THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS & INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA ARTICLE 8 RIGHT TO FREEDOM OF CONSCIENCE Chapter IV of The Gambia Constitution enumerates fundamental rights and freedoms. Section 17 of the Constitution enjoins all organs of the state and all legal and natural persons to respect and uphold the rights and freedoms enshrined in Chapter IV. It is further provided in Section 5 of the Constitution that any aggrieved person may seek a declaration from a court of competent jurisdiction, for any acts or omissions of any person or authority which is inconsistent with or in contravention of a provision of the Constitution. Section 25 of the Constitution has guaranteed the fundamental rights of freedom of expression, assembly, conscience, association and movement. Freedom of Religion Section 25(1)(b) and (c) of the Constitution provide that “every person shall have the right to freedom of thought, conscience and belief, which shall include academic freedom (c) to practice any religion and to manifest such practice. The Government has affirmed its support for religious freedom and promotion of religious tolerance as enshrined in the Constitution of The Gambia. There is no state religion in The Gambia. Religious tolerance and respect for the constitutional provision that guarantees freedom of religion and practice has been tested recently following the petition written by The Gambia Supreme Islamic Council voicing their opposition to Public Utilities Regulatory Authority (PURA) regarding television license application by the Ahmadiyya Jama’at, a minority religious group in the country. However, the Government has approved the application and issued television license to Ahmadiyya Jama’at. Freedom of Expression Section 25(1)(a) of The Gambia Constitution guarantees the right to freedom of speech and expression and it reads: “Every person shall have the right to freedom of speech and expression, which shall include freedom of the press and other media” The Gambia has witnessed decades of brutal crackdown on freedom of expression and free press under the autocratic Government of Yaya Jammeh. Journalists, human right activists and politicians have been 51

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