Rule of Law in The Gambia post Jammeh era – World Countries for Kids

The Barrow government has taken many steps to improve the judiciary, including establishing additional courts to address case backlogs, ending the use of contract judges, and giving greater budgetary autonomy to courts. The government has even reconstituted the Judicial Service Commission, which has the responsibility to appoint lower-court magistrates and advises the president on higher-level appointments, court efficacy, and operations. While executive dominance remains an issue, the judiciary has displayed some independence from the other branches of government in recent years.

Constitutional due process assurances remain unevenly upheld, though political dissenters face far less risk of persecution than during the Jammeh era. President Yahya Jammeh’s 22-year reign was marked by systematic and widespread human rights violations, such as arbitrary arrests, extrajudicial killings, torture including sexual violence, and enforced disappearances of actual and perceived opponents to his rule. Since Jammeh’s fall, The Gambia has moved ahead with only two prosecutions for Jammeh-era crimes. In December 24, 2021, the final report of Gambia’s Truth Reconciliation and Reparations Commission (TRRC) found that Jammeh and his associates committed crimes against humanity, and called for their prosecution. On May 25, 2022, the Gambian government accepted the TRRC’s recommendation for accountability, but sans an action plan. On May 12, 2023, the government presented a much-delayed detailed implementation plan calling for the creation of a Special Prosecutor’s Office to complete the investigations started by the TRRC and to prepare case-ready dossiers.

The use of unlawful physical force by security agents has been far less common under the Barrow administration. There have been some tries to improve prison conditions, which remain terrible. The government has recognized the need to strengthen laws protecting individuals from abuse by security services. In March 2023, the National Assembly adopted the Prevention of Torture Act, which as per the government, “provides the legal framework for the prohibition, prevention and punishment of any form of torture…and provides penalties aimed at ensuring accountability.”

Several groups in Gambian society face serious difficulties in exercising their human rights. Women enjoy relatively less access to higher education, employment, and justice than men. Legal protections for people with disabilities need strengthening and enforcement. LGBT+ people encounter severe societal discrimination, and same-sex sexual relations are criminalized. The constitution forbids discrimination, but this “does not apply in respect to adoption, marriage, divorce, burial, and devolution of property upon death.” Caste-based discrimination remains an issue in parts of the nation.