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. Three of the commissions completed their work in 1998, the
fourth completed its work and submitted its report. The commissions were
closed in December. No findings were made public by year's end.

There were no reports of political prisoners.

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 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.

The Government restricted the right to transfer funds or assets of some
senior officials of the former Jawara government accused of corruption.

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 limits the full exercise of these
freedoms by using intimidation, police pressure, regulatory scrutiny, and
laws that inhibit the media. As a result, journalists practice a significant
degree of self-censorship.

On July 23, the publishers of The Independent received a letter from the
Attorney General, ordering them to cease publishing until they had registered
their business name with the Commissioner of Income Tax as required by the
Business Registration Act of 1973. The Independent ignored the order and
continued to publish. On July 30, the NIA raided The Independent offices and
arrested six staff members. They were detained for questioning for 3 hours
and released without charge. On August 1, the editor in chief and the
managing editor were arrested and detained by the NIA for continuing to
publish the newspaper. They were released on August 2 (see Section 1.d.). The
Independent subsequently completed the registration of its name and resumed
publishing on August 20. On December 28, the editor in chief, the managing
editor, and a staff reporter with the Independent were arrested for "libel
against the President," after they wrote an article questioning the stability
of the President's marriage. They were released on a bail of $1,000 (10,000
dalasi) each, but must check in with the police on a regular basis. Their
trial was pending at year's end.

In early 1998, the NIA closed the country's leading independent radio
station, Citizen FM, after it broadcast a report that a senior NIA official
had been implicated in a currency counterfeiting scheme. The station also was
charged with failure to pay its licensing fees. The station's owner and news
editor were detained briefly. Despite the controversy over licensing fees, a
government press release made it clear that the station's editorial policies
were a principal reason for the government action. The press release warned
about "disciplinary measures" for reporting "allegations and unconfirmed
rumors." In July 1998, a magistrate's court ordered that the station be
forfeited to the Government for failure to pay the licensing fees, despite
repeated offers by the station's ownership to pay past due accounts. The
station's ownership has appealed the judgment; the trial resumed at the High
Court in June, but was adjourned until 2000.

The Daily Observer, the country's leading independent newspaper, also has
experienced significant governmental interference. In May the Daily Observer
was sold to a businessperson said to be more amenable to President Jammeh
than the previous management. Nevertheless, Daily Observer reporters still
encounter politically motivated resistance. In September a reporter from the
Daily Observer and the editor in chief were arrested and detained for
questioning, subsequent to an Observer article reporting on an alleged
military skirmish in the President's home village. The editor in chief was
released after 2 hours and the reporter released after 48 hours (see Section
1.d.).

In September an opposition politician was arrested, detained, and reportedly
beaten for allegedly insulting President Jammeh and other government
authorities (see Section 1.d.).

The Government employed arrest, detention, and interrogation to intimidate
journalists and newspapers that published articles that it considered
inaccurate or sensitive (see Section 1.d.). Decrees 70 and 71, enacted in
1996, remained in effect and continued to inhibit free reporting. The decrees
require all newspapers to post a $10,000 (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 is frequent, and
opposition views appear in the independent press. English, French, and other
foreign newspapers and magazines are 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. After the
closure of Citizen FM, only one private radio station produced independent
news broadcasts. However, occasionally there were public affairs broadcasts
on at least two independent radio stations. The British Broadcasting
Corporation, Voice of America, Radio France International, and other news
reports sometimes are rebroadcast by local stations, and all are available
via short-wave radio. Senegalese television and radio are available in many
parts of the country. Wealthy residents also use television satellite systems
for independent news coverage.

Government radio and television give very limited coverage to opposition
activities, including statements by opposition parliamentarians in the
National Assembly. In most other respects, the state media serve as
propaganda instruments for the Government and its supporters.

There were no reports of any government restrictions on academic freedom.
There is no university, but a university extension program completed its
fourth academic year in August.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly; however, the Government
restricts this right in practice. The authorities interfered with efforts by
the principal opposition party, the UDP, to organize public meetings. In
several instances, the Government denied UDP requests for permits to hold
political rallies on the grounds that the requests were submitted late.
Nevertheless the UDP held several well attended rallies at which leaders made
statements highly critical of the Government.

In May the police arrested a female chairperson and six other UDP supporters
for attending a political rally. The six were released within 24 hours, but
the chairperson was detained without charge for 2 weeks (see Section 1.d.).

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 $100,000 (1 million dalasi) 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. Adherents of all faiths are free
to worship without government restriction.

The foreign leadership and foreign staff members of the Ahmadiyah Islamic
branch, who left the country in 1997 claiming fear of persecution after being
criticized by the imam of the Statehouse mosque so far have not returned.
However, in 1998 the Gambian head of the Ahmadiyah branch returned from
exile, and the institutions of the Ahmadiyah, which were closed as a result
of the conflict, were reopened. The Statehouse imam has made no further
criticism of the Ahmadiyah branch.

In May 1998, the imam of the largest mosque in Brikama was arrested in a
dispute over minor construction work at a mosque that reportedly was financed
by supporters of the ruling party. The imam, a largely apolitical figure who
nevertheless is believed by many to oppose the ruling party, ordered a halt
to the construction. Subsequently he was arrested, together with a leading
opposition party politician and eight others. In February after a protracted
legal battle, all of those arrested were acquitted of charges of destruction
of property and discharged by the High Court. However, the Government refused
to allow the imam to lead prayers at the mosque both as a result of this
incident and due to pressure from his opponents in the community. The
Government's refusal to allow the imam to lead prayers was being considered
in the High Court at year's end.

The Government permits and does not limit religious instruction in schools.
Bible and Koranic studies are provided in both public and private schools
throughout the country without government restriction or interference.
Religious instruction in public schools is provided at government expense,
but is not mandatory.

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. At a major police checkpoint outside of Banjul, police and NIA
personnel reportedly harassed individuals not carrying the recently required
identification card. Even citizens who carried Gambian passports were
detained and threatened at gunpoint. However, observers reported that such
activity lessened by year's end. The authorities prohibited those under
investigation for corruption or security matters from leaving the country.
Three politicians associated with the opposition UDP also were denied
passports, although they were not facing corruption or security charges. One
of the politicians was granted a passport in May. 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 United Nations High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees. The Government provided
first asylum for approximately 3,000 persons from Senegal and Guinea-Bissau
during the year. There were no reports of the forced expulsion of persons
with a valid claim to refugee status. The Government works with the UNHCR and
local NGO's in processing refugee claims. The Gambia hosts approximately
8,000 refugees from Sierra Leone, Senegal, Guinea-Bissau, Liberia, and other
countries. The Government continues to host approximately 3,500 Senegalese
refugees from the troubled Casamance region. In August with the assistance of
the Government, the UNHCR repatriated 93 refugees to the Casamance region in
Senegal and 250 to Guinea-Bissau.

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.). In September an opposition
politician was arrested, detained, and reportedly beaten for allegedly
insulting President Jammeh and other government authorities (see Section
1.d.). 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. During the year, the Government thwarted an
opposition effort to have the National Assembly repeal Decree 89.

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 obstacles to the participation of women in government; however,
they are underrepresented in government and politics. Only 1 of 45 members of
the National Assembly is a woman. The Vice President (who is also Minister of
Health) is a woman and there are three 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 is a
new organization and 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.

continued in part 3

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