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 January military officials arrested and detained Lieutenant Landing Sanneh
and at least 10 other military personnel accused of attempting to overthrow
the Government on January 15. Lieutenant Almamo Manneh and Corporal Momodou
Dumbuya, also implicated in the alleged plot, were shot and killed by
soldiers who were trying to apprehend them. The treason hearing of Lieutenant
Sanneh opened on May 12 at the High Court, but the other detained soldiers
were not brought before a military or civilian court by year's end. In
September the army announced that some of the soldiers who had been detained
at the Yundum Barracks in connection with the January 15 alleged coup were
released and returned to active duty. At year's end, at least one soldier,
the alleged coup leader, was still detained without charge.
On February 4, police arrested Momodou Wallom Jallow, an independent National
Assembly member, in his constituency in Niamina district and detained him at
the NIA headquarters in Banjul for 4 days without charge. Jallow's political
opponents allegedly reported him to the police for making favorable comments
regarding the alleged coup attempt.
In April police arrested five UDP activists of Tambakoto village, North Bank
Division and detained them at the Janjanburay prison for several days
following a fight with the village head, who subsequently seized their farm
lands (see Section 1.f.). The five claimed wrongful arrest and detention, and
complained about poor prison conditions and inadequate food (see Section
1.c.).
Following a demonstration on April 10 (see Sections 1.a., 1.c., and 2.b.),
security forces arrested hundreds of students and detained them at police
stations, military barracks, and the NIA headquarters between April 10 and
15. Some students were held incommunicado for over 72 hours, often with
little food or water. Student leaders were held for longer periods; some were
held over 2 weeks. Parents were denied access to their children. On May 18
the Supreme Court ordered the release of all students. One student detained
at the army barracks claimed that he and other students were abused and
harassed while in detention. Credible witnesses report seeing
elementary-school age children released from custody with severe bruises,
bleeding cuts, and shaved heads, and stripped of their clothes.
On April 12, police arrested a UDP National Assembly member, Buba Samura, in
Brikama while he was traveling to Banjul. He was detained incommunicado at
the Brikama Police station for several days without charge. Allegedly Samura
was arrested after he was overheard commending the students for their actions
during the April 10 and 11 demonstrations and stating that President Jammeh's
misrule caused the riots.
In May Mohamad Mboyo, a visiting journalist from the DRC, reported that he
was arrested unlawfully and detained for more than 24 hours by the police.
Mboyo was arrested by an immigration officer at the Banjul ferry terminal and
accused of "being a Nigerian" despite his identification papers to the
contrary. He allegedly was beaten, detained, and denied medical treatment.
On June 17, during a country-wide political campaign, UDP leader Ousainou
Darboe, 80 UDP supporters, and journalist Madi Ceesay were detained at the
Basse police station for 3 days following a clash between supporters of the
ruling APRC and the UDP in which an APRC supporter allegedly was killed.
Police denied the UDP party permits to hold rallies in Upper River Division
after the incident. Darboe, 24 UDP supporters, and Ceesay were charged with
the murder of the APRC supporter Alieu Njie. The Supreme Court dismissed the
charges against 19 UDP members and journalist Madi Ceesay in October;
however, the murder charge against UDP leader Darboe and 4 of his closest
associates remained in effect, and Darboe's trial began on November 1. No
decision had been made on the case by year's end.
Between June 22 and 23, security agents arrested and detained four civilians
(Ebrima Yabo, Ebrima Barrow, Momodou Marenah, Modou Saho) and two security
officers (lieutenants Lalo Jaiteh and Omar Darboe) on suspicion of attempting
to violate state security. Persons claiming to be security forces abducted
the civilians from their homes; initially, both the NIA and police denied
knowledge of their arrests and detentions. After 3 weeks of complaints by
their families, the Inspector General of Police revealed that the four
civilians and two security officers had been arraigned before a Magistrates'
Court on July 14 on charges of treason. According to their attorneys, the
accused were not charged within the constitutionally required 72 hours. At
year's end, some of the individuals were released, but others continued to be
detained pending a trial.
In June army and NIA officers arrested, detained, and held incommunicado a
local employee of a foreign embassy. He was questioned for 2 days in regard
to his official duties and ultimately released without charge.
On July 25, the police arrested the editor in chief and a journalist from the
Independent newspaper and detained them at the Banjul police station for
reporting on a hunger strike at Mile 2 Prison (see Sections 1.c. and 2.a.).
On September 2, police arrested Omar Kebba Mass, a UDP National Assembly
member, and 16 UDP supporters and detained them at the Mansaknoko police
station for approximately 13 hours without charge. The UDP officials
allegedly were detained because of a fight with APRC supporters at a football
match; the APRC supporters were not detained.
In January charges of "libel against the President" were dropped for three
journalists from The Independent newspaper.
Police arrested and detained several opposition militants. Three opposition
National Assembly members and supporters were arrested and detained during
the year, some for more than 72 hours, without charge.
The Government did not use forced exile; 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 remained 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. For
example, following the April riots, the Supreme Court ruled that the
continued detention of Gambia Student Union leaders was illegal. Also the
Supreme Court required that chieftaincy elections be held in the Saami
district in November, ruling that a presidentially appointed chief was
installed unconstitutionally following the President's dismissal of the
previous chief.
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 at year's end, the case was pending before the Supreme
Court.
The judicial system comprises the Court of Appeal, high courts, eight
magistrate's courts and a Supreme Court, which began operations in 1999.
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.
Persons have been held extended periods without trial. For example, Suwandi
Camara was arrested in Senegal in March 1997 and extradited to the Gambia in
July 1997. Subsequently, he was interrogated by the NIA and taken to Mile 2
prison; no charge was brought against him, and in December the Government
objected to his request for bail. However, on December 14, the High Court
ruled that Camara's arrest and continued detention was unlawful and
unconstitutional, and it ordered his immediate and unconditional release.
The 1998 trial of three men accused of complicity in a July 1997 coup attempt
concluded in October 1998 with the conviction of treason of the three; they
were sentenced to death. Their appeals of the convictions were pending at
year's end.
The junta that took power in 1994 appointed four commissions to investigate
individuals and organizations suspected of corruption during the First
Republic. These commissions had powers similar to a grand jury, with
additional authority to recommend the seizure of assets, to imprison and fine
for contempt, and to imprison or demand bond from individuals considered
likely to abscond. The commissions were closed in December 1999; however, no
findings were made public by year's end.
There are reports of a small number of political prisoners, including the
former AFPRC vice chairman, Lieutenant Sana Sabally, held at Mile 2 prison in
Banjul. International and domestic human rights organizations were not
permitted access to these individuals.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution prohibits such abuses; however, although the Government
generally respects these prohibitions, in practice there were some
exceptions. The Government has not canceled Decree 45, which abrogates
Constitutional safeguards against arbitrary search and permits search and
seizure of property without due process. This decree remains formally in
effect, pending a judicial finding that the decree is inconsistent with the
Constitution. In practice the Government appears not to enforce it, but no
court case has been brought to test the decree's constitutionality.
Observers assume that the Government monitors citizens possibly engaged in
activity that it deems objectionable. In the past, surveillance included
monitoring of telephones and mail. In previous years, investigating
commissions made findings resulting in the forfeiture of private property,
principally that property held by former government and parastatal officials.
The work of these commissions, which began under the AFPRC regime, is
sanctioned under the Constitution with provisions for due process; however,
it is not clear that the full rights of due process were accorded to
officials investigated by the commissions before the Constitution took
effect. The evidentiary standards applied by the commissions in ordering the
forfeiture of money and property are not clear, and orders by the commissions
have not yet been subject to effective judicial review.
Following the student demonstrations, security forces undertook a search to
arrest students suspected of participating in the demonstrations (see
Sections 1.d. and 2.b.).
The Government restricted the right to transfer funds or assets of most
senior officials of the former Jawara government accused of corruption.
In April the Tambakoto village head illegally seized the land of five UDP
activists; by year's end, the lands had not been returned.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press; however, in
practice, the Government significantly limited the full exercise of these
freedoms by using intimidation, police pressure, regulatory scrutiny, and
laws that inhibit the media. The Government also employed arrest, detention,
and interrogation to intimidate journalists and newspapers that published
articles that it considered inaccurate or sensitive (see Section 1.d.). As a
result, journalists practice a significant degree of self-censorship.
In January President Jammeh dropped the libel charges against the Independent
Newspaper's editor in chief Baba Galleh Jallow, managing editor Alhagie Yoro
Jallow, and a journalist. The Independent staff were arrested and charged for
"libel against the President" following an article they wrote in December
1999 that questioned the stability of Jammeh's marriage. However, the editors
of The Independent claimed that the Government continued to harass and
intimidate their staff and families after the charges were dropped. On June
20, immigration officers questioned Baba Galleh Jallow and Alhagie Yoro
Jallow regarding their citizenship. On July 25, Baba Galleh Jallow and
reporter Alhagie Mbye were taken to Banjul Police headquarters and detained
for 7 hours because of an article that they published regarding a hunger
strike at Mile 2 prison (see Section 1.c.).
In July President Jammeh threatened to discharge the staff of the state-owned
Gambia Radio because he suspected them of being opposition sympathizers.
Jammeh made the threat during a meeting with APRC youth wing members on the
anniversary of the July 22 coup that brought him to power. He claimed that
members of the Radio Gambia staff misrepresented his speeches in their news
bulletins, and he warned that anybody "bent on disturbing the peace and
stability of the nation will be buried 6 feet deep". Private journalists and
the general public condemned Jammeh's threat and accused him of intimidating
journalists of the public radio and television.
Decrees 70 and 71, enacted in 1996, remained in effect and continued to
inhibit free reporting. The decrees require all newspapers to post a $6,500
(100,000 Dalasis) bond or cease publication. The bond is required to ensure
payment of any penalties imposed by a court for the publication of
blasphemous or seditious articles or other libel. State-owned publications
are not subject to these decrees. The possession and distribution of
documents deemed to be "political literature" also is barred by decree. These
decrees and the fear of reprisals and government action have had a chilling
effect on the press. Although still independent, the nongovernment press
practices a significant degree of self-censorship. However, strong criticism
of the Government was frequent, and opposition views appeared in the
independent press. English, French, and other foreign newspapers and
magazines were available.
Radio broadcasts from the government station and private stations normally
reach listeners in the eastern part of the country. Private radio stations
simulcast news provided by Radio Gambia, the government station. Only one
private radio station produced independent news broadcasts throughout the
year. In 1998 the Kanifing Magistrates Court seized the independent Citizen
FM radio station and its equipment for failure to pay licensing fees. On July
3, the High Court ruled that the Government had seized Citizen FM radio
station wrongly and ordered that the station's assets be returned to the
station's proprietor. The station resumed broadcasting in October.
Occasionally there were public affairs broadcasts on at least two independent
radio stations. The British Broadcasting Corporation, Radio France
International, and other foreign news reports sometimes are rebroadcast by
local stations, and all are available via shortwave radio. Senegalese
television and radio are available in many parts of the country. Wealthy
residents also used television satellite systems for independent news
coverage.
On August 10, a group of unidentified arsonists attempted to burn the private
radio station, Radio 1 FM. Owner George Christensen, a radio announcer, and a
watchman were injured while trying to extinguish the fire. Christensen
reported that he had been alerted 2 days earlier that some persons were
planning to attack the radio station, and he had informed a senior army
officer about the matter. On August 14, a group of unidentified persons again
attempted to burn the house of a Radio 1 announcer.
Government radio and television gave very limited coverage to opposition
activities, including statements by opposition parliamentarians in the
National Assembly. In most other respects, the state media served as
propaganda instruments for the Government and its supporters.
There was convenient, inexpensive Internet access through Internet cafes and
private accounts. The Government did not restrict Internet access or
operation.
There were no reports of any government restrictions on academic freedom.
There is one national college, a university extension program, and several
smaller, private, postsecondary educational institutions.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly; however, the Government
restricted this right in practice. The authorities interfered with efforts by
the principal opposition party, the UDP, to organize public meetings.
On April 10, Gambia Student Union members attempted to hold a peaceful
demonstration to protest the alleged mishandling of the investigation into
the death of a student while in the custody of fire officers (see Section
1.a.). The students also were protesting the alleged rape of a 13-year old
school girl by an unidentified man in uniform (see Section 1.c.). When police
attempted to stop the demonstration, the student demonstrators burned tires
and threw stones. In response security forces used live ammunition against
the students, killing and injuring many students and arrested hundreds of
students (see Sections 1.a., 1.c., and 1.d.).
In June and July, the Government denied the UDP permits to hold rallies
following a clash between a group of former-July 22 APRC Movement members and
UDP supporters on June 17. The UDP was blamed for violating conditions of the
Public Order Act by using abusive words against government authorities and
individuals at public rallies. However, after July the UDP held several
rallies in the greater Banjul area without government intervention.
The Constitution provides for freedom of association; however, the Government
restricts this right in practice. Decree 89 banned from political activity
three major opposition political parties, and all former presidents, vice
presidents, and ministers until 2024. The decree's penalty of life
imprisonment for an individual or a $65,000 (1 million Dalasis) fine for an
organization considerably restricts political activity (see Section 3).
Despite the fact that the decree apparently conflicts with provisions of the
Constitution, it has not been challenged in court. The severe penalties for
violating the decree have inhibited political challenge, since most cases
would have to be brought by a person who violated the decree. The three
banned major parties have not resumed activity nor have the various political
figures covered under the ban done so.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
generally respects this right in practice.
In May 1998, the imam of the largest mosque in Brikama was arrested together
with a leading opposition party politician and eight others in a dispute over
minor construction work at a mosque that reportedly was financed by
supporters of the ruling party. In February 1999, the High Court acquitted
all of the defendants of destruction of property and discharged the case.
However, the Government filed an appeal in the High Court for the imam and
three others to be retried. The imam's lawyer filed a writ of summons in the
High Court, which ruled that it had no jurisdiction over the matter and
referred the case to a district tribunal. Subsequently, the case was filed at
the Court of Appeal, but the case was adjourned until April. At year's end,
it had not been heard. In November the imam was reinstated at the Brikama
mosque and was leading prayers.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and
Repatriation
The Constitution provides for freedom of movement but allows for "reasonable
restrictions," and there were instances in which the Government restricted
this right. Following the alleged January 15 coup attempt, armed soldiers
harassed and detained citizens and foreigners at the Denton Bridge checkpoint
for not carrying their identification cards. However, the Army Chief of
Staff, at a press conference on January 19, apologized to the victims and
called on the public to understand that the soldiers only were conducting
their duties for security reasons. There were no reported harassments and
detentions thereafter.
The authorities prohibited those under investigation for corruption or
security matters from leaving the country. A few politicians associated with
the opposition UDP also were denied passports, although they were not facing
corruption or security charges. The leader of the opposition UDP and other
opposition figures have traveled outside the country without incident.
The law does not provide for the granting of refugee and asylee status in
accordance with the 1951 U.N. Convention Relating to the Status of Refugees
and its 1967 Protocol; however, the Government cooperates with the office of
the U.N. High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees. Although there was no available estimate
of the numbers involved, the Government provides first asylum and provided it
to persons from Senegal and Guinea-Bissau during the year. The Government
works with the UNHCR and local NGO's in processing refugee claims. The
country hosts approximately 8,000 refugees from Sierra Leone, Senegal,
Guinea-Bissau, Liberia, and other countries. The Government continued to host
approximately 3,500 Senegalese refugees from the troubled Casamance region.
There were no further UNHCR repatriations to the Casamance as in previous
years.
There were no reports of the forced return of persons with a valid claim to
refugee status to a country where they feared persecution.
There were reports that on occasion, immigration authorities harassed and
detained immigrants and others (see Sections 1.c., 1.d., and 2.a.).
Section 3 Respect for Political Rights: The Right of Citizens to Change Their
Government
Despite a new Constitution and legislative elections in 1997, citizens still
do not have an effective right to change their government in practice.
Citizens attempted to exercise this right in presidential elections in 1996;
however, the few international observers who were present noted serious
problems in the electoral process. Foreign governments criticized the
election as not being free and fair, primarily because of government
intimidation, restrictions imposed by the Government on opposition campaign
efforts, and limited access to the government-owned media prior to the
election.
Government-owned media continued to deny news coverage and other access to
opposition politicians and engaged in a number of other practices that
restricted political activity (see Section 2.a.). The Government frequently
refused to authorize opposition meetings (see Section 2.b.). Decree 89 bans
three former political parties and all persons who held the offices of
president, vice president, and minister since 1965 from involvement in
politics until 2024 (see Section 2.b.). Although Decree 89 apparently is
unconstitutional, it has not been challenged in the courts and remained in
effect. The severe penalties for violating the decree have inhibited
challenge, since most cases would have to be brought by a person who violated
the decree.
In January 1997, the Constitution of the Second Republic came into effect,
and citizens chose a new National Assembly in elections whose results were
accepted by the opposition. President Jammeh's party, the Alliance for
Patriotic Reorientation and Construction (APRC) won 33 of 45 assembly seats
filled by election; 4 members are appointed by the President. Procedural
methods are used to restrict debate within the National Assembly.
The Constitution provides for the democratic election of the President every
5 years. National Assembly elections are held 3 months after the presidential
elections. Presidential elections are scheduled for 2001. Local elections
originally scheduled for 1998 were postponed; no new date has been fixed yet.
There are no legal obstacles to the participation of women in government;
however, they are underrepresented in government and politics. One of the 45
members of the National Assembly is a woman. The Vice President (who is also
Minister of Women's Affairs) is a woman, and there are two female ministers
in the Cabinet.
Section 4 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
There are several organizations whose mandates provide for human rights
monitoring. The AFPRC's Decree 81 of 1996 requires NGO's to register with the
National Advisory Council, which has the authority to deny, suspend, or
cancel the right of any NGO to operate (including that of international
NGO's). However, the Government did not take action against any NGO's during
the year.
There are three major organizations whose primary mandate is the promotion of
human rights--the International Society for Human Rights (ISHRA), the African
Center for Democracy and Human Rights Studies (ACDHRS), and the Institute for
Human Rights and Development (IHRD). Both the ISHRA and the ACDHRS have
conducted training in democratic rights and civic education. The IHRD focuses
principally on the operations of the African Commission on Human and Peoples'
Rights, an organ of the Organization of African Unity based in Banjul. Other
human rights groups included the African Society of International and
Comparative Law with two-full time staff members and the Foundation for
Research on Women's Health, Productivity, and the Environment organized in
1991 to work on issues pertaining to woman's health and productivity with two
full-time staff working on FGM.
In May 1999, President Jammeh appointed the first government ombudsman as
required in the Constitution. On May 3, 1999, the National Assembly approved
the appointment. During the year, the office of the ombudsman began
operations and was charged with investigating allegations of
maladministration, mismanagement, or discrimination; however, it did not take
significant action in these areas.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language,
or Social Status
The Constitution prohibits discrimination based on race, sex, religion,
disability, language, or social status, and the Government generally respects
these prohibitions.
Women
Domestic violence, including abuse, is a problem; it is reported
occasionally, and its occurrence is believed to be common. Police tend to
consider these incidents to be domestic issues outside of their ordinary
jurisdiction. Rape and assault are crimes under the law; rape is not common.
The law does not differentiate between married and unmarried women in this
regard. Sexual harassment is not believed to be widespread, although
individual instances have been noted.
Traditional views of women's roles result in extensive societal
discrimination in education and employment. Employment in the formal sector
is open to women at the same salary rates as men. No statutory discrimination
exists in other kinds of employment; however, women generally are employed in
endeavors such as food vending or subsistence farming.
Shari'a law usually is applied in divorce and inheritance matters for
Muslims, who make up approximately 90 percent of the population. Women
normally receive a lower proportion of assets distributed through inheritance
than do male relatives.
Marriages often are arranged and, depending on the ethnic group, polygyny is
practiced. Women in polygynous unions have property and other rights arising
from the marriage. They have the option to divorce, but not a legal right to
approve or be notified in advance of subsequent marriages.
Active women's rights groups exist; they are focused primarily on economic
issues and the elimination of female genital mutilation (FGM).
Children
The Government is committed to children's welfare. The Department of
Education and the Department of Health, Social Welfare, and Women's Affairs
are the two most generously funded departments. However, the lack of
resources limits state provision of both education and health services.
The Constitution mandates free compulsory primary education, but the state of
the educational infrastructure prevents effective compulsory education.
However, in February 1998, the President announced an end to fees for the
first 6 years of schooling, and the Government has implemented the decision.
Opportunities for secondary education are more limited. The participation of
girls in education is very low. Females constitute about 40 percent of
primary school students and roughly one-third of high school students. The
enrollment of girls is particularly low in rural areas where a combination of
poverty and socio-cultural factors influence parents' decisions not to send
girls to school.
The care and welfare of children in distress is considered primarily a family
responsibility. In cases of divorce, the Department of Social Welfare
attempts to require periodic financial support by fathers; however, there is
no criminal prosecution when fathers fail to provide financial support.
Authorities generally intervene when cases of child abuse or mistreatment are
brought to their attention; however, there is no societal pattern of abuse
against children. Any person who has carnal knowledge of a girl under the age
of 16 is guilty of a felony (except in the case of marriage, which can be as
early as 12 years of age; incest is also illegal. These laws generally are
enforced. Serious cases of abuse and violence against children are subject to
criminal penalties.
There are a few instances of child street begging. The tourist industry has
stimulated a low level of child prostitution, which is prosecuted vigorously.
In rural areas, most children assist their families in farm and housework. In
urban areas, many children work as street vendors or taxi and bus assistants
(see Section 6.d.).
Hamjatta - Kanteh
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