The National Human Right Commission (NHRC), an authorized body established on 13 December 2017, to probe into the complaints and human rights violations in The Gambia, has recommended the government to amend section 5 of the Public Order Act to enable citizens to peacefully assemble without the need to require a police permit.

In their report,  which was submitted to the National Assembly on  Friday 5 June 2020, appealed to the government to take a fresh look at the Public Order Act in it’s entirety, and make sure the bill is tabled before the National Assembly.

“The right to freedom of association and assembly are fundamental human rights that underpin a democratic society in which individuals can freely express their views on issues concerning the governance of their society. The demand to exercise these rights and freedoms in The Gambia has increased in frequency largely due to the emerging conducive democratic space since 2017. However, the enjoyment of these rights is often threatened by the application of the Public Order Act,” NHRC highlighted.

The commission further stated that, even though section 25 of the 1997 constitution provides for freedom of association and assembly, the government authority however, especially the Inspector General of Police, frequently restricts or refuses to allow them to enjoy this right due to the power bestowed on him by section 5 of the Public Order act.

NHRC further added that, “In a participatory democracy, the right to freedom of association and assembly remains an indispensable avenue for critical engagement between citizens and government. These rights draw attention to issues of critical national concerns and therefore the need to safeguard them at all times, since its arbitrary application as was the case in the past, will not only undermine the basic foundations of democracy but also erodes the importance of the rights as a form of political dialogue.”

 

By: Fatoumatta Samateh

For Kairaba News Network