections following its participation in the third cycle of the Universal Periodic Review in November 2019,
the Commission which is mandated by an act of the National Assembly to promote and protect human rights in the Gambia, recommended that the government refrain from stifling freedom of speech, including that of the media, and take steps to repeal Sections 51-54 of the Criminal Code; and to respect, honour and enforce decisions, judgments and rulings of the Court. It advised the Government to ensure media and freedom of expression provisions contained within the Constitution, comply with international standards as outlined under Article 19 of the International Covenant on Civic and Political Rights.
