gambia

Dialogue on Building Strong Rule of Law Institutions in the Gambia & and Book Launch ‘The Gambia in Transition: Towards a New Constitutional Order’

The Gambia’s return to democracy after twenty-two years of authoritarian rule under former dictator Yahya Jammeh marked a turning point. On 19 January 2017, Adama Barrow was sworn in as President of the Republic of The Gambia. This historic development presented a new blueprint for transitioning from an authoritarian regime to a democratic dispensation. The moment also provides an opportune occasion to take stock of the systematic assaults on the constitutional, legal, and institutional frameworks under the former regime and chart a new way forward.

On October 21, Law Hub Gambia and the Institute for Human Rights and Development in Africa (IHRDA) in collaboration with the American Bar Association (ABA) Rule of Law Initiative with support from USAID is convened a dialogue on “Building Strong Rule of Law Institutions” and Book Launch- “The Gambia in Transition: Towards a New Constitutional Order” (Pretoria University Law Press, 2022), a first-of-its-kind book project that brings together diverse contributions from scholars and practitioners to provide context-specific understandings of the past, ongoing and future efforts of constitution-making, protection of human rights and enhancing accountable governance in the Gambia.

The Keynote Statement was delivered by the Chief Justice of The Gambia, Hon. Hassan B. Jallow, who launched the book.

We must revive the process, engage all the stakeholders in a national dialogue that can deliver a new constitution acceptable to the nation. It must however be a frank and honest dialogue. A dialogue which will enable us to know the real issues holding back the adoption of a new constitution. We need to know and understand the concerns of the various stakeholders. And then we must be ready to compromise; to accommodate each other. A dialogue involving critical stakeholders such as the National Assembly, the Political Parties, and the government. And supported by independent and impartial, preferably local facilitators. I believe such a process can unlock the unfortunate deadlock we currently face and help us secure a new and progressive constitution. I once again urge all the stakeholders to review the constitution making process and with that spirit, work together to ensure the adoption of a new constitutional framework for our nation
— Chief Justice of the Gambia, Hassan Bubacar Jallow

Chief Justice of the Gambia, Hassan B. Jallow- Keynote Statement & Book Launch


Prof Abdoulaye Saine - Commentary


Prof Frans Viljoen - Goodwill message


Dr. Satang Nabaneh, Co-Editor - Overview of the book


Pre-event: Authors Meet Critics

We also had a Book Talk at my alma mater, the University of The Gambia Faculty of Law, where we held an interactive and dynamic discussion with book chapter authors.

Presentation of Chapters

●      Saikou Jammeh, Malagen: <<A Case for Constitutional Guarantees for Freedom of the Media in The Gambia (Chapter 4)>>

●      Dr. Satang Nabaneh, University of Dayton: <<Women’s Political Participation in The Gambia – One Step Forward or Two Back? (Chapter 6)>>

●      Essa Njie, University of The Gambia: <<Civil Society, Elections, Democratic Restoration and Consolidation in the ‘New Gambia’ (Chapter 8) >>

●      Peter K Mendy, University of The Gambia: <<Political Representation of Ethnic Groups in The Gambia – Lessons from the Electoral System of Mauritius (Chapter 9) >>

●      Ismene Nicole Zarifis, American Bar Association Rule of Law Initiative: <<The Transitional Justice Imperative in Protecting Human rights in the New Gambia (Chapter 10)>>

Several of the chapter authors also had media engagement promoting the book.

PERSONS WITH DISABILITIES BILL, 2020

Law Hub Gambia welcomes the tabling of the Persons with Disabilities Bill, 2020 on 8 June 2020 at the second ordinary session of the National Assembly in the 2020 Legislative Year.

The Bill is intended to make provisions for the health care, social support, accessibility, rehabilitation, education and vocational training, communication, employment and work protection and promotion of basic rights for persons with disabilities and for connected matters.

The Bill if passed will be in accordance with the 1997 Constitution of The Gambia, which specifically provides for the protection and rights of persons with disabilities. These provisions include:

  •  Section 31, which states that:

(1) The right of the disabled and handicapped to respect and human dignity shall be recognised by the State and society.

(2) Disabled persons shall be entitled to protection against exploitation and to protection against discrimination, in particular as regards access to health services, education and employment.

(3) In any judicial proceedings in which a disabled person is a party, the procedure shall take his or her condition into account.

  • Section 33 recognises the equality of all persons before the law and further includes disability as a ground of discrimination.

  • Section 216(2) under social objectives provides for the establishment of policies that protect the rights and freedoms of the disabled, the aged, children and other vulnerable members of society to ensure just and equitable social opportunities

The Gambia also ratified the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol on 7 July 2015. The CRPD is an international human rights treaty that promotes and protects the human rights of persons with disabilities on an equal basis with others.

The Gambia is yet to ratify the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa (Disability Protocol) was adopted on 30 January 2018. According to Ebenezer Durojaye and Satang Nabaneh:

The African Disability Rights Protocol is a binding legal document protecting the human rights of persons with disabilities taking into account their lived realities in the continent while maintaining the core values and principles as set out in the CRPD.
— E Durojaye & S Nabaneh ‘Human rights and access to healthcare for persons with albinism in Africa’ (2019) 7 African Disability Rights Yearbook 35-58

The Protocol has not come into force as it has yet to be ratified by at least 15 member states.

Resources

Download the Final Draft Persons with Disabilities Bill, 2020

For peer review publications on disability in The Gambia, see:

S Nabaneh ‘Country report: The Gambia’ (2018) 6 African Disability Rights Yearbook, pp. 232- 248.

YM Bah ‘Disability and integration: Gambian experience study report’ (2016) 16(2) Global Journal of Science Frontier Research: I Interdisciplinary, pp. 23-33

Other publications/Reports

GBOS 2013 ‘Population and Housing Census: National disability report’ (2013)