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.


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