The report noted that a complaint was received by the Commission on 3rd May 2022 regarding the comments by the President against a renowned human rights activist, in a statement made at the Ed-ul Fitr (Koriteh) meeting with the Muslim Elders of Banjul.
"Consequently, the Commission wrote to the Office of the President to express concern over these remarks and reminded the Government of its obligations to respect, protect and fulfill human rights, including the protection of the right to freedom of expression and the right to life as guaranteed by the 1997 Constitution of the Republic of The Gambia and other regional and international human rights instruments ratified by The Gambia."
The Commission further noted that the NHRC subsequently received a letter dated 14th July 2022 from the Ministry of Justice emanating from the Office of the President guaranteeing the right to freedom of expression of the said activist and all individuals.
The release reminds that sedition remains an offence under the Criminal Code and carries a severe penalty including an imprisonment term, while reiterating that criminal defamation and false publication are still punishable under Sections 178 – 179 and 181A of the Criminal Code respectively.
"The State is yet to amend Sections 25(4) and 209 of the Constitution or repeal Section 173A of the Information and Communications Amendment Act 2013 and Sections 51 and 52 of the Criminal Code which criminalises hateful remarks against the President of the Republic despite its acceptance of recommendations to repeal these sections following its participation in the third cycle of the Universal Periodic Review in November 2019. Furthermore, the Access to Information Act 2021 is also yet to be effectively put into force and the Commission established under the Act is yet to be operational."
The right to freedom of speech and expression, the report states, including freedom of the press or the media and academic freedom, are guaranteed under section 25 of the 1997 Constitution of The Gambia. It added that compared to previous years, 2022 witnessed a decline in State censorship of the media, particularly violence against journalists. The Commission stated that there has also been a notable proliferation of privately-owned and independent news media in The Gambia, including online media.
The Commission recommended to the Ministry of Information to fully implement the United Nations Plan of Action on the Safety of Journalists and the Issues of Impunity; 2022 State of Human Rights Report 29; put in place all the infrastructure to enforce the Access to Information Act 2021, including the establishment of the Information Commission; popularise the Access to Information Act 2021 and enforce its provisions; take steps to repeal sections 51-54 of the Criminal Code; encourage self-regulation of the media; and fully support the Media Council of The Gambia.
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