Gambiaj.com – (BANJUL, The Gambia) – At the ongoing 85th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR), The Gambia’s National Human Rights Commission (NHRC) has expressed concern over the “forceful” arrest of members of the Gambians Against Looted Assets (GALA) movement and the continuing prevalence of sexual and gender-based violence (SGBV) across the country.
Delivering the NHRC’s statement before the continental human rights body, Ms. Matilda Mendy highlighted several human rights challenges and policy reforms in The Gambia, including freedom of assembly, transitional justice, gender equality, disability rights, and business accountability.
Right to Freedom of Assembly and Association
Ms. Mendy told the Commission that on August 22, 2025, GALA members gathered peacefully at the Public Utilities Regulatory Authority (PURA) headquarters to submit a letter protesting newly imposed GSM data tariffs. However, the assembly was met with a “forceful response” from armed police officers who dispersed the protesters and arrested 23 individuals.
She noted that the NHRC condemned the actions of the police in a public statement, calling for respect for the right to peaceful assembly and urging authorities to amend Section 5 of the Public Order Act, which currently requires a permit for protests.
“The Commission recommended that the law be amended to replace the permit requirement with a simple notification system and be presented to the National Assembly for enactment,” Ms. Mendy said. She further urged the Ministry of Interior and the Office of National Security to enhance the capacity of law enforcement officers in policing public assemblies.
Progress on Transitional Justice
Reporting on the implementation of the Government White Paper on the Truth, Reconciliation, and Reparations Commission (TRRC), Ms. Mendy said The Gambia had made “commendable progress” through key legislative reforms such as the Criminal Offences Act 2025, the Special Accountability Mechanism (TRRC) Act 2024, and the Special Prosecutor’s Office Act 2024.
She noted that the recent convictions of former Interior Minister Ousman Sonko in Switzerland and ex-Jungler Michael Sang Correa in the United States represented “landmark steps” in accountability for Jammeh-era human rights violations.
However, she warned that “concerns persist over the slow pace of implementation,” calling for greater urgency and political will to ensure justice for victims.
Women’s Rights and Gender-Based Violence
Addressing gender rights, Ms. Mendy said that despite the launch of the National Gender Policy 2025–2034, gender-based violence remains widespread. In 2024 alone, 398 cases were recorded, including 187 rapes and 70 sexual assaults.
While noting that Female Genital Mutilation (FGM) has been banned since 2015, she lamented that only three convictions have been secured. She also discussed the ongoing Supreme Court case (Almamy Gibba vs. The State) challenging the constitutionality of the anti-FGM provisions in the Women’s (Amendment) Act.
“The NHRC’s application to join the case as a defendant was unfortunately rejected by the court,” she disclosed.
The Commission urged the government to strengthen enforcement of the anti-FGM law, ensure prompt investigation and prosecution of SGBV cases, and adequately fund the National Gender Policy’s implementation.
Rights of Persons with Disabilities
Ms. Mendy acknowledged progress under the Persons with Disabilities Act 2021 and the creation of the National Advisory Council in 2023 but said enforcement remains weak.
She highlighted the barriers faced by children with disabilities in accessing education and employment, citing poor infrastructure, lack of assistive technologies, and limited political representation—only eight of 137 local councillors and none of the 53 lawmakers identify as persons with disabilities.
“The Gambia has yet to submit its required reports under the Convention on the Rights of Persons with Disabilities (CRPD),” she added, calling for renewed government commitment.
Business and Human Rights and a Call for Sustained Reform
Ms. Mendy also raised alarms over environmental and human rights violations linked to sand mining and fishmeal factories, particularly in Gunjur and other coastal areas.
She said weak governance and poor enforcement of environmental laws continue to harm communities and ecosystems, with overfishing, illegal mining, and unregulated industrial activity threatening food security.
“The UN Guiding Principles on Business and Human Rights are not widely known or applied in The Gambia,” she noted, urging the government to adopt a National Action Plan on Business and Human Rights to promote responsible corporate conduct.
Concluding her statement, Ms. Mendy reaffirmed the NHRC’s commitment to working with the government and civil society to promote accountability, gender equality, and inclusive governance.
She said, “The Gambia has made notable progress, but sustained political will, institutional reform, and community engagement remain essential to protect the rights and dignity of all citizens.”
