The new report, The human cost of overfishing: How the overuse of fisheries resources in Sanyang threatens human rights, examines the human rights impact of the fishing industry, including the activities of fishmeal and fish oil factories (FMFO) and the damage caused by foreign-owned industrial trawlers. In June 2021 and March-April 2022, Amnesty International conducted research in Banjul, the capital, and the coastal region of Sanyang which is both a tourism hub and a centre for fishing where a large fish oil factory is located. 

Malpractice by certain actors in the fishing industry is harming the environment and undermining people’s livelihoods. The Gambian authorities must urgently take all necessary steps to hold them to account and protect the human rights of affected communities including their economic and social rights. 

Samira Daoud, Regional Director for West and Central Africa, Amnesty International

“The Gambian government and international community actors operating in the affected areas must ensure that foreign vessels and FMFO factories respect both national and international fishing regulations. It is crucial that local communities remain able to catch fish using sustainable methods.” 

It is estimated that Gambia, Mauritania, Senegal, Guinea Bissau, Guinea, Sierra Leone together lose USD 2.3 billion annually to illegal fishing. 

The report includes testimonies from fisherpersons, vendors, and restaurant owners in Sanyang, all of whom have seen their livelihoods threatened by the depletion of fish stocks. Many are struggling to buy enough fish due to a hike in prices. 

‘Socio-economic rights under threat’ 

The situation in Sanyang, a coastal village reliant on the fishing sector, is particularly dire. In addition to the presence of foreign-owned industrial boats, which sometimes carry out illegal fishing, Nessim Fishing And Fish Processing Co., Ltd (Nessim), a foreign-owned FMFO factory, was built in the community in the end of 2017 and started operating in 2018. 

The primary species targeted by FMFO factories are sardinella and bonga fish, which are essential to both the livelihood of coastal communities as well as being a hitherto affordable source of protein. 

“Local communities are being deprived of their right to a decent standard of living as well as their right to health and food. The Gambian authorities must take urgent action to both better protect the environment and the fundamental rights of these communities. The socio-economic rights of communities in Sanyang are particularly under threat,” said Samira Daoud. 

Women farmers working near Nessim’s factory say the productivity of their land has decreased, due to an increase since the factory commenced operations of pests and insects that destroy their vegetables. As a result, they are struggling to grow sufficient produce and have seen their profits drop. 

If the coronavirus has bankrupted businesses, the fishmeal factory is doing worse than that […] We know corona would last a particular moment in time but about the fishmeal factory, we do not know when we are going to be out of the situation.”  

A restaurant owner in Sanyang

 Owners of restaurants, lodges and juice bars along the beach all say they have lost clients due to the stench generated by the factory which Amnesty delegates experienced during their mission. This is severely impacting the local tourism industry. 

Foreign vessels ‘take all the fish’ 

Local artisans in the fishing industry, including those who dry fish or work in smokeries, say foreign-owned fishing vessels drastically deplete fish, regardless of the regulations. A fisherman in Sanyang said: “Fishing has been difficult since we saw the big boats… they take all the fish.” 

Abi*, a fish dryer, told Amnesty International: “Work is difficult now because there is no fish […]. I work for small boats. We work for them, and they give us fish as payment. Sometimes, they give us fish that we sell and don’t even get GMD50 (US$0.80) for it.” 

Fishery workers are often forced to compete with foreign industrial vessels, which often, in the absence of sufficient patrols by the Gambian Navy, venture closer to the coast than they are authorized to do so in areas reserved for artisanal fishermen. 

These illegal fishing practices severely impact the livelihoods of local communities, who depend on fishing for their survival. They also bring a risk of food insecurity, as fish provide a crucial source of protein for Gambians. The large quantity of fish exported each year through the activities of foreign industrial boats and fishmeal factories is rapidly depleting available fish stocks for local communities. 

Destroying the local environment 

The impact of overfishing on the environment is also deeply concerning. With fish populations declining to unsustainable levels, the biodiversity of marine life — there are at least 500 species of fish in The Gambia — is under threat.  

In 2020, a report by the UN’s Food and Agriculture Organization (FAO) found that both sardinella and bonga fish are being overexploited, while stocks of sardines are also being undermined. This overexploitation is due to the activities of all actors in the fishing industry, including fishmeal factories. 

Members of the local community in Sanyang also expressed grave concerns about the environment. Nessim has been fined several times by the National Environmental Agency for not properly treating its wastewater, which it discharges into the sea. Fishermen that supply the factory have also dumped dead fish back into the water on several occasions after Nessim declined to purchase them, leaving the beach covered in dead fish. 

“The Gambian authorities must thoroughly investigate the socio-economic and environmental impact of fishmeal and fish oil factories and provide remedies to those affected in the local community,” said Samira Daoud. 

A lack of transparency and consultation 

Many residents in Sanyang said Nessim, which started operating in the area in 2018, did not adequately consult with local communities. The company says it conducted consultations with the community before commencing its operations, yet more than a dozen residents impacted by the factory’s activities told Amnesty International they were not aware of any consultations taking place. 

The Alkalo (local chief) of Sanyang said: “The problem is that the right information was not coming to the council of Elders. The MoU never went to the community. It was between the former development chairman on behalf of the community and the company, but no one has ever seen this MoU,” he said. 

None of the women Amnesty International spoke to who have been gardening for decades on the site next to the factory were consulted about its arrival. One of them said: “Before the factory was built, this is where we were making rice. We just saw boys cutting into the lands and [the former chairman of the Village Development Committee] told us that they will give us rice… It was a community land, a rice field for all people.”  

“The Gambian authorities must ensure that companies, as part of their Environmental Impact Assessment Study, hold meaningful consultations with communities potentially affected by their project before their work begins which is mandated by the 2014 Environmental Impact Assessment Regulations. Nessim must regularly consult with the community and comply with the UN Guiding Principles on Business and Human Rights, including by implementing a due diligence process to address the factory’s impact on human rights,” said Samira Daoud. 

“The government must also make public information about fishmeal factories and the number of foreign vessels authorized to fish in Gambia’s waters. It must also allocate the necessary resources for the Navy to combat IUU fishing. The Gambian authorities and international community actors operating in Gambia’s waters must act now to protect the rights of local fishing communities and preserve the environment for future generations.” 

All companies in the fishmeal supply chain should also be conducting human rights due diligence, which can include public reporting about the origins of their products. Companies purchasing fishmeal should map their supply chains and analyse the human rights risks that they may be directly linked to, through their relationship with suppliers. 

Background 

Amnesty International observed first-hand some of the impacts the scarcity of fish and the company’s activities have on the community. The delegation interviewed 63 people, including Nessim Fishing and Fish Processing workers, members of civil society organizations, government officials, hospitality staff, and other affected members of the community.  

The socio-economic and environmental impact of overfishing in Gambia are in contradiction with Gambia’s obligations under the ICESCR and the African Charter on Human and Peoples’ rights, specifically regarding the right to food, the right to work and the right to health. 

*Name changed to protect identity 

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“As he starts a second term in office, President Adama Barrow must tackle the huge challenge of ending impunity for human rights violations committed during the regime of former President Yahya Jammeh which starts with prosecuting alleged perpetrators in fair trials before criminal courts.

“The President’s agenda must also include the repeal of laws restricting freedom of expression and freedom of assembly which can still be liberally used to muzzle dissenting voices.

We regret that President Barrow did not sign Amnesty International’s seven-point human rights manifesto contrary to several other presidential candidates.

Michèle Eken, Amnesty International West Africa researcher.

“In addition to protecting freedom of expression, freedom of assembly and fighting impunity, the manifesto includes commitments to take a tougher stance on ending sexual, gender-based violence and discrimination towards women, to promote access to food, employment, education, housing and health, to adopt a national law prohibiting torture and to remove death penalty provisions from Gambia’s statute books.

‘’It’s not too late for the President to make this clear commitment to tackle these pressing issues and we urge him to do so.”

Background

During the electoral campaign in November, Amnesty International delegates presented a seven-point human rights manifesto co-signed by 10 Gambian human rights organizations to as many political parties and candidates as possible.

Amnesty delegates met with eight political parties and candidates, seven of which signed the human rights manifesto including four presidential candidates.

Despite contacting President Barrow’s party multiple times by email, text and telephone, the delegation was unable to meet with them. Amnesty International sent the manifesto to them several weeks prior to election day but did not receive a response regarding the endorsement.

The commissioners of the Gambian Truth, Reconciliation and Reparations Commission submitted their final report to President Adama Barrow on 25 November.

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“The Commission’s report must give way to an unequivocal commitment from the Gambian authorities that justice and reparations will finally be delivered to the victims of decades of human rights violations under President Yahya Jammeh’s regime.

“For more than 20 years, Gambians who fell foul of Jammeh’s regime were tortured, extrajudicially executed, and arbitrarily held for extended periods. Human rights violations including enforced disappearances, sexual and gender based-violence and attacks on the freedoms of expression and peaceful assembly were rampant.

Now that the TRRC has submitted its recommendations, the government can bring to light the truth about this dark period in the country’s history and ensure that the victims can receive reparations for what they suffered.

Michèle Eken, Amnesty International West Africa researcher.

“Perpetrators, some of whom are still in the security apparatus should be brought to court and authorities must ensure that these state-sponsored human rights violations are never repeated.” 

Background

Today, the TRRC commissioners of the Gambian Truth, Reconciliation and Reparations Commission (TRRC) submitted their final report to President Adama Barrow.

Established in December 2017, the main objective of the TRRC was to create an impartial historical record of violations and abuses of human rights from July 1994 to January 2017 in order to “promote healing and reconciliation, respond to the needs of the victims, address impunity, and prevent a repetition of the violations and abuses suffered by making recommendations for the establishment of appropriate preventive mechanisms, including institutional and legal reforms.”

It was also meant to establish and make known the fate or whereabouts of disappeared victims and grant reparations to victims in appropriate cases. On 15 October 2018, President Adama Barrow appointed and swore in the 11 Commissioners of the TRRC which began its hearings on 7 January 2019. It submitted its Interim Report to the Government on 29 April 2020.

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Despite Gambian President Adama Barrow’s pledge to reform the country nearly five years ago, oppressive laws curtailing human rights including the rights to freedom of expression and peaceful assembly, which were used under former President Yahya Jammeh to suppress peaceful dissent remain operative, Amnesty International said in a new analysis published today.

“Upon assuming power in 2017, President Adama Barrow vowed to carry out critical reform in the country and to reverse the oppression which characterized the previous government. Nearly five years later, Gambia’s legislative landscape has barely changed.”

Michele Eken, Amnesty International West Africa researcher.

“There is still no new Constitution. Punitive and restrictive legal provisions on human rights, particularly the rights to freedom of expression, and peaceful assembly among other issues are still on the statute books. What’s more, the current parliamentary session, which represents one of the rare opportunities to make significant legal reforms and changes consistent with the country’s international human rights obligations before the presidential election in December, is expected to end by next week.”

On 14 February 2018, the Court of Justice of Economic Community of West African States (ECOWAS) issued a judgment that found most Gambian media laws violated freedom of expression. The court asked the government to repeal or amend all criminal laws on libel, sedition, and false news in line with Gambia’s obligations under international human rights law.

However, most of the laws which were used to oppress human rights defenders, activists and journalists during Jammeh’s rule are still in force.

Among the most notorious are: Section 138 of the Information and Communications Act, which gives national security agencies, investigating authorities and the Public Utilities Regulatory Authority the powers to monitor, intercept and store communications for surveillance purposes without effective judicial oversight. 

As it stands, the current Criminal Code still contains several clauses restricting the right to freedom of expression, criminalizing sedition as related to the President and providing for stiff penalties, including imprisonment, for those who dare to criticize the authorities – a concern for journalists and human rights defenders. It also allows for the confiscation of publications and printing machines.  

Legal provisions muzzle dissenting voices

The Gambian Press Union (GPU) told Amnesty International that the laws continue to create a hostile environment for journalists. While attacks on journalists have fallen under President Barrow, several high-profile arrests have shown the risk of these repressive laws being used to muzzle dissenting voices more widely.

On 30 June 2020, human rights defender Madi Jobarteh was charged with spreading false information under Section 181A of the Criminal Code after he stated during a Black Lives Matter protest on 27 June that the government had failed to investigate the killings of three Gambian citizens by police officers. The charges were dropped the following month.   

On 26 January 2020, the police closed local radio stations King FM and Home Digital FM after they covered a protest that was violently suppressed by the police. Police also arrested and charged the stations’ owners and managers with broadcasting incendiary messages and inciting violence. Although the charges were eventually dropped, their broadcasting licenses were suspended for one month.

More attacks on journalists are feared as we are coming close to the elections. The country is increasingly polarized, especially because attacks are not investigated. In the last four years, we recorded more than 15 cases of assaults from police and supporters of political parties. Not a single one of those cases was prosecuted.” 

A member of the GPU said.

Public Order Act used to suppress protests

Section 5 of the Public Order Act requiring permission from the police to protest remains in force and has been used to restrict public gatherings over the past five years.

For example, in June 2021, the Inspector General (IG) of police denied permission for a pro-Barrow group, “Gambia for 5 Years and Peace Building”, to protest against a decision of the electoral commission to allow the mayor of the capital Banjul to issue attestations to voters.

In January 2020, the police responded with force when “Three Years Jotna”, a group demanding that President Barrow resigns, allegedly deviated from their approved route while protesting. The authorities then banned the group and arrested four of its members. In May 2021, the Attorney General finally withdrew criminal charges against them.

“The Public Order Act has had a huge bearing on peaceful protests and assembly. They arrest people protesting peacefully without the IG’s permission, they randomly refuse permits. There have been various discussions about it, but it is not moving,” said a member of an international organization working on human rights in Gambia. 

Danger of repressive laws

Despite the many efforts of civil society and the international community, the government has so far failed to pass a new Constitution. Instead, the Gambian parliament rejected a draft Constitution in September 2020.

Therefore, Article 69 of the current Constitution, which provides for full civil immunity and limited jurisdiction over criminal proceedings against the President after he leaves office, remains in place.

The current Constitution also gives blanket immunity to members of the Armed Forces Provisional Ruling Council and individuals appointed by them, as well as any member of the government or individuals allegedly involved in the 1994 coup d’état.

In addition, the death penalty, which was abolished in the draft Constitution, remains. Courts continue to hand down death sentences.

Moreover, members of parliament have yet to pass the Prevention and Prohibition of Torture Bill, which has been pending at the National Assembly since last year.

Positive steps

Despite slow progress in reforming repressive laws, Amnesty International welcomed the enactment of the Access to Information law on 1 July 2021, designed to help the public and the media to access information.

Another positive development has been the National Human Rights Commission, which was established by an act passed by the National Assembly in 2017 and became operational in 2019.

It has the power to “receive and hear complaints from the public on human rights violations, recommend appropriate remedial actions to the Government and seeks appropriate remedial actions on behalf of victims.” The independence of the Commission and adequate resources are crucial for it to carry on being effective and impartial.  

“The establishment of the National Human Rights Commission shows what is possible. Gambians who have waited so long for a recourse when their rights are violated must not wait any longer,” said Michèle Eken.

Amnesty International is calling for alleged perpetrators of human rights violations to be prosecuted following concerns from civil society that members of Jammeh’s regime who admitted to their crimes at the Truth, Reconciliation and Reparations Commission (TRRC) are still in the security apparatus.

The establishment of the Truth, Reconciliation and Reparations Commission was a crucial first step towards fighting impunity. But it cannot be judged a success if the government fails to effectively implement its recommendations.”

Michele Eken.

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This announcement is made public as the organization remembers him with great fondness on the anniversary of his passing on 25 May 2018. Following a call for applications issued two months ago, the selection committee received a total of 274 applications. Four candidates – two women and two men – were chosen as the recipients of the first edition of Gaëtan Mootoo Human Rights Defender Fellowship.

Gaetan’s unrelenting pursuit of justice saw him achieve human rights victories where others might have given up. His deep compassion for the individuals whose freedom he sought to secure, and his unwavering dedication and humility, distinguish him as a human rights champion we can all aspire to become.

Agnes Callamard, Amnesty International’s Secretary General.

“Gaetan’s unrelenting pursuit of justice saw him achieve human rights victories where others might have given up. His deep compassion for the individuals whose freedom he sought to secure, and his unwavering dedication and humility, distinguish him as a human rights champion we can all aspire to become. Through his work as a dogged human rights investigator, he changed the lives of untold numbers of people around the world,” said Agnes Callamard, Amnesty International’s Secretary General.

“His loss both in the human rights world and as a dear friend is so keenly felt, and together with his family, we honour his memory and his enormous legacy by giving the opportunity to others to follow in his footsteps in demanding a fairer world. I’m delighted to congratulate the successful applicants.”

Through the Gaetan Mootoo Fellowship, Tathi Yende Viviane (Cameroon), Charlin Ulderel Kinouanii Ntnondele (Republic of Congo), Alphonsine Demba (Sénégal), and Faithe Kouassi Sylvain (Côte d’Ivoire) will be sponsored to attend the online René Cassin Foundation International Institute for Human Rights Summer School which will take place from 5-24 July 2021. The online course will focus on international human rights law and international criminal and humanitarian law.

The four awardees, aged between 29 and 31 years, have already embarked on their human rights paths in their respective countries. They have been inspired to follow in Gaëtan’s footsteps and are working to bring justice to their respective communities.  

“The fellowship is an opportunity for me to set up a strong network of human rights defenders. It will also allow me to learn to better practice my passion, which is the defence of human rights in my community,” said Tathi Yende Viviane from Cameroon.

Republic of Congo’s civil society activist Charlin Ulderel Kinouanii Ntnondele’s said his commitment is motivated by the deprivation of his right to education during a five year armed conflict in his country.

“That is why it is necessary for me to attend such a course, which will help me better stand up for human rights and the consolidation of democracy in my country,” he said.Senegalese citizen Alphonsine Demba whose work focuses on women’s and children’s rights found the opportunity of the fellowship helped deepen her knowledge of human rights.

“In the future, I plan to use the knowledge gained during the course to join a large human rights organization and work to better stand up for human rights and campaign for the effective implementation of conventions signed and ratified by our countries,’’ she said.

For his part, young Ivorian human rights defender Sylvain Kouassi Faithe said he will use the training to better defend the rights of minority groups and prevent human rights violations in the central region of the country where he lives.

Gaëtan’s human rights research covered many parts of West and Central Africa – Côte d’Ivoire, Burkina Faso, Chad, Guinea, Mali, Mauritania, Niger, Senegal, Sierra Leone and Togo. His meticulous findings and careful analysis led to the release of many prisoners of conscience, helped secure justice and reparations for many victims, and assisted many affected communities in their processes of recovery after human rights abuses.

“Standing up against human rights violations is more and more challenging as the world around us rapidly transforms and sources of repression mutate. We must keep up with the pace of change, address the issues of today but be astute, adaptive and engaging too so that we also defend human rights for the future,” said Agnes Callamard.

“We must foster and equip young activists and young leaders now. We must share knowledge, exchange and collaborate with them to help empower their action in their human rights realities. And we must remove old barriers and open new doors so that their strength, innovation and vision drive the global human rights movement today and tomorrow. This bursary is an important step towards that human rights reality.”

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“Yesterday’s crackdown on protesters had alarming echoes of Gambia’s brutal past. There have been some significant improvements in the country’s human rights record since President Adama Barrow came to power, but the use of excessive force by security forces to disperse protesters risks fuelling tensions and steering Gambia back to dark days of repression.

Yesterday’s crackdown on protesters had alarming echoes of Gambia’s brutal past. There have been some significant improvements in the country’s human rights record since President Adama Barrow came to power, but the use of excessive force by security forces to disperse protesters risks fuelling tensions and steering Gambia back to dark days of repression.

Marta Colomer, Amnesty International’s Acting Deputy Regional Director for West and Central

“Last night, media quoted medical officials reporting that three people were killed, and many others injured with broken legs in clashes which broke out, with security forces using tear gas to disperse protesters. The authorities claimed that there are no fatalities. They now must promptly, thoroughly and effectively investigate the allegations and bring to justice anyone suspected to be responsible.

“No one should face arrest simply for exercising their human rights to freedom of expression and peaceful assembly. The authorities must immediately and unconditionally release all those detained for exercising their right to peaceful protest. We also call on them to reopen the radio stations which they closed and release the journalists detained. Any attack on media freedom should end.

“President Adama Barrow must not forget his significant promises to improve the Gambia’s human rights situation. He must ensure that journalists are able to carry out their work without fear of reprisal and immediately lift the ban imposed on civil society organizations.”

Background

Yesterday, clashes erupted in the outskirts of Gambian capital Banjul where activists from “Three Years Jotna movement” (Three Years Enough) had planned a peaceful protest against President Adama Barrow’s decision to stay in office for five years. When he took office in 2017, Barrow pledged to step down after three.

The protest, which was first authorized, was later banned. It turned violent when demonstrators tried to change their itinerary to get closer to the city centre according to reports. The security forces then used tear gas to disperse protesters who responded by throwing stones. 
A statement issued late yesterday by a government spokesperson confirmed the arrest of 137 protesters including the leader of the ‘’Three Years Jotna movement’’. 

Authorities also banned the “Three Years Jotna movement”, which they say is not legally registered. They also announced the suspension of two radio FM stations – Brikama-based Home Digital FM and Tallinding Kunjang-based King FM radio stations – pending the outcome of police investigations into alleged license violations. The Government claimed that the “two FM stations have demonstrated notoriety for peddling incendiary messages and allowing their media to be used as platforms for inciting violence, fear-mongering and live broadcasts urging Gambians to join Jotna demonstrators all calculated to threaten the security and safety of The Gambia.”

During a meeting with President Adama Barrow in the capital Banjul in May 2019, Amnesty International delegates noted the major progress made in the two years since his inauguration but drew attention to serious human rights violations in Gambia which still need to be addressed urgently.

On 25 January 2020, hundreds of Gambians protested calling for justice over human rights violations and abuses, including forced disappearances, rape, and murder, which occurred during former President Yahya Jammeh’s 22-year rule. This followed another gathering from Jammeh’s supporters who, on 16 January, protested for his right to return from exile.

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On Wednesday, 11 December 2019, Myanmar will respond to The Gambia’s allegations in court for the first time.

The first public hearings will take place between 10-12 December. The Gambia has asked the ICJ to order Myanmar to take ‘provisional measures’ ‘to protect the rights of the Rohingya group’ and prevent all acts that amount to or contribute to the crime of genocide against the community, pending formal hearings on the case.

The government of Myanmar – including Aung San Suu Kyi – has continued to dismiss, downplay or otherwise deny these accusations.

Nicholas Bequelin

Nicholas Bequelin, Amnesty International’s Regional Director, said:

“There is a mountain of evidence that the Myanmar military has committed crimes under international law and grave human rights violations against the Rohingya population. Yet the government of Myanmar – including Aung San Suu Kyi – has continued to dismiss, downplay or otherwise deny these accusations.

“So far, the military have evaded justice for their crimes against the Rohingya, while continuing to commit new abuses against other ethnic minorities in the country.

“If Aung San Suu Kyi is serious about serving the people of Myanmar, she should be standing side by side with victims and survivors in the pursuit of justice, truth and reparation. She should not be covering up for those suspected of criminal responsibility.”

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“The President’s commutation of these death sentences to life imprisonment is an important milestone for Gambia which is slowly and steadily moving away from the death penalty.

Less than a week ago, Amnesty International met with President Adama Barrow who confirmed to us his commitment to outlaw this cruel punishment – it’s good to see him take another concrete step against the death penalty.

Marie-Evelyne Petrus Barry, Amnesty International West and Central Africa Regional Director-

“Less than a week ago, Amnesty International met with President Adama Barrow who confirmed to us his commitment to outlaw this cruel punishment – it’s good to see him take another concrete step against the death penalty.

“This decision is a positive step, however we want the authorities to go further by abolishing the death penalty for all crimes without delay, including in the country’s future constitution.

“We also hope they will implement our recommendations to repeal draconian media laws, reform the security sector and end discrimination against women.”

Background

Gambia’s Attorney General and Justice Minister, Aboubacarr Tambadou, said yesterday that President Adama Barrow has commuted the death sentences of 22 prisoners to life imprisonment.

This followed an Amnesty International mission to Gambia to present to the authorities a series of recommendations covering 10 areas of reform to protect and promote human rights. The recommendations include the abolition of the death penalty and commutation of all death sentences to terms of imprisonment.

In February 2018, President Adama Barrow announced the establishment of an official moratorium on executions. In September 2018, Gambia ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty thus becoming the 86th State Party to the treaty.

Amnesty International opposes the death penalty in all cases without exception regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to kill the prisoner. The death penalty violates the right to life as proclaimed in the Universal Declaration of Human Rights. It is the ultimate cruel, inhuman and degrading punishment.

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During a meeting with President Adama Barrow in the capital Banjul today, Amnesty International delegates noted the major progress made in the two years since his inauguration but drew attention to serious human rights violations in Gambia which still need to be addressed urgently.

While acknowledging that there is still much to do to improve respect for human rights in Gambia, President Barrow also recognized the challenges the country is facing in what he considers as “a transition period”.

Referring to the Gambian Truth, Reconciliation and Reparations Commission (TRRC) which began hearings on 7 January 2019, President Barrow told Amnesty International that at the end of its investigations, the government will look at the recommendations and prosecute those who are suspected to have committed grave human rights violations and abuses during former President Yahya Jammeh’s rule and ensure that they face justice.

President Adama Barrow also told Amnesty International he is committed to outlaw the death penalty, “as part of his legacies to the country.”

While Gambia has come a long way regarding respect for human rights under President Barrow’s leadership, there are still areas that need improvement to achieve a better human rights record.

Marie-Evelyne Petrus Barry, Amnesty International’s West and Central Africa Director

“While Gambia has come a long way regarding respect for human rights under President Barrow’s leadership, there are still areas that need improvement to achieve a better human rights record,” said Marie-Evelyne Petrus Barry, Amnesty International’s West and Central Africa Director. 
“We still see security forces using excessive force to disperse peaceful gatherings. Prison conditions are desperately poor, and we have credible evidence that teenagers as young as 15 years old are being held with adults without trial. Arbitrary arrests and detention still occur. If Gambia wants to go way from the poor human rights record it has had for many years, the country must accelerate its reforms and ensure that laws restricting freedom of speech and assembly are changed.”
  
The Anti-Crime Unit in the Police Force which was created in April last year has been accused of arbitrarily arresting and detaining individuals. 
 
In January this year, Omar Touray a member of the former ruling party was arrested and detained for five days without being presented before a judge. Other cases of arrests and detentions include the case of Dr Ismaila Ceesay who was arrested in January 2018 after he gave an interview to a newspaper where he reportedly criticized the president. He was later released and charges against him dropped. In June 2017, youth activist and journalist Baboucarr Sey was subjected to arbitrary arrest and detention for leading a community initiative to protest the acquisition of a football field by a private company. 
 
Amnesty International also took the occasion of its meeting with President Barrow to underline the need to improve the conditions in prison facilities such as Mile 2 and Janjanbureh, and reform relevant legislation in line with international standards. The situation was especially bad at Mile 2 prison, where Amnesty International documented that young boys of 15 and 16 years old were detained alongside adults for months without being brought to a court.
 
“We asked President Barrow to publicly instruct the Anti-Crime Unit, the army and the State Intelligence Services not to detain people beyond the 72-hour period which is permitted by law,” said Marie-Evelyne Petrus Barry.
 
“The President should also provide the leadership needed to ensure that relevant authorities move swiftly to improve the dire conditions in prison facilities across the country and reform relevant legislation in line with international standards.”
 
In an extremely disturbing episode in June 2018, three people were killed, and many others injured when armed policemen opened fire on peaceful protesters in the village of Faraba, 40 km outside of Banjul. A commission of inquiry that was set up to investigate the deadly incident recommended that suspected perpetrators should be brought to justice, but they were pardoned by the President.  

Cases of violations of the right to freedom of expression have been recorded since President Barrow was elected in January 2017. For example, the Occupy Westfield group which was set up to campaign against the numerous power cuts and water shortages in the country, was denied the right to protest.

Amnesty International has recommended during its meeting with the President that Gambia repeals laws that restrict the rights to freedom of expression, freedom of peaceful assembly and association. These include the offence of holding a procession without a permit under Gambia’s Public Order Act, and the offence of unlawful assembly under the Criminal Code. 

Amnesty International

The authorities publicly spoke about getting rid of the death penalty in the country’s future constitution and has gone further to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. However, these important steps have been seriously undermined by the fact that at least three people were sentenced to death in 2018. 
The Gambian authorities should follow up on its commitments including the ratification of the Second Protocol by implementing laws that abolish the death penalty for all crimes without delay and commuting all death sentences to terms of imprisonment. Today, President Adama Barrow told Amnesty International he is committed to outlaw the death penalty, “as part of his legacies to the country.”

Background

At the meeting with Gambian President Adama Barrow, Amnesty International discussed a series of recommendations covering 10 areas of reform. These include guaranteeing the rights to freedom of expression, freedom of peaceful assembly and association; end arbitrary arrest, detention and torture; protect and promote women and girls’ rights, and end impunity for human rights violations.

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Of the 29 countries in sub-Saharan Africa that still retain the death penalty in law, only four – Botswana, Somalia, South Sudan and Sudan – carried out executions in 2018.

Of the 29 countries in sub-Saharan Africa that still retain the death penalty in law, only four – Botswana, Somalia, South Sudan and Sudan – carried out executions in 2018. Although Botswana and Sudan resumed executions last year, having not carried out any in 2017, the overall number of known executions in the region went down from 28 in 2017 to 24 in 2018. This drop was mainly due to Somalia, which usually carried out the highest number of executions in sub-Saharan Africa, executing less people last year than it did in 2017.

The presence of these four countries on the list of executing countries in the region is not surprising as they are notorious adherents to the death penalty and have consistently implemented death sentences in the last decade.

Of particular concern is the surge in executions in South Sudan, last year the country executed seven people – the highest number since gaining independence in 2011 – and has already surpassed this grim record by executing eight people in the first three months of 2019 alone.

Of particular concern is the surge in executions in South Sudan, last year the country executed seven people – the highest number since gaining independence in 2011 – and has already surpassed this grim record by executing eight people in the first three months of 2019 alone.

Although 17 countries in sub-Saharan Africa imposed death sentences in 2018, eight of these are abolitionist in practice because they have not executed anyone during the last 10 years and are believed to have a policy or established practice of not carrying out executions.

At the end of last year, at least 4,241 people were known to be on death row across sub-Saharan Africa; each individual with their own story.

At the end of last year, at least 4,241 people were known to be on death row across sub-Saharan Africa; each individual with their own story, and a reminder that thousands of people are at imminent risk of their lives being taken away by the state.

One such individual is 17-year-old Magai Matiop Ngong who, in 2017, was convicted in South Sudan for murder, a crime he claims was an accident, following a trial in which he was not represented by a lawyer. During his trial Magai told the judge he was just 15 years old, but this was disregarded, and despite a strict prohibition against the use of the death penalty against minors under both South Sudanese law and the UN Convention on the Rights of the Child, he was sentenced to death. 

The feeling is not good at all because no one likes to die. To be informed that you are going to die, I am not happy for that. My hope is to be out and to continue with my school.

17 year old on death row

As Magai languishes in Juba Central Prison waiting for the outcome of his appeal, he reflects: ‘The feeling is not good at all because no one likes to die. To be informed that you are going to die, I am not happy for that. My hope is to be out and to continue with my school.’

While South Sudan’s growing use of the death penalty puts dozens of people like Magai at risk of execution, other countries such as Burkina Faso and Gambia have chosen to take a different path.

Burkina Faso and Gambia have chosen to take a different path

In Burkina Faso, the death penalty was deleted from a new Penal Code that became law in June; this effectively abolished the death penalty for ordinary crimes only as the death penalty remains in the country’s military law for exceptional crimes. In addition, a provision expressly outlawing the death penalty has been included in a new draft constitution which may be adopted this year.

Also, President Adama Barrow of Gambia continued to entrench his commitment to rid his country of the death penalty. In February 2018, he announced the establishment of an official moratorium on executions. In September, Gambia became the 86^th State Party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; an international treaty which commits Gambia not to carry out executions and take necessary measures to abolish the death penalty.

Four decades ago no country in sub-Saharan Africa had abolished the ultimate cruel punishment for all crimes. Today, 20 countries in the region have done so. It is hoped that before too long Burkina Faso and Gambia will join these countries, and others will follow. Despite a minority of countries holding the region back, Sub-Saharan Africa is on course to completely abolish the death penalty, the trajectory may be slow, but, it is steady.

This piece was first published in the Daily Nation on 11 April 2019.

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“The start of the TRRC hearings is an important initial step towards securing justice, truth and reparations in Gambia and shows a strong commitment by the government to break with a past of systematic human rights violations.

The start of the TRRC hearings is an important initial step towards securing justice, truth and reparations in Gambia and shows a strong commitment by the government to break with a past of systematic human rights violations

Marie-Evelyne Petrus Barry Amnesty International West and Central Africa Director

“We hope that the testimonies and the information collected during these hearings will enable the truth to be known and made public and contribute to a renewed commitment to justice and accountability for all those Gambians that have been victims of human rights violations for more than 22 years.
“The efforts of the government to make this TRRC as inclusive as possible, working with civil society and including all regions of the country, will hopefully give all victims who want to testify the opportunity of expressing themselves publicly and freely.”

BackgroundThe Truth, Reconciliation and Reparations Commission (TRRC) was established and launched on 5th October 2018 to look into alleged human rights violations during the 22-year rule of former Gambian President Yahya Jammeh. Its hearings start today in the capital Banjul.

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In August 2012, under the regime of former President Yahya Jammeh, nine prisoners were executed in one night. Not even their families or lawyers were notified beforehand, while the UN described the killings as “arbitrary”.

Almost half of the 18 countries in West Africa have now abolished the death penalty

Yet last month, on the 53rd anniversary of the country’s independence on 18 February, President Adama Barrow announced an official moratorium on executions as a step towards abolition of the death penalty. Belatedly but resolutely, Gambia is moving away from this cruel, inhuman and degrading punishment. Almost half of the 18 countries in West Africa have now abolished the death penalty .

But not all countries are progressing on the death penalty, unfortunately some are taking steps backwards.In 2016, Sierra Leone’s Minister of Internal Affairs publicly ordered the gallows to be cleaned and affirmed his support of the death penalty, despite the former Attorney General making a commitment before the United Nations in 2014 that Sierra Leone would abolish the death penalty. In 2017, a government white paper rejected the Constitutional Review Commission’s recommendation to abolish the death penalty.

Cases such as this highlight the need for a push for abolition of the death penalty in Africa. The reasons for abolition are many. For one, there is no credible evidence to prove that the death penalty deters crime.  Professor Jeffrey Fagan in a UN publication, published in 2015, stated: “Whether the offense is murder, a drug related crime or terrorism, the scientific evidence for deterrence is unreliable, inconclusive and, in many instances, simply wrong.”

The death penalty is also often discriminatory and used disproportionately against the poor and minorities. Often those executed are not only those who committed the worst crimes, but those who are too poor to hire skilled lawyers to defend themselves, or those who face particularly harsh prosecutors or judges.

My lawyer says he cannot work if he does not have money

One man told me

Amnesty International interviewed 107 death row prisoners out of 148 in Ghana between 2016 and 2017. Although three quarters of prisoners had a lawyer at their trial, appointed by the underfunded Ghana Legal Aid Scheme, several prisoners said that their lawyers did not attend all the hearings and they did not have enough time to talk to them. A number said their lawyers asked for payment.

“My lawyer says he cannot work if he does not have money,” one man told me.   According to the Ghana Prison Service, only 12 death row prisoners have appealed since 2006. Half of these appeals had been successful. However, most on death row did not know about their right to appeal or how to get legal aid, and less than a quarter of death row inmates had been able to appeal their cases.

A woman told me a private lawyer asked for 60 million cedi (more than US$12,000) to file an appeal. Another said his appeal had stalled when his lawyer asked for more money.  The death penalty is irreversible and does not leave any possibility for rehabilitation of the offender. No criminal justice system is capable of deciding fairly, consistently and infallibly who should live or die. The risk of executing the innocent can never be eliminated.

I worked on an appeal for the longest serving woman on death row in Sierra Leone. MK was arrested for killing her step-daughter in 2003, and sentenced to death in 2005. She did not receive legal advice or assistance from the time of her arrest until before her trial in 2005.  

MK, who is illiterate, thumb-printed a confession which was later used during her trial. Granted a state-assigned defence lawyer at the beginning of the trial, she was able to discuss her case only three times and for no more than 15 minutes each.

Upon conviction, she was not informed that she had only 21 days to appeal. Furthermore, her file was not sent to the President’s office for further review as required by law.

MK was pregnant and had a miscarriage whilst in prison. A new lawyer hired by a local NGO AdvocAid filed an appeal before the Court of Appeal in 2008, but this was rejected as it was found to be too late.

In November 2010, however, the Court of Appeal agreed to hear her case again. In March 2011 the Court of Appeal agreed with the AdvocAid lawyers representing MK that the various procedural irregularities during MK’s trial rendered it invalid. MK’s conviction was overturned and she was released after six years on death row.

On 22 May 2017, the African Commission on Human and Peoples’ Rights adopted a resolution on the Right to Life in Africa. It urged countries that have established a moratorium on executions to take steps towards abolition, and others to immediately establish a moratorium on executions.

In West Africa, no Anglophone country has abolished the death penalty, with Francophone and Lusophone countries taking the lead. President Barrow’s announcement provides hope that perhaps Gambia will be the first.

The Original of this Article was published by the AFRICA PORTAL 

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