During a recent session, the plenary of the National Assembly (NA) rejected a proposal from the Standing Committee on Human Rights and Constitutional Matters to delete clause 57 in the Criminal Offences Bill 2020.
The committee proposed the deletion of clause 57, which addresses “Wrongfully inducing a designated boycott,” on the grounds that it violates the principle of fundamental rights and freedoms. The clause, which has 10 sub-clauses and 14 paragraphs, allows the President to designate a boycott in The Gambia if it is deemed to threaten economic life, raise discontent, or engender hostility among different groups.
The rejection of the proposal came during the consideration stage of the bill. NA Speaker Hon. Fabakary Tombong Jatta questioned the committee’s reasoning, asking why they wanted to delete the clause. In response, Hon. Suwaibou Touray, the vice chairperson of the committee, argued that people have a right to boycott, and criminalizing boycotts infringes on their rights.
However, Speaker Jatta disagreed, stating that every right has limits and that it is the responsibility of lawmakers to enact good laws. He emphasized that the President, as the elected leader, has the authority to make decisions regarding boycotts that threaten the country’s security or economy.
The Attorney General and Minister for Justice, Hon. Dawda A. Jallow, defended the clause, stating that it is not new in Gambian laws and is intended to prevent boycotts that could cripple the economy or incite violence. He clarified that the clause does not criminalize boycotts in general but only those deemed harmful to the country.
The Criminal Offences Bill 2020 aims to align the country’s criminal justice legislation with current trends by removing provisions that restrict freedom of speech, such as criminal defamation and sedition. The bill was first presented to lawmakers in June 2020 and was referred to the standing committee for scrutiny. The plenary session to consider the bill’s clauses was adjourned after completing only 87 out of over 300 clauses.
