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
conceded the elections but later changed his mind, triggering a political impasse, followed by mediation by
the Economic Community of West African States (ECOWAS) and the deployment of a military force to The
Gambia to ensure that he leaves power peacefully. President Adama Barrow took over from Yahya
Jammeh on the 19th of January 2017.
Since the present Government took office in January 2017, it has committed itself to the full realisation of
the fundamental human rights of all persons in The Gambia. To this end, the Government is undertaking
key constitutional and legal reforms to consolidate the democratic gains made by The Gambia.
c. Legal
The Gambian legal system is modeled on the English Legal system as it incorporates the Common Law,
doctrines of equity and statute of General Application. In The Gambia, the Sharia is applicable to over 95%
of the population as personal law in matters like marriage, divorce and inheritance. Therefore, Gambian
Law and the Sharia are administered contemporaneously.
PART IV: GENERAL MEASURES TAKEN BY THE GAMBIA SINCE THE LAST REPORTING PERIOD
CHAPTER ONE: CIVIL & POLITICAL RIGHTS
ARTICLE 1
“The Member States of the Organisation of African Unity, parties to the present Charter shall recognise the
rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative or other
measures to give effect to them”.
i.
Legislative measures
The Republic of The Gambia recognizes the rights enshrined in the African Charter on Human and
Peoples` Rights (ACHPR). These rights are also enshrined in Chapter 4 of the 1997 Constitution, which
provides for a Bill of Rights. The Gambia is also a party to various international and regional human rights
treaties.
The new Government of The Gambia has resolved to improve the country’s human resources capacity, its
constitutional, legal and institutional framework as well as the quality of its strategies, policies and programs
20