THE ABSENCE OF INDEPENDENT OVERSIGHT INSTITUTIONS HINDERS THE WORK OF HUMAN RIGHTS DEFENDERS

By Musa Barrow

Sam Sarr, Editor in Chief of Foroyaa Newspaper has indicated that the absence of checks and balances and separation of powers of the arms of the state hinder the work of Human rights defenders. The Foroyaa editor made these remarks recently at Paradise suites Hotel in a presentation to African Human Rights defenders on Tuesday, 11 May 2010.

Mr. Sarr said the removal of judges, including the Chief Justice, from office by the President without appearing before a tribunal established by the National Assembly as required by the constitution deprives them of security of tenure. He added that comments by the executive that Judges are not human Rights defenders also weakens judicial oversight in matter of Human Rights.

Mr. Sarr made reference to many judicial orders such as the order of the high court to release Kanyiba Kanyi and the ECOWAS Court to release Chief Ebrima Manneh and pay him compensation for unlawful detention. The state simply claims that they are not under its custody but nothing is shown to prove that diligent investigation is being done. He further explained that even though the constitution of this country states that suspects should not be detained beyond 72 hours without being taken before a court of law, the common practice is that detainees are often detained beyond this period while the state remains silent, sometimes for years.

Editor Sarr further informed the gathering that given Gambia’s present political reality, it would be wishful thinking to rely on the legislature to support human rights defenders. He said more than 87 percent of elected representatives belong to the ruling party who appear to support whatever the executive tables at the National Assembly. He went further to say that in fact the ruling party amended its constitution to empower the party leader to expel a party member which makes the member to lose his/her seat. This amendment has given the party leader more control over the members of the National Assembly who would consequently tend to support any move by the Executive at the National Assembly. He gave as an example the enactment of Media Commission Bill which the National Assembly passed overwhelmingly in 2002 but which the same National Assembly repealed when it was tabled by the Executive in 2004.

He added that in accordance with the constitution the National Assembly has established committees to scrutinise the Executive but there is no human rights committee of the National Assembly.

Mr. Sarr argued that given the absence of strong oversight institutions to promote and protect human rights the situation of a human rights defender becomes a monumental challenge.

He cited the Protocol on Democracy and Human Rights to which The Gambia is a signatory and emphasised that The Gambia should honour its pledge and establish a human rights commission to receive complaints of human rights violations and prepare reports of the human rights situation in The Gambia for the network.