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
Right to liberty and security of person- The Gambian Constitution guarantees “every person” the right to
liberty and security of person. This means that the right to personal liberty and security of the person is
applicable to all deprivations of liberty, whether in criminal cases or in other cases such as, mental illness
and immigration control. It is prohibited under the Constitution to subject anyone to arbitrary arrest or
detention and no one is to be deprived of his or her liberty except on such grounds and in accordance with
such procedures as are established by law.
The Constitution provides further that any person who is arrested or detained shall be informed as soon as
is reasonably practicable and in any case within three hours (3), in a language that he or she understands,
of the reasons for his or her arrest or detention and of his or her right to consult a legal practitioner.
Persons who are arrested or detained for the purpose of bringing them before a court in execution of the
order of a court or upon reasonable suspicion of them having committed, or being about to commit a
criminal offence must be taken to court within seventy-two hours (72) as required by the Constitution.
Freedom of speech- The Gambian Constitution guarantees every person’s “freedom of speech and
expression, which shall include freedom of the press and other media; freedom of thought, conscience and
belief, which shall include academic freedom; freedom to petition the Executive for redress of grievances
and to resort to the Courts for the protection of his or her rights.”
In December 2017, in line with the Paris Principles, a National Human Rights Commission Act was enacted
by the National Assembly for the promotion and protection of human rights in The Gambia. Subsequently,
measures are being taken to set up the Secretariat of the Commission and the recruitment of
Commissioners. The present Government has committed itself to full realization of the fundamental human
rights of all persons in The Gambia. To this end, the Government is undertaking key constitutional and legal
reforms to bring our laws in harmony with our international obligations.
In order to prevent acts of torture in places of torture and arbitrary detention, The Gambia Police Force,
National Intelligence Agency and The Gambia Prisons Services in partnership with human rights
organisations such as the Institute for Human Rights and Development in Africa continue to train its officials
and senior management on best practice standards on human rights best practices. The Prison Fellowship
has also undertaken a nationwide visit to all its detention centres.
120