This excerpt has been retrieved from the archives of the US govt - Dept of State: Released by the Bureau of Democracy, Human Rights, and Labor, February 26, 1999. THE GAMBIA The Gambia is ruled by President Yahya A.J.J. Jammeh, the former chairman of the Armed Forces Provisional Ruling Council (AFPRC) that seized power in a military coup in 1994, deposing the democratically-elected government of Sir Dawda Jawara. Jammeh resigned his military commission and was elected president in controversial elections in September 1996, which observers considered neither free nor fair. Three of the 13 members of the Cabinet are retired army officers who were Jammeh's allies during or immediately following the coup, and the security forces continue to exert strong influence in the Government. In January 1997, the Constitution of the Second Republic came into effect, restoring formal constitutional government, and citizens chose a National Assembly in elections whose results generally were accepted by the opposition. Jammeh's party, the Alliance for Patriotic Reorientation and Construction (APRC), won 33 of the 45 Assembly seats filled by election. The Constitution provides for an independent judiciary; however, the judiciary reportedly is subject at times to executive branch pressure, especially at lower levels, but the courts have demonstrated their independence on occasion. The Gambian National Army (GNA) reports to the Secretary of State for Defense (who is now the President). The police report to the Secretary of State for the Interior. The National Intelligence Agency (NIA), established in 1995 by government decree, reports directly to the President but is otherwise autonomous. Members of the security forces committed serious human rights abuses. The Gambia's population of 1.3 million is divided between a rural majority and a rapidly growing urban minority. Much of the population is engaged in subsistence farming; the country's farmers, a majority of whom are women, grow rice, millet, corn, and groundnuts, the country's primary export crop. The private sector, led by tourism, trading, and fisheries, has rebounded from a number of external shocks and is experiencing modest growth. A high population growth rate dilutes the positive effect of economic expansion. Per capita gross domestic product is estimated to be $360. There continued to be serious problems in the Government's human rights record; the human rights situation improved in a few areas but worsened in others. President Jammeh's dominance and restrictions on opposition parties continued, and in practice citizens still do not have an effective right to change their government. Security forces sometimes beat or otherwise mistreat detainees and prisoners. An agent of the State beat an opposition politician. Two individuals detained, but not charged, for participation in a November 1994 coup attempt were released; however, there were credible reports that these and other individuals accused of security offenses had been subjected to beatings and other harsh treatment while in prison. Prison conditions remained poor. Security forces at times arbitrarily arrested and detained citizens. The courts reportedly are responsive to executive branch pressure, particularly at lower levels, although they demonstrated their independence by ruling against the Government in some instances. However, in March police defied a High Court order to cease denying meeting permits to the leading opposition party (subsequently the police have obeyed the order). The Constitution declares illegal the prosecution of any member of the AFPRC for any official act or omission in the performance of official duties following the 1994 coup. The Government at times infringed on citizens' privacy rights; the right to transfer funds or assets remained restricted for some senior officials of the former Jawara government. The Government significantly limits freedom of speech and of the press. Government intimidation led journalists to practice self-censorship. The Government restricted freedom of assembly and association. The opposition United Democratic Party (UDP) frequently was denied permission to hold public rallies. Although opposition forces were active and vocal in the National Assembly, a standing order forbade parliamentarians from criticizing the Head of State in their debates or discussing any matter before the courts. Although formal constitutional rule was restored in 1997, some constitutional provisions have not been respected in practice and others have not been tested in the courts. An apparently unconstitutional ban on political activity by some politicians and political parties remains in effect and has not been subject to judicial review. The Government at times limited freedom of movement; the right to travel for some senior officials of the former Jawara government remained restricted. The Government also withheld passports from at least two current opposition politicians, and the Secretary of State for the Interior publicly defended these practices. Discrimination and violence against women persists. The practice of female genital mutilation (FGM) is widespread and entrenched. Child labor is common. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Political and Other Extrajudicial Killing There were no reports of political or other extrajudicial killings. No action was taken against a group of soldiers who shot and killed a man on a beach in October 1997, despite assurances by the Department of State for Defense that the matter would be "judiciously and expeditiously addressed." The circumstances of the death of Yaya Drammeh, a rebel accused of treason, in May 1997 have not been explained publicly. On July 27, the Secretary of State for the Interior told the National Assembly that there had been no progress in his department's investigation of the 1995 death of former Finance Minister Ousman Koro Ceesay. There also were likewise no reported developments concerning the 1995 death of Sadibou Haidara, a member of the junta that seized power in 1994. b. Disappearance There were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The Constitution forbids torture or inhuman or degrading punishment; however, security forces sometimes beat or otherwise mistreated detainees and prisoners. In May an agent of the State severely beat opposition politician Lamin Waa Juwara in the presence of police. There were also reports that security forces beat military and security detainees, and that security prisoners sometimes are threatened with summary execution. For example, one of three former soldiers who staged an abortive raid on a military post in 1997 claimed that while in detention he was threatened with execution, tied and beaten, and burned with cigarettes by his interrogators. The court rejected these allegations. Two soldiers released in October after being held without charges since 1994 (see Section 1.d.) reportedly were beaten and treated harshly while in detention. There were no developments in the promised investigation of the detention and torture of eight United Democratic Party (UDP) officials in 1997. At the time of the incident, the Government promised a full investigation and appropriate action by the Attorney General. Since the incident, police investigators have interviewed some witnesses, but some victims say that they have not been contacted. No one has been arrested and no results of the investigation have been made public. There were no further developments in the case of the reported detention and severe beating of UDP member Yaya Sanneh in July 1997. Prison conditions at Mile 2 and Janjanbureh prisons remained poor. Mile 2 prison was reported to be austere, overcrowded, and lacking in medical facilities. Prisoners are locked in their cells for over 20 hours each day. There were credible reports of beatings, malnourishment, and other harsh treatment of political, military, and security detainees. Women are housed separately. Conditions in one representative local jail were reportedly unsanitary and overcrowded. Inmates slept on cement benches or the floor with no blankets. There was one water tap in the cell area, but often no water. The International Committee of the Red Cross visited Mile 2 prison in 1998. Local NGO's also generally are permitted to visit prisons upon request, but by year's end there were no visits by the African Center for Democracy and Human Rights Studies. d. Arbitrary Arrest, Detention, or Exile The Constitution includes provisions to provide protections against arbitrary arrest and detention; however, on occasion, security forces arbitrarily arrested and detained citizens. Periods of detention ranged from a few hours to several days. Two soldiers held without charges since 1994 for suspected involvement in a coup attempt were released in October. However, there were credible reports that they had been subjected to beatings and other harsh treatment. The Government has not revoked formally military decrees enacted prior to the current Constitution, which give the NIA and the Secretary of State for Interior power to detain individuals indefinitely without charge. The Government has stated that it no longer enforces these decrees, and in general, the Government appears not to enforce them. However, the Constitution provides that such decrees remain in effect unless inconsistent with its provisions. The decrees appear to be inconsistent with constitutional guarantees, but have not yet been subject to judicial challenge. In some instances, the Government did not respect the constitutional requirement that detainees be brought before a court within 72 hours. In February the proprietor of the Independent Citizen FM radio station was held without charges for 4 days (see Section 2.a.). In May 10 persons, including UDP leader Lamin Waa Juwara and the imam of the largest mosque in Brikama, were arrested in a politically charged dispute over minor construction work at a mosque in Brikama. None of those arrested was charged within the constitutionally required 72-hour period. Charges against five of those detained were dropped, although four still face charges of damaging public property. At year's end, the four were not in detention, and their trial was ongoing. UDP party leader Ousainou Darboe was detained for several hours on May 20 while security agents searched his vehicle for illegal weapons. In August three journalists were detained for questioning about a newspaper story, but they were released without charges within 72 hours. (see Section 2.a.). In November six members of the UDP were arrested and detained for holding a political meeting without a permit, but they were released within 24 hours (see Section 2.b.). The Government has made no progress in investigating the detention and torture of eight UDP activists in 1997 (see Section 1.c.). The Government did not exile opponents. However, former President Jawara remains outside the country under threat of arrest and detention on corruption charges if he returns. Other senior officials of the former government, for example., Vice President Saihou Sabally, and Secretary General Abdou Sara Janha, also remain outside the country but do not face official charges. A Nigerian journalist whose work appeared frequently in the independent observer newspaper was detained and deported in June (see Section 2.a.). e. Denial of Fair Public Trial The Constitution provides for an independent judiciary; however, the judiciary is reportedly subject at times to executive branch pressure, especially at the lower levels. There was one instance in which the police defied a High Court order to permit a meeting by the opposition UDP. The courts nevertheless have demonstrated their independence on several occasions. In 1997 the Court of Appeal, the country's highest court, overturned the treason convictions and death sentences of four men who led an abortive coup in November 1996. The Government is appealing this decision to the Privy Council in London. In March the High Court ordered the Inspector General of Police to cease denying meeting permits to the leading opposition party because doing so violated constitutional provisions of free assembly and expression. Nevertheless, police prevented one rally from taking place after the court issued its order (see Section 2.b.); but subsequently the court's order was honored, and the UDP has held meetings without incident. The High Court also dismissed charges against some of the defendants in the politically-charged dispute concerning a mosque in Brikama (see Section 1.d.). The Court of Appeal also overturned several criminal convictions in less publicized cases. The judicial system comprises a Judicial Committee of the Privy Council (based in London), the Court of Appeal, high courts, and the eight magistrate's courts. The Constitution provided for a reconfiguration of the courts in October in which a Supreme Court would replace the Privy Council as the ultimate court of appeal. At year's end, the Government was establishing such a court. Village chiefs preside over local courts at the village level. The judicial system recognizes customary, Shari'a, and general law. Customary law covers marriage and divorce for non-Muslims, inheritance, land tenure, tribal and clan leadership, and all other traditional and social relations. Shari'a law is observed primarily in Muslim marriage and divorce matters. General law, following the English model, applies to felonies, misdemeanors in urban areas, and the formal business sector. Trials are public, and defendants have the right to an attorney at their own cost. The trial of three men accused of complicity in a July 1997 coup attempt was closed to the public after the court accepted a prosecution motion that public presentation of certain evidence would lead to a "breach of peace and public order." One of the accused made detailed allegations of torture before the proceedings were closed. The three were convicted of treason in October and sentenced to death; they are appealing their convictions. The junta that took power in 1994 appointed four commissions to investigate individuals and organizations suspected of corruption during the First Republic. These commissions had powers similar to a grand jury, with additional authority to recommend the seizure of assets, to imprison and fine for contempt, and to imprison or demand bond from individuals considered likely to abscond. Three of the commissions completed their work in March. The fourth commission has completed its investigation but has yet to submit a final report. There were no reports of political prisoners. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence The Constitution prohibits such abuses; although the Government generally respects these prohibitions in practice, apparently there were some exceptions. In addition the Government has not canceled Decree 45, which was enacted by the military prior to the current Constitution. Decree 45 abrogated constitutional safeguards against arbitrary search and permits search and seizure of property without due process. This decree remains formally in effect, pending a finding by a court that the decree is inconsistent with the Constitution. In practice the Government appears not to enforce it, but no court case has been brought to test the decree's constitutionality. Observers assume that the Government monitors citizens engaged in activity that it deems objectionable. In the past, surveillance included monitoring of telephones and mail. Investigating commissions made findings this year resulting in the forfeiture of private property, principally that property held by former government and parastatal officials. The work of these commissions, which began under the AFPRC regime, is sanctioned under the Constitution with provisions for due process. However, it is not clear that the full rights of due process were accorded to officials investigated by the commissions before the Constitution took effect. The evidentiary standards applied by the commissions in ordering the forfeiture of money and property are not clear, and orders by the commissions have not yet been subject to effective judicial review. The Government restricted the right to transfer funds or assets of some senior officials of the former Jawara government accused of corruption. There have been no credible reports of reprisals against family members of individuals accused of involvement in countercoups or other forms of political opposition. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The Constitution provides for freedom of speech and the press; however, in practice the Government significantly limits the full exercise of these freedoms by using police pressure, regulatory scrutiny, and laws that inhibit the media. Journalists practice self-censorship. In February the NIA closed the country's leading independent radio station Citizen FM after the station broadcast reports that a senior NIA official had been dismissed for involvement in a counterfeit money scheme. The station's owner and news editor were detained (in the owner's case for longer than the constitutionally permitted period of 72 hours) but later were released without charge. However, the station was charged with failure to pay its licensing fees. Despite the controversy over licensing fees, a government press release when the station was closed made it clear that the station's editorial policies were a principal reason for the government action. The press release called the station's reporting "deceptive and irresponsible" and warned other radio stations that there would be "disciplinary measures" for reporting "allegations and unconfirmed rumors." In July a magistrate's court ordered that the station be forfeited to the Government for failure to pay the licensing fees, despite repeated offers by the station's ownership to pay past due accounts. The station is appealing this order, and at year's end, the case had not been resolved. The country's leading independent newspaper, The Daily Observer, also experienced significant governmental interference. In April government officials raided the newspaper's offices and questioned those who could not show adequate documentation. In June a Nigerian journalist whose work often appeared in the newspaper was detained and deported for alleged immigration irregularities. In August two editors and a reporter for the newspaper were detained for questioning after publishing a story about the collapse of a wall on the grounds of State House. The three were released without charges within 72 hours. The Government posted immigration officers at The Daily Observer's offices for several periods. The officers reportedly demanded to see immigration documents for all non-Gambians entering the premises and also asked for identity documents from citizens. The newspaper complained that these activities interfered with its business operations, and by year's end the officials had been withdrawn. Several Daily Observer journalists have been deported for alleged immigration irregularities in previous years. The Government employed arrest, detention, and interrogation to intimidate journalists and newspapers that published articles that it considered inaccurate or sensitive (see Section 1.d.). Decrees 70 and 71, enacted in March 1996, remained in effect and continued to inhibit free reporting. The decrees require all newspapers to post a $10,000 bond or cease publication. The bond is required to ensure payment of any penalties imposed by a court for the publication of blasphemous or seditious articles or other libel. These decrees and the fear of reprisals and government action have had a chilling effect. Although still independent, the nongovernment press practices a significant degree of self-censorship. However, strong criticism of the Government is nonetheless frequent, and opposition views appear in the independent press. English, French, and other foreign newspapers and magazines are available. Radio broadcasts from the government station and private stations normally reach listeners in the eastern part of the country. Private radio stations simulcast news provided by Radio Gambia, the government station. After the closure of Citizen FM, only one private radio station produced independent news broadcasts. However, here were occasional public affairs broadcasts on at least two independent radio stations. The British Broadcasting Corporation, Voice of America, Radio France International, and other news reports sometimes are rebroadcast by Gambian stations, and all are available via short-wave radio. Senegalese television and radio are available in many parts of the country. Wealthy residents also use television satellite systems. Government radio and television give very limited coverage to opposition activities, including statements by opposition parliamentarians in the National Assembly. In most other respects, the state media serve as propaganda instruments for the Government and its supporters. There were no reports of any government restrictions on academic freedoms. There is no university, but a university extension program completed its third academic year in August. b. Freedom of Peaceful Assembly and Association The Constitution provides for freedom of assembly; however, the Government restricts this right in practice. The authorities interfered with efforts by the principal opposition party, the United Democratic Party (UDP), to organize public meetings. In several instances, the Government denied UDP requests for permits to hold political rallies or sent security services to break up the rallies. In one well-publicized incident, the Government defied a court judgment ordering the police to permit the UDP to hold rallies and broke up a UDP gathering near the principal mosque in central Banjul. Despite these incidents, the UDP was able to hold several well-attended rallies at which leaders made statements highly critical of the Government. In another incident, members of the July 22nd Movement, a group allied with the ruling APRC, disrupted a workshop on local government reform held in Mansakonko in July. The movement members demanded the ejection of UDP politician Lamin Waa Juwara from the workshop. Police then escorted Juwara to a neighboring village where he was released unharmed. The Department of State for Local Government and Lands, the government ministry that sponsored the workshop, released a statement "dissociating" the Government from the acts of the July 22nd Movement. However, the office of the President effectively retracted this statement in August, when it accused Juwara of attempting to incite an ethnic rebellion and called the July 22nd Movement's actions "conscious and responsible." In November authorities arrested and detained six members of the UDP for holding a political meeting without a permit; they were released within 24 hours. The Constitution provides for freedom of association; however, the Government restricted this right in practice. Decree 89 banned three major opposition political parties, all former presidents, vice presidents, and ministers from political activity; the decree's penalty of life imprisonment for an individual or a $100,000 (1 million dalasi) fine for an organization considerably restricted political activity (see Section 3). Despite the fact that the decree apparently conflicts with provisions of the Constitution, it has not been challenged in court. The severe penalties for violating the decree have inhibited challenge, as most cases would have to be brought by a person who violated the decree. The three banned major parties have not resumed activity nor have the various political figures done so. c. Freedom of Religion The Constitution provides for freedom of religion, and the Government respects this right in practice. Adherents of all faiths are free to worship without government restriction. The expatriate leadership and expatriate staff members of the Ahmadi Islamic sect, who left the country in 1997 claiming fear of persecution after criticism by the imam of the mosque at Statehouse, have not returned. The Statehouse imam made no further criticism of the Ahmadi sect. In May the imam of the largest mosque in Brikama was arrested in a dispute over minor construction work at the mosque, which reportedly was financed by supporters of the ruling party. The imam, a largely apolitical figure who is nevertheless believed by many to oppose the ruling party, ordered a halt to the construction. Subsequently, he was arrested, together with a leading opposition party politician and eight others. After protracted legal proceedings, charges for destruction of property still are pending against the imam and three others, including the opposition politician. The imam no longer leads prayers at the mosque, although it is not clear whether this is from personal choice or government pressure. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation The Constitution provides for freedom of movement but allows for "reasonable restrictions" and there were instances in which the Government restricted this right. Although freedom of movement for ordinary citizens was unimpeded, the authorities prohibited those under investigation for corruption or security matters from leaving the country. Two politicians associated with the opposition UDP also were denied passports, although they were not facing corruption or security charges. The leader of the opposition UDP and other opposition figures have traveled outside the country without incident. The Government cooperates with the office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees. The Government provided first asylum for approximately 3,000 persons from Senegal and Guinea-Bissau during the year. There were no reports of the forced expulsion of those having a valid claim to refugee status. The Government works with the UNHCR and local NGO's in processing refugee claims. The Gambia hosts approximately 8,000 refugees from Sierra Leone, Senegal, Guinea-Bissau, Liberia, and other countries. The Government continues to host approximately 3,500 Senegalese refugees from the Casamance region. Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government Despite a new Constitution and legislative elections in 1997, in practice citizens still do not have an effective right to change their government. Citizens attempted to exercise this right in presidential elections in 1996. However, the few international observers who were present noted serious problems in the electoral process. Foreign governments criticized the election as not free and fair primarily because of government intimidation and restrictions imposed by the Government on opposition campaign efforts and access to the government-owned media prior to the election. Government-owned media continued to deny news coverage and other access to opposition politicians, and engaged in a number of other practices that restricted political activity (see Section 2.a.). The Government frequently refused to authorize opposition meetings (see Section 2.b). Decree 89 bans three former political parties and all persons who held the offices of president, vice president, and minister since 1965 from involvement in politics until 2024 (see Section 2.b.). Although Decree 89 apparently is unconstitutional, it has not been challenged in the courts and remained in effect. The severe penalties for violating the decree have inhibited challenge, as most cases would have to be brought by a person who violated the decree. During the year, the Government thwarted an opposition effort to have the National Assembly repeal Decree 89. In January 1997, the Constitution of the Second Republic came into effect, and citizens chose a new National Assembly in elections whose results were accepted by the opposition. President Jammeh's party, the Alliance for Patriotic Reorientation and Construction (APRC) won 33 of 45 Assembly seats filled by election; 4 members are appointed by the President. Procedural methods are used to restrict debate within the National Assembly. President Jammeh and his associates frequently made threats against political opponents that significantly inhibited normal political activity. In a speech in July commemorating the 1994 coup, Jammeh stated that those who attempt to destabilize The Gambia would be denied court proceedings and "never see any face on earth" again. In May Jammeh threatened to "chop up" his opponents. He added that those who want The Gambia to go backward would be "buried like dogs" and that those who insult him would "never see the sun." In February he criticized those who "seek refuge behind the curtain of constitutionality." Opposition speakers also occasionally made personal attacks on the President's religious beliefs, ethnic background, and other matters. ________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------