Know Your Rights Gambia

Are you a tenant or know someone who is? Today’s post breaks down the rights you have against your Landlord. Slide to learn more!

At the beginning of November 2023, a Bill was introduced in Parliament called the “Ex-President’s Bill 2023”.

This Bill was introduced by the Minister of Justice and according to various official news sources, it was accompanied by a certificate of urgency.

Members of the National Assembly walked out of a sitting in Banjul, protesting that the Bill was in fact not urgent at all.

Despite the different arguments/justifications a person may propose, what does the law say?

Section 101 of the Constitution outlines the procedures for introducing Bills or motions in the National Assembly.

In summary, Bills introduced to the members of the National Assembly must be accompanied by an explanatory memorandum detailing the policy, principles, defects it intends to address, and the necessity for its introduction.

The Bill must also be published in the Gazette at least 14 days before its introduction. However, these requirements can be avoided in two main instances:

a) When the Bill is introduced into the National Assembly for an appropriate committee to examine, and make a report to the National Assembly about the Bill.

b) When the President issues a certificate of urgency to declare that the Bill is urgently required in the public interest.

The question now becomes whether the said Bill was urgent and a matter of public interest? This matter is left at the mercy of the members of the National Assembly. They ultimately decide on that.

However, people need to take into account that there is already an Act called the “Former Presidents (Office, Allowance and Other Benefits) Act 2007”, in which a former President has some extensive privileges.

These privileges include:
a) A monthly allowance of D50,000
b) Personal staff ( P.A and Secretary)
c) 24/7 security service
d) Three vehicles to be maintained and fueled and drivers
e) Diplomatic passport
f) Medical services and annual vacation within and outside of The Gambia
g) A well furnished office (including not more than 4 staff, a motor vehicle and a motorcycle)
h) Maintenance of Residential accommodation (two cooks, four housekeepers and two gardeners).

In all democratic states the Freedom of the Press is a fundamental pillar and the state understands the importance of having a free press for the dissemination of information to the masses, the uncovering of the truth and holding individuals and institutions accountable.

As such the 1997 Constitution guarantees the freedom and independence of the press and other information media.

The freedom of the Press is also codified in multiple international legal instruments, some of which have been ratified by the Gambia such as the Universal Declaration of Human Rights.

Article 19 of the Declaration states that “ Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.

Although the Constitution and other legal instruments codify the freedom of the press, it cannot be said that the provisions are being upheld in the Gambia.

During the time of the former regime the violation of the freedom of press was rampant. In a widespread incident, the Gambian editor and owner of the Point newspaper Deyda Hydara who stood up to the dictatorial regime of the former president was murdered on the direct orders of President Jammeh. This was one in several incidents in which the state violated the fundamental right.

After the change of the former regime and the re-introduction of democracy in the Gambia by the election of President Barrow, most in the country believed that change had come and a period of arbitrary rule and the violation of human rights by the state would cease.

However, it comes as an unfortunate development that even with a newly elected regime, freedom of press in the Gambia is still being violated by the state.

In July 2022, Yusef D. Taylor, an editor at the Gainako online newspaper, was arrested and charged with obstruction while at the police station to cover the arrest of Nenneh Freda Gomez and Lamin Sey.

In another incident ,the journalist Bakary Mankajang was arrested in September 2023 by the police in connection with his reporting and investigation of the murder of 2 police officers. The police cited that he was being detained and charged for “interference with witnesses”.

Although enshrined in law it is unfortunate that the state continues to violate the freedom of the press to report independently without threat or harm. However, like every other right enshrined by the Constitution, individuals and institutions have the power to bring actions against the state for the violation of their rights.

The 1997 Constitution of The Gambia stipulates the fundamental rights of Gambian citizens and one such right is the right to liberty.

Section 19 of the Act states that every person shall have the right to liberty and security and that no person shall be subjected to arbitrary arrest or detention. This fundamental right is also enshrined in Article 19 of the Universal declaration of human rights which has been ratified by the government of the Gambia.

It thus makes it a requirement among several others that in an instance where a person is arrested or detained they must be informed within 3 hours, and in a language they understand the reason for their detention. In an event the person that made the arrest cannot speak a language that the arrested person can understand, a translator must be found.

The law stresses on the importance of informing one of the reasons for their arrest because the right to liberty is a fundamental one and the person whose rights are being infringed must know of the reasons why they are being detained.

An arrest without a reason being communicated is thus considered an arbitrary arrest.

The section also goes further and makes it a requirement that the arrested person must be told about their right to consult a legal practitioner.

The law also stresses on this requirement as the presence of a legal practitioner will ensure that the rights of the arrested persons are protected during detention and questioning. It is advisable to seek legal representation depending on the severity of the accusations being placed before the arrested person as anything that is said or written whilst under detention can be used in court against you.

The above requirements are put in place by the law for the avoidance of arbitrary arrest or arrest without due process by the State. It thus gives individuals a cause of action against the state for the infringement of their fundamental human rights if the procedures stipulated in the law are not followed.