ARTICLE 19 Senegal and West Africa, GPU, and IPI contribute to The Gambia’s fourth UPR cycle, focusing on freedom of expression, media freedom, journalist safety, and freedom of assembly. This submission evaluates progress on previous recommendations, highlights new developments, and proposes key recommendations for The Gambia.
Key Issues and Recommendations
Freedom of Expression and Freedom of the Press
- Repressive Laws: Despite supporting 15 recommendations in the previous review, The Gambia has made little progress in amending or repealing repressive laws. Key provisions in the Criminal Code are used to suppress dissent and prosecute journalists.
- Recommendations:
- Repeal or amend repressive provisions of the Criminal Code and Information and Communications Amendment Act (2013).
- Decriminalize defamation and sedition.
- Ensure full implementation of constitutional guarantees for freedom of expression and information.
Attacks on Journalists and Media Professionals
- Journalists face significant challenges, including physical assaults and press freedom violations, often perpetrated by police or political party militants.
- Recommendations:
- Investigate and bring perpetrators of attacks on journalists to justice.
- Support capacity-building for law enforcement and judiciary on journalist safety.
- Promote self-regulation of the media and cease harassment of journalists.
- Right to Protest
- Protests in The Gambia often require police authorization, leading to crackdowns on unauthorized demonstrations.
- Recommendations:
- Align protest regulations with international human rights standards by removing the requirement for police authorization.
- Ensure equal application of the right to peaceful assembly.
- Conduct transparent investigations into excessive use of force allegations.
- Other Recent Developments
- TRRC Recommendations: Significant reforms are needed, including repealing archaic laws and reforming the constitution.
- Recommendations:
- Fully implement TRRC recommendations.
- Re-engage in constitutional reform.
- Proposed Cybercrime Bill
- The proposed bill raises human rights concerns, potentially curtailing online freedom of expression.
- Recommendations:
- Review and amend the bill to align with international standards.
- Address civil society feedback to prevent the bill from restricting fundamental rights.
- Remove provisions criminalizing false news.