1999 Country Reports on Human Rights Practices
Released by the Bureau of Democracy, Human Rights, and Labor
U.S. Department of State, February 25, 2000

THE GAMBIA
The Gambia is ruled by President Yahya A.J.J. Jammeh, the former chairman of
the Armed Forces Provisional Ruling Council (AFPRC) that seized power in a
military coup in 1994, deposing a democratically elected government. Jammeh
resigned his military commission and was elected president in controversial
elections in September 1996, which observers considered neither free nor
fair. Three of the 13 members of the current Cabinet are retired army
officers who were Jammeh's allies during or immediately following the coup,
and the security forces continue to exert strong influence in the Government.
In January 1997, the Constitution of the Second Republic came into effect,
restoring formal constitutional government, and citizens chose a National
Assembly in elections, the results of which generally were accepted by the
opposition. Jammeh's party, the Alliance for Patriotic Reorientation and
Construction (APRC), won 33 of the 45 assembly seats filled by election. The
Constitution provides for an independent judiciary; however, the judiciary
reportedly is subject at times to executive branch pressure, especially at
lower levels, although the courts have demonstrated their independence on
occasion.

The Gambian National Army (GNA) reports to the Secretary of State for Defense
(who is now the President). The police report to the Secretary of State for
the Interior. The National Intelligence Agency (NIA), established in 1995 by
government decree, reports directly to the President but is otherwise
autonomous. Members of the security forces committed serious human rights
abuses.

The rapidly growing population of 1.3 million is divided between a rural
majority and a growing urban minority. Much of the population is engaged in
subsistence farming. The country's farmers, a majority of whom are women,
grow rice, millet, corn, and groundnuts (the country's primary export crop).
The private sector, led by tourism, trading, and fisheries, is experiencing
modest growth. However, a high population growth rate has diluted the
positive effects of economic expansion. Per capita gross domestic product is
estimated to be $360.

The Government's human rights record generally was poor, and serious problems
remained. President Jammeh's dominance and restrictions on opposition parties
continued, and in practice citizens still do not have an effective right to
change their government. Security forces sometimes beat or otherwise
mistreated detainees and prisoners. There was at least one credible report
that police severely beat an opposition figure while in custody. Prison
conditions remained very poor. Security forces at times arbitrarily arrested
and detained citizens, particularly opposition politicians and journalists.
Some of the detainees alleged harsh treatment at the hands of their captors.
The courts reportedly are subject to executive branch pressure, particularly
at lower levels, although magistrates occasionally demonstrate some
independence by ruling against the Government. However, members of the
security forces occasionally defy High Court orders with relative impunity.
The Constitution prohibits the prosecution of any member of the AFPRC for any
act or omission in the performance of official duties following the 1994
coup. The Government at times infringed on citizens' privacy rights; the
right to transfer funds or assets remained restricted for most senior
officials of the former Jawara government. The Government significantly
limited freedom of speech and of the press through intimidation and fear.
Journalists still practice self-censorship. Citizens have been arrested for
making antigovernment statements in public. The Government restricted freedom
of assembly and association. The opposition United Democratic Party (UDP), in
at least two instances, was denied permission to hold public rallies on the
grounds that it did not provide sufficient notice. Although opposition forces
were active and vocal in the National Assembly, a standing order forbade
parliamentarians from criticizing the Head of State in their debates or
discussing any matter before the courts. Although formal constitutional rule
was restored in 1997, some constitutional provisions have not been respected
in practice, and others have not been tested in the courts. An apparently
unconstitutional ban on political activity by some politicians and political
parties remains in effect and has not been subject to judicial review. The
Government at times limited freedom of movement, particularly for some senior
officials of the former Jawara government. The Government continued to
withhold passports from at least three current opposition politicians,
although in May a new passport was issued to one of the politicians.
Discrimination and violence against women persisted. The practice of female
genital mutilation (FGM) is widespread and entrenched. Child labor is common.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial killings.

The Government has not taken any action against a group of soldiers who shot
and killed a man on a beach in October 1997, despite assurances by the
Department of State for Defense that the matter would be "judiciously and
expeditiously addressed."

The circumstances of the May 1997 death of Yaya Srammeh, a rebel accused of
treason, have not been explained publicly, nor has there been an
investigation into his death.

In July 1998, the Secretary of State for the Interior stated before the
National Assembly that there had been no progress in his department's
investigation of the 1995 death of former Finance Minister Ousman Koro
Ceesay. The Government made no further statements on this matter during the
year.

There were no reported developments concerning the 1995 death of Sadibou
Haidara, a member of the junta that seized power in 1994.

In January rebels allegedly belonging to the Movement of Democratic Forces
for the Casamance (MFDC) in Senegal crossed the border and attacked the
village of Gambissara, killing two persons. On January 16, police arrested
three alleged members of the MFDC.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The Constitution forbids torture or inhuman or degrading punishment; however,
security forces sometimes beat or otherwise mistreated detainees and
prisoners. There were also reports that security forces beat military and
security detainees, and that security prisoners sometimes are threatened with
summary execution.

According to a member of the National Assembly, police allegedly severely
beat and tortured an opposition politician who was arrested and detained for
2 days (see Section 1.d.).

Police harassed citizens at checkpoints (see Section 2.d.).

There were no developments in the promised investigation of the detention and
torture of eight UDP officials in 1997. At the time of the incident, the
Government promised a full investigation and appropriate action by the
Attorney General. Since the incident, police investigators have interviewed
some witnesses, but some victims say that they have not been contacted. No
one has been arrested and no results of the investigation have been made
public.

There were no further developments in the case of the reported detention and
severe beating of UDP member Yaya Sanneh in July 1997.

Conditions at Mile 2, Janjanbureh, and Jeshwang prisons remained very poor.
Mile 2 prison was reported to be grim, overcrowded, and lacking in medical
facilities. Prisoners are locked in their cells for over 20 hours each day.
There were credible reports of beatings, malnourishment, and other harsh
treatment of political, military, and security detainees. Women are housed
separately.

Conditions in one representative local jail reportedly were unsanitary and
overcrowded. Inmates slept on cement benches or on the floor without
blankets. There was one water tap in the cell area but often no water. Police
are reluctant to terminate fistfights between prisoners until the dispute is
settled, and many of the prisoners are injured.

The International Committee of the Red Cross visited Mile 2 prison during the
year. Local nongovernmental organizations (NGO's) also generally are
permitted to visit prisons upon request. A member of the African Commission
on Human and Peoples' Rights and the Special Rapporteur on Prisons and
Conditions of Detention in Africa visited the three prisons during the year.

d. Arbitrary Arrest, Detention, or Exile

The Constitution includes provisions to protect against arbitrary arrest and
detention; however, on occasion, security forces arbitrarily arrested and
detained citizens. Periods of detention ranged from a few hours to several
days.

The Government has not revoked formally military decrees enacted prior to the
current Constitution that give the NIA and the Secretary of State for
Interior broad power to detain individuals indefinitely without charge if "in
the interest of national security." The Constitution provides that decrees
remain in effect unless inconsistent with constitutional provisions. These
detention decrees appear to be inconsistent with the Constitution, but they
have not yet been subject to judicial challenge. The Government has stated
that it no longer enforces these decrees; however, in some instances, the
Government did not respect the constitutional requirement that detainees be
brought before a court within 72 hours.

In April the NIA arrested two airport security officials and detained them
without charge for 2 days after they attempted to prevent a senior
presidential advisor from escorting a group of foreign officials onto the
airport tarmac. The presidential advisor reportedly drew his gun after being
denied entry, forced his way onto the tarmac, and then struck the more senior
of the security officials on the head with the butt of the gun. Upon being
released from detention, both security officers were fired from their jobs;
however, in July they were reinstated and the senior security officer was
promoted.

In May the NIA arrested Tata Camara, chairperson in Janjanbureh of the UDP,
and six other UDP supporters in Dankunku. Tata allegedly was discussing
privately her views of economic hardships in the country when arrested. The
arrests of the other six followed a UDP political rally held in Dankunku in
May. The six UDP supporters were released after 6 hours but Camara remained
in detention for 2 weeks.

On May 26, an opposition member, Shyngle Nyassi, was abducted from his house
in Brikama and detained without charge by the NIA. The NIA defied a High
Court order to release Nyassi, who was detained for 2 weeks, falsely claiming
that he was not in the agency's custody. The NIA released Nyassi a week after
the court-ordered time.

On July 16, a reporter from a new newspaper, The Independent, was detained
for over 2 hours. He allegedly was harassed for reporting that government
immigration officers had arrested non-citizen, disabled beggars. On July 30,
the NIA arrested six staff members of The Independent and detained them for 3
hours for questioning after the newspaper continued publishing despite a
court order to cease publication. On August 1, the NIA arrested and detained
for a day the editor in chief and the managing editor of The Independent (see
Section 2.a.).

In September a reporter from The Daily Observer and the editor in chief were
arrested and detained for questioning after publishing a story about an
alleged military skirmish in the village of Kanilai, which is President
Jammeh's home village (see Section 2.a.). The editor was released after 2
hours of questioning, but the reporter was detained for 48 hours. Both were
released without charge.

In September the chairman of the opposition National Reconciliation Party
(NRP) in Dankunku village, Musa Jallow, was arrested and detained for 2 days
by the police. He was accused of insulting President Jammeh and other
government authorities. A member of the National Assembly, who visited Jallow
during his detention, reported that Jallow had been beaten and tortured.

In May 1998, 10 persons, including UDP leader Lamin Waa Juwara and the imam
of the largest mosque in Brikama, were arrested in a politically charged
dispute over minor construction work at a mosque in Brikama (see Section
2.c.). None of those arrested was charged within the constitutionally
required 72-hour period. Charges against five of those detained were dropped.
The four that were charged with damaging public property were acquitted and
discharged by the magistrate court in February.

On December 28, three journalists with the Independent newspaper were
arrested for "libel against the President" (see Section 2.a.). They were
released on bail, but must check in with the police on a regular basis. Their
trial was pending at year's end.

The Government has made no progress in investigating the detention and
torture of eight UDP activists in 1997 (see Section 1.c.).

The Government did not exile opponents; however, former President Jawara
remains outside the country under threat of arrest and detention on
corruption charges if he returns. Other senior officials of the former
government, for example, Vice President Saihou Sabally, and Secretary General
Abdou Sara Janha, also remain outside the country, but do not face official
charges.

e. Denial of Fair Public Trial

The Constitution provides for an independent judiciary; however, the
judiciary reportedly is subject at times to executive branch pressure,
especially at the lower levels. The courts nevertheless have demonstrated
their independence on several occasions, at times in significant cases. In
February the High Court dismissed charges against some of the defendants in
the politically charged dispute concerning a mosque in Brikama (see Section
1.d.). In 1997 the Court of Appeal, the country's highest court, overturned
the treason convictions and death sentences of four men who led an abortive
coup in November 1996. The Government has appealed this decision to the Privy
Council in London, but the case was pending at year's end.

The judicial system comprises a Judicial Committee of the Privy Council
(based in London), the Court of Appeal, high courts, and eight magistrate's
courts. The Constitution provided for a reconfiguration of the courts by
which a Supreme Court would replace the Privy Council as the ultimate court
of appeal. The new Supreme Court was inaugurated in December, and a full
compliment of judges and a Chief Justice were appointed. Appeals to the Privy
Council ceased. Village chiefs preside over local courts at the village
level.

The judicial system recognizes customary, Shari'a, and general law. Customary
law covers marriage and divorce for non-Muslims, inheritance, land tenure,
tribal and clan leadership, and all other traditional and social relations.
Shari'a law is observed primarily in Muslim marriage and divorce matters.
General law, following the English model, applies to felonies, misdemeanors
in urban areas, and the formal business sector. Trials are public, and
defendants have the right to an attorney at their own cost.

The 1998 trial of three men accused of complicity in a July 1997 coup attempt
was closed to the public after the court accepted a prosecution motion that
public presentation of certain evidence would lead to a "breach of peace and
public order." One of the accused made detailed allegations of torture before
the proceedings were closed. The three were convicted of treason in October
1998 and sentenced to death; their appeals of the convictions were pending at
year's end.

Continued in part 2

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