TREC/001/4/12: Recommendation on Freedom of Expression and Protection of Journalists in The Gambia
We the participants at the NGO Forum preceding the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) and the 25th African human Rights Book fair held from 14th-16 April, 2012 in Banjul, The Gambia
Conscious that Freedom of Expression plays a vital role in the effective enjoyment of all other human rights and conscious that the assuring safety and security of journalists forms an integral part of the protection of the rights to information
Noting with sadness that the State of The Gambia continues to regulate freedom of expression and access to information in the country by means of a legal framework made of laws (official secrets act, media laws, criminal code with offences of sedition, false information, defamation, etc.) that fail to meet international applicable standards as well as the Gambian constitution
Drawing the attention of the Commission to the blocking of internet news sites by the government in the Gambia
Deeply concerned by the fact that The Gambia does not have in its current cabinet a Minister in charge of information whose role is vital in the effective implementation of freedom of expression and related rights
Recalling previous Resolutions of the African Commission on Human and Peoples’ Rights relative to the situation of freedom of expression and the protection of journalists in The Gambia, particularly Resolution No. ACHPR/Res. 134 (XXXXIV) 2008 adopted at its 44th Ordinary Session held in Abuja, Nigeria, from 10 to 24 November 2008 and the 2011 Resolution on freedom of expression, access to information and Protection of journalists in Africa (ACHPR/Res.178 (XLIX) 2011)
Appalled that while recommendations made to the Gambia by the African Commission on Human and Peoples’ Rights have yet to be addressed by the State of The Gambia, violations of freedom of expression have unfortunately amplified in scope, type, nature and number despite the fact that this country hosts the primarily human rights monitoring body in Africa,
We urge the African Commission to:
- Appeal to The Gambia Government to urgently engage in a comprehensive media law reform by repealing all draconian laws, especially the criminal defamation, false news and sedition provisions to comply with the Declaration of Principles on Freedom of Expression in Africa;
- Grant access to the Special Rapporteur on FoE/Access to Information in Africa to visit The Gambia and proceed on a fact finding mission and dialogue with all the stakeholders;
- Urge the Government of The Gambia to immediately release Chief Ebrima Manneh; and
- Conduct an independent and impartial enquiry on the murder of Deyda Hydara.
Done in Banjul – 16 April, 2012
