Germany for his suspected involvement in
the killings of about 55 West African migrants
in July 2005. In December, the National
Assembly passed the anti-corruption bill.
RIGHT TO TRUTH, JUSTICE AND
REPARATION
In April, a study commissioned by Journalists
for Justice, a not-for-profit organization,
highlighted shortcomings in the Truth,
Reconciliation and Reparations Commission
(TRRC)’s reparation programme, including
lack of communication, a limited definition of
“victim”, the exclusion of some survivors of
sexual and gender-based violence, and
inadequate monetary compensation. The
study notably echoed the concerns of a
victims-led organization and the findings of a
2022 report by several NGOs, including the
International Center for Transitional Justice
on reparations for survivors of sexual and
gender-based violence in Gambia.
In May, the government issued an
implementation plan for the TRRC’s
recommendations and announced that the
EU had pledged EUR 9 million to help
Gambia in the transitional justice process in
partnership with the UN Development
Programme, which would provide technical
support. The implementation plan provided
for the creation of a Special Prosecutor’s
Office and a hybrid court in collaboration with
ECOWAS “to try those with the greatest
responsibility”. In July, the government stated
that it would establish a taskforce, which
would include members of civil society, to
expand the work already done by the TRRC
on enforced disappearance.
In July, the ECOWAS Court of Justice ruled
that Gambia had violated the right to life of
Saul Ndow, a critic of Yahya Jammeh’s
government – who was subjected to enforced
disappearance – and that despite the
establishment of the TRRC, the almost 10year delay in prosecuting those suspected to
be responsible was unreasonable. The court
also ordered the government to implement
the TRRC’s recommendations.
The State of the World’s Human Rights
FREEDOM OF EXPRESSION
According to the World Press Freedom Index
of Reporters Without Borders, Gambia
ranked 46th in the world and fifth in Africa in
2023. The organization noted that the
country had made progress but also called
on the government to abolish draconian
media laws which continued to restrict the
right to freedom of expression and media
freedom. Section 51 of the Criminal Code
Act, for example, criminalizes sedition against
the president, and section 59 creates the
vague offence of publishing false news with
intent to “cause fear and alarm to the
public”, punishable by two years’
imprisonment.
In June, the Gambian Press Union
condemned the assault on two journalists at
a political event and called on the police to
investigate the incident and end the cycle of
impunity. According to the organization, none
of the 15 cases of assault on journalists they
had recorded from 2017 to 2022 had been
investigated.
TORTURE AND OTHER ILL-TREATMENT
In March, the Prevention against Torture Act
was passed by the National Assembly. The
law aimed to prevent, and ensure
accountability for, acts of torture and other illtreatment.
WOMEN’S AND GIRLS’ RIGHTS
The Sexual Offences Act continued to
exclude marital rape as an offence, despite
previous calls by human rights activists to
criminalize it.
In March, the head of the UN reproductive
and sexual health agency stated that one in
every two young girls in Gambia had
undergone female genital mutilation, and that
despite the fact that it was outlawed in 2015,
there had been little enforcement, with only
two cases going to trial and no convictions.
She also noted that period poverty – the
inability to pay for menstrual hygiene
products – was rife throughout the country,
particularly in rural areas. In August, three
women were sentenced by a magistrate’s
court in the Central River Region to a fine of
175
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