At the heart of the foundation’s position is a demand for a shift from the current permit-based system for public gatherings to a notification system. It is a recommendation already put forward by the National Human Rights Commission, and one the foundation says is critical to protecting citizens’ constitutional rights.
The group is also calling on the National Assembly to work closely with the government to introduce a bill amending Section 5 of the Act. In addition, it wants the Ministry of Justice and its Post-TRRC Unit to collaborate with the Alliance of Victim-Led Organisations, civil society groups, and the National Human Rights Commission to launch broad consultations and build national consensus around the reform process.
While acknowledging progress made under the current administration in advancing transitional justice and democratic governance through institutions like the TRRC, NHRC, and the Victims Reparation Commission, the foundation warns that serious challenges remain.
It points to growing concerns over the handling of peaceful protests. Evidence, it says, shows that assemblies are largely peaceful when permitted, but tensions rise when permits are denied or when force is used. In 2026 alone, more than 63 young people were reportedly arrested during peaceful demonstrations, with 23 still facing legal proceedings.
The foundation traces a pattern stretching from the April 2000 student killings to the death of Ebrima Solo Sandeng and continuing arrests of activists and youth movements up to 2026. In its view, the Act has consistently been used to restrict dissent, effectively placing a constitutional right under the discretion of the Inspector General of Police.
Describing the law as a colonial relic designed to suppress dissent, the foundation argues that it does not promote public participation or accountability. Though recognised by the Supreme Court as part of Gambian law, it insists the Act remains unjust and incompatible with democratic values.
The foundation maintains that reform is not optional but urgent. Moving to a notification system, strengthening safeguards, and ensuring accountability in policing, it says, would not only improve public order but also rebuild public trust.
It warns, it risks undermining the country’s transition from dictatorship to democracy.
