This call was made by the National Human Rights Commission (NHRC), which believes access to information is a human right as guaranteed by the constitution.
The 1997 Constitution has provisions which guarantee the right to freedom of expression such as Section 25 subsection 1(a), which states every person shall have the right to freedom of speech and expression, including freedom of the press and other media.
"The National Assembly passed the Access to Information Act on 1st July 2021, and assented to by the President on 8th August 2021. The Act recognises, for the first time in the history of The Gambia, the right to access public records and information as a fundamental human right," the NHRC states in its 2021 State of Human Rights Report
"It also provides for the procedures to be in place to access information held by public authorities and officials."
"Thus, the Act will allow citizens, journalists, students and civil society organisations to easily access government data to enhance accountability and transparency."
"Compared to previous years, 2021 witnessed a decline in state censorship of the media, particularly violence against Journalists."
"However, sedition remains an offence under the Criminal Code, with a severe penalty including imprisonment term," the rights body further adds in its report.
NHRC also raises concerns over criminal defamation and false publication, which are still punishable under Sections 178 - 179 and 181A of the Criminal Code respectively.
"The state has still not amended section 25(4) and 209 of the constitution or repealed sections 173A of the Information and Communications Amendment Act 2013 and Section 51 and 52 of the Criminal Code, which criminalises hateful remarks against the President of the Republic, despite its acceptance of the recommendations as per the 2019 Universal Periodic Review."
"Thus, laws still exist which restrict freedom of expression. Furthermore, the state is still not implementing the United Nations Plan of Action on the Safety of Journalists and the issues of Impunity.
Aside from recommending to government to "put in place the infrastructure to enforce the Access to Information Act, the Commission has also urged state to implement the United Nations Plan of Action on the Safety of journalists and issues of impunity, popularise the Access To Information Act and enforce it provisions and to also repeal sections 51-54 of the Criminal Code.
