By Yusef Taylor, @FlexDan_YT
The Gambia is currently undergoing a Transitional Justice process after the conclusion of the Truth Reconciliation and Reparations Commission (TRRC). The Gambia Government accepted most of the recommendations submitted by the Commission back in December 2021. However, to date, many of the recommendations have not been implemented.
At least four TRRC recommendations focus on Article 19 of the Universal Declaration of Human Rights (UDHR) which dwells on Freedom of Expression. The UDHR will be commemorating 75 years since its existence on 10th December 2023 after it was launched back on 10th December 1948. This international law serves as a reference point on all matters relating to human rights.
Article 19 of the UDHR states that “everyone has the right to freedom of opinion and expression: this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.
Below are four recommendations which highlight the Gambia’s need to fully comply with Article 19 of the UDHR according to Part Seven of the TRRC Report. The recommendations state that the Government shall;
- 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 Civil and Political Rights (ICCPR).
In response to this recommendation, the Government’s White Paper states that “the Government accepts this recommendation. The Government recognises the importance of strong constitutional protections for freedom of expression and the media, noting that work is in progress towards attaining that objective”.
- Protect freedom of expression by ensuring that all provisions of the Information and Communications Act of 2013 are brought into conformity with Article 19 of the ICCPR.
In response to this recommendation, the Government’s White Paper states that “the Government accepts the recommendation of the Commission”.
- Accept in totality the submissions and recommendations on the way forward of legal position papers from Article 19 and the GPU on media law reforms in the country.
In response to this recommendation, the Government’s White Paper states that “the Government accepts the recommendation of the Commission”.
- Accept the November 2017 proposals of Article 19 on The Gambia: draft regulatory guidelines on media ownership.
In response to this recommendation, the Government’s White Paper states that “the Government accepts the recommendation of the Commission”.
Given that the Government has clearly accepted to implement these recommendations, this publication aims to highlight the urgency of some of the recommendations which will eliminate the possibility of the current government taking advantage of the current inadequate legal architecture.
This publication is necessitated by President Adama Barrow’s September 2023 and October 2023 statements against two media houses and his threat to re-arrest his critics even after being granted bail by a judge. Since the President’s statement at least two people have been arbitrarily arrested; namely Alagie Sisawo, commonly known as Alagie Bora, a comedian working for Kerr Fatou and a civil society advocate Madi Jobarteh. Prior to this one Journalist Mankajang was arrested and charged with interfering with a witness even though a court case had not commenced on the case he was working on. It’s clear that President Adama Barrow’s perceived critics face a serious threat of expressing themselves which could force many into self-censorship.
These arrests further demonstrate that until the government implements these recommendations, President Adama Barrow has the legal architecture and the intention to exploit the current legal architecture which is clearly not in line with international standards.
It’s now very urgent for the Government and in particular the Minister of Justice to implement the TRRC’s Recommendations, especially on Freedom of Expression.
