ARTICLE 19 condemns use of imprisonment and harassment to violate freedom of expression

(ARTICLE 19/IFEX) – The Gambian government is using detention to stifle freedom of expression. This is at a time when the government is finalising a new information policy which, unless amended, will further threaten freedom of expression. The recent suspension of the newly-established “Independent” was the first overt sign that the government of The Gambia […]

(ARTICLE 19/IFEX) – The Gambian government is using detention to stifle
freedom of expression. This is at a time when the government is finalising a
new information policy which, unless amended, will further threaten freedom
of expression. The recent suspension of the newly-established “Independent”
was the first overt sign that the government of The Gambia will not tolerate
the challenging style of this newspaper. Following its suspension, the
paper’s editor-in-chief, managing editor, staff reporter and support staff
were all detained by the National Intelligence Agency, the security police.
N.B. Daffeh, the staff reporter, was held for three days, and the others
were released after briefer periods of detention. They were apparently
warned not to continue working for the paper.

The official explanation for these measures is that the newspaper has not
registered its business name with the tax authorities – even though the law
allows for one month between the date a new business starts and when the
application must be made. From the tactics used, it seems that the real aim
is to stop the newspaper from functioning – it began publishing shortly
after another independent newspaper, “The Observer”, was sold to a
businessman who appears to be close to the government. Within two weeks, the
“Observer”‘s deputy managing director and news editor Demba Jawo, who is
also chairman of the Gambia Press Union, had been sacked.

Attempts to complete the formal registration of “The Independent” have been
met with further obstacles which mean that the paper remains suspended. The
detention and harassment of journalists by the security police is a totally
unacceptable response by the authorities to what they claim is merely an
administrative matter. Observers of freedom of expression in The Gambia will
be familiar with this process – it has been used similarly to silence
Citizen FM, a private radio station. The station’s proprietor, Baboucar
Gaye, was briefly detained in February 1998 for operating a radio station
without a licence. The licence had expired. He was convicted six months
later and his appeal is still pending (see IFEX alerts of 19 May, 20 April,
3 March, and 19, 13 and 9 February 1998). During this whole period, the
radio station has remained silent.

“The Independent” newspaper was officially registered in May 1999 by the
Registrar General’s Department in the Department of State for Justice. This
gave the paper permission to commence publication. The first edition
appeared on 5 July 1999 but its professional life was soon curtailed. On 23
July, the Department of State for Justice ordered the newspaper to cease
publishing until it has registered the business’ name with the commissioner
of income tax. A lawyer working on behalf of the newspaper fulfilled these
conditions by letter of 28 July, but the tax authorities refused to accept
the cheque and registration forms because the registration is “under
investigation”.

The first edition of “The Independent” declared the paper was “not at war”
with anybody. It stated “We shall respect every opinion, however contrary
to ours, and beg that our opinion be respected, but never-the-less
challenged, rebuffed or rectified.” The newspaper posed important questions
about past human rights violations – it featured an appeal by the father of
the late Koro Ceesay for information about who killed his son, the former
Minister of Finance whose charred body was found in June 1995. It also
raised questions about the whereabouts of Lieutenants Basiru Barrow and
Ebrima Ceesay, who were last seen on 11 November 1994, the day of a counter
coup attempt.

ARTICLE 19 sees the suspension of “The Independent” and the detention of its
workers as the latest attack on freedom of expression in The Gambia. The
organisation has been working with partners in The Gambia to propose reforms
to a draft national communication and information policy (NACIP) to bring it
into conformity with The Gambia’s international human rights commitments.
Without these reforms and an end to the use of detention for administrative
issues, unfair dismissal and suspension, the independence of the media is
seriously threatened.

Recommended Action

Mr Sajo Jallo

Minister of Works, Communication and Information

MDI Road, Kanifing

The Gambia

Fax: +220 37 57 65

Honourable Mrs Fatou Bensouda

Minister of Justice

Marina Parade, Banjul

The Gambia

Fax: +220 22 53 52