The Gambia Press Union's submissiion to 81st ordinary session of African Commission on Human and Peoples’ Rights (ACHPR) convening highlights the need for effective implementation of country's ATI law.
This statement was originally published on gpu.gm on 22 October 2024.
| Statement by the Gambia Press Union (GPU) Delivered at the 81st Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR), held in Banjul from 17 October – 6 November, 2024 |
- Chairperson, Excellencies, Ladies and Gentlemen
The Gambia Press Union (GPU) notes with appreciation the African Commission on Human and Peoples’ Rights continuous efforts to promote and protect human rights on the continent, and for this important platform, the Ordinary Sessions as well as others, that continue to promote the realisation and the enjoyment of fundamental human rights in Africa – including support for press freedom and freedom of expression.
Mr. Chairperson
Gambian Media Landscape
Since 2017, the Gambian media has grown rapidly in terms of quality, depth and diversity, with the once dreaded field of investigative reporting slowly but surely becoming commonplace.
The number of private radio stations have increased by almost 75% with 39 FM stations in operations, according to data from the Public Utilities Regulatory Authority (PURA), which is responsible for registration of broadcast media.
Gambians now enjoy the luxury of watching multiple local television channels with five private television stations in operations, in addition to the national television which was the only TV station until 2017 when television broadcasting services was liberalised.
There are seven newspapers, with five regularly publishing a print version. There are nine community radio stations, and at least twenty online news media platforms.
The proliferation of media houses means more people now have access to the media to express their views on issues of national importance related to political and socioeconomic issues.
The Media Academy for Journalism and Communication (MAJaC) [1], owned by the Gambia Press Union, offers journalism courses from foundation to advanced diploma level; the University of the Gambia offers a bachelor’s degree programme in journalism – both institutions and a few others, are contributing immensely to the professional development of journalists.
Attacks on Press Freedom & Freedom of Expression
Mr. Chairperson
In 2023, we saw considerable progress in terms of press freedom as per the RSF Global Press Freedom Index with The Gambia ranked 5th in Africa and 46th in the world among 180 countries.
This year, the country dropped 12 places to 58th position globally and 5 places to 10th in Africa in the global press freedom index. While this is still better than what obtains in a number of countries, the reason for the drop hinges on attacks on journalists, restrictive media laws, economic challenges that include high taxes and a lack of subsidies for the media, a lack of mechanism to ensure the safety of journalists, and the lack of implementation of the Access to Information law.
Despite this progress recorded as a country, we are still grappling with challenges of press freedom – from impunity [2] for physical violence against journalists in the form of assault in recent years, to verbal threats directed at journalists and media houses by the current administration in Banjul.
Of more than 15 incidences of physical assault on journalists and media professionals perpetrated either by the police or political party militants (from both the ruling party and the opposition) that occurred since 2017, none has ever been investigated, and no one is held accountable [3].
In October 2023, we witnessed direct threats to journalists and media houses from the current leadership [4], which ignited calls on social media for attacks on individual journalists and media houses by political party militants affiliated with the ruling party.
Journalists and media workers have also faced arbitrary arrests by the police, detained incommunicado without access to family or lawyers and their whereabouts unknown for up to 48 hours [5]. In one instance, a media worker was physically assaulted [6] while in police custody.
Human rights defenders [7] and academics [8] who speak to the media, and are critical of the government have also faced arrests, interrogations, detained and charged with incitement to violence – for simply exercising their rights to free expression through the media.
The failure to bring perpetrators of crimes against Gambian journalists to justice, has helped sustained a cycle of violence against journalists for 30 years – covering a period from the dictatorship era to the current administration – as of 2024.
While the Gambian media largely operate without censorship, sometimes there are crackdowns on some media houses considered critical of the government. In January 2020, two private radio stations, King FM and Home Digital FM, were closed down [9] for one month, and their directors detained for four days on allegations of “inciting hatred” for their coverage of an opposition parties’ protest.
We also note with deep concerns, that in 2023 [10] and 2024, there have been increasing threats of civil defamation suits against journalists and media houses from government officials for their reporting. This month, two of such threats by the Gambian leader and the Minister of Environment, are scheduled to be heard in court against The Voice Newspaper [11] and The Alkamba Times [12].
The GPU is deeply concerned not only because defamation suits carries huge financial implications, but also because of the potential to financially cripple these media houses – thereby significantly limiting their ability to continue holding the government and public officials to account, and to continue promoting transparency in government.
Media Law Reforms
Mr. Chairperson
On media law reform, notably, “criminal defamation” and “false publication online” are no longer applicable after been declared unconstitutional by the Supreme Court of The Gambia in 2018 [13].
Sedition laws still exist, however, a new Criminal Offences Bill [14] which seeks to repeal the Criminal Code, has not replicated the sedition law and once enacted sedition will no longer be an offence.
On the contrary, we are concerned that the same Criminal Offences Bill, 2022 which is currently in parliament, replicated the “False Publication and Broadcasting” law – a draconian provision from the Criminal Code which is still being used against journalists – with a punishment for anyone found guilty of up to one year imprisonment or a fine of more than $3000 USD or both.
On September 26 [15] and September 30, 2024, the Deputy Editor and the Editor-In-chief of a local daily, The Voice Newspaper, were charged with “False Publication and Broadcasting” over a news story on President Barrow’s rumoured plans to quit the presidency by 2026. Criminal proceedings against the two journalists began on October 8, 2024 – the first of such trials against a journalist since the end of the dictatorship in 2016.
The “False Publication and Broadcasting” law, among other draconian Gambian media laws, is recommended for repeal by the ECOWAS Court of Justice in 2018 [16], by Gambia’s Truth Commission in 2021, and by a government Media Law Review Committee in 2018.
Contrary to commitments made on media law reforms, press freedom and freedom of expression, the Gambia Government is also making new laws like the Cybercrime Bill, 2023 with provisions that could be used to restrict press freedom and freedom of expression which could be used to target journalists, human rights activists, opposition activists, and social media users.
Access to Information
Mr. Chairperson
After five years of an unprecedented CSO-led right-to-know campaign, spearheaded by the Gambia Press Union, in 2021, the Gambia’s parliament voted to pass into law the Access to Information Bill, which was eventually signed into law by President Adama Barrow.
The legislative framework grants the citizens – and everyone else – the legal right of access to information that the government and private entities keep for or on behalf of the public.
We recognise that an access to information law is crucial to the media’s role in promoting accountability, people’s right to information, freedom of expression and political participation.
However, the success of the ATI legislation lies not just in the quality, but also in its application, use, and implementation. We are therefore concerned that after three years since its enactment, the Access to Information Act, 2021 has yet to be implemented.
Recommendations
Mr. Chairperson
Based on the issues highlighted above, we would like to call on the Commission to urge the Gambia government to:
- Put an end to impunity for violent attacks on journalists by investigating and prosecuting physical assault on journalists
- Ending the harassment and intimidation of journalists and journalists’ sources through arrests and legal proceedings
- Speed up efforts to bring to justice perpetrators of murder, enforced disappearance, and torture of journalists – committed during the dictatorship.
We call on the Commission to urge the Gambia government to:
- Fulfill commitments it has already undertaken to repeal draconian media laws
- Ensure Gambian Parliament to consider recommendations by the Gambia Press Union to remove False Publication and Broadcasting from the Criminal Offences Bill, 2022
- Ensure the Gambian Parliament remove entirely or revise provisions in Section 6 1(a) and subsections (b) and (c) of the Cybercrime Bill, 2023, which in their current form, would infringe upon fundamental rights and freedoms for journalists, the opposition, human rights defenders, and social media users contrary to local and internationally guaranteed rights to freedom of expression.
We also call on the Commission to urge the Gambia government to:
- Ensure the full implementation of the Access to Information Act, 2021
- Ensure the Information Commission is free from political influence for an effective implementation of the access to information law,
- Provide the Information Commission with adequate resources to effectively undertake its oversight functions
Thank You.
Delivered by GPU Secretary General, Mr. Modou S. Joof on 22 October, 2024
Contact: Tel: +220 348 0043
Email: pressuniongambia@gmail.com
[2] https://gpu.gm/gpu-renews-call-to-end-impunity-for-crimes-against-journalists/
[3] https://gpu.gm/gpu-renews-call-to-end-impunity-for-crimes-against-journalists/
[4] https://gpu.gm/gambia-alert-gambian-president-threatens-press-freedom-freedom-of-expression-democracy/
[5] https://gpu.gm/gambia-alert-talk-show-host-rearrested-whereabouts-uknown/
[6] https://gpu.gm/gambia-high-court-rules-police-violated-talk-show-hosts-rights/
[7] https://gpu.gm/gpu-urges-police-to-drop-charges-against-madi-jobarteh/
[8] https://standard.gm/dr-ismaila-ceesay-detained/
[9] https://rsf.org/en/country/gambia
[10] https://gpu.gm/statement-by-the-gambia-press-union-gpu-delivered-at-the-81st-ordinary-session-of-the-african-commission-on-human-and-peoples-rights-achpr-held-in-banjul-from-17-october-6-november-20/#_ftn10
[11] https://thepoint.gm/africa/gambia/headlines/president-barrow-sues-the-voice-newspaper-editor-musa-sheriff
[12] https://alkambatimes.com/environment-minister-filed-a-d50-million-lawsuit-against-journalist-kebba-ansu-manneh-of-the-alkamba-times/
[13] https://cpj.org/2018/05/gambia-declares-criminal-defamation-unconstitution/
[14] https://gpu.gm/gpu-presents-position-paper-on-the-criminal-offences-bill-2022/
[15] https://gpu.gm/gpu-condemns-arrest-and-detention-of-journalist-momodou-justice-darboe-threats-from-president/
[16] https://frontpageinternational.wordpress.com/2018/03/23/update-ecowas-court-delivers-landmark-decision-in-one-of-our-strategic-cases-challenging-the-laws-used-to-silence-and-intimidate-journalists-in-the-gambia/
