Amnesty International

Mariam

Jack-Denton

The Gambia

Dear Honorables,

I am writing to you to express grave concerns about Section 5 of the Public Order Act and provisions of the criminal code restricting freedom of assembly and freedom of expression as they contravene national and international human rights provisions.

Section 5 of the Public Order Act provides too much discretion to the Inspector General of the police to deny protests with no review mechanism. This provision has been used over the years to randomly deny protests.

In addition, the current criminal code contains several clauses restricting freedom of expression. Section 51 still criminalizes sedition as related to the president and the administration of justice, and section 52 provides for stiff penalties including imprisonment. Sedition laws often have a chilling effect on dissenting voices. Section 52A makes provision for confiscation of publications and printing machines while section 59 creates the vague offence of publishing false news with intent to “cause fear and alarm to the public”. The importation of seditious publications is barred under sections 47 and 48, while publications regarding a foreign leader or ambassador with the intent to disturb peace between Gambia and another nation is criminalized under section 60. Section 181A provides for harsh penalties, one year and/or a fine between 50,000 dalasi and 250,000 dalasi, for publishing information that is false. The “Criminal Code (Amendment) Act, 2013” broadened the definition of public servant to include the president, vice president, ministers and members of the National Assembly, and increased punishment for providing false information to a public servant to five years imprisonment and/or a fine of 50,000 dalasi.

These provisions contravene the rights to freedom of expression, peaceful assembly and association as guaranteed under section 25 of the Gambian Constitution, articles 9, 10 and 11 of the African Charter on Human and Peoples’ Rights ratified by Gambia in 1983, and articles 19, 21 and 22 of the International Covenant on Civil and Political Rights, acceded by Gambia in 1979.

I urgently call on the Gambian National Assembly to repeal these laws as soon as possible as they represent a failure on the Gambia's commitment to uphold human rights.

Sincerely,

Kebba K.

Barrow

The Gambia

Dear Honorables,

I urgently call on the Gambian National Assembly to repeal these laws as soon as possible as they represent a failure on the Gambia's commitment to uphold human rights.

Sincerely,

Samba

Jallow

The Gambia

Dear Honorables,

I urgently call on the Gambian National Assembly to repeal these laws as soon as possible as they represent a failure on the Gambia's commitment to uphold human rights.

Sincerely,

Momodou

Sisej

The Gambia

Dear Honorables,

I urgently call on the Gambian National Assembly to repeal these laws as soon as possible as they represent a failure on the Gambia's commitment to uphold human rights.

Sincerely,

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