When Will The Government Amend The Public Order Act To Bring It In Line With Human Rights Standards?- Madi Jobarteh

Madi Jobarteh, Human Rights Activist and Founder EFSCRJ

By Madi Jobarteh

The victims of the demolition exercise by the Lands office in Sukuta Salagi have a constitutional right to protest which the IGP is bound to respect and protect. To claim ‘security reasons’ without indicating the specific security reasons is not a justification to deny protest. The IGP must realize that he cannot deny, take away or seize rights permanently. Doing so is a constitutional violation.

Rights are never denied permanently. Rather rights can only be limited in scope, time, exercise or otherwise – temporarily. Therefore, the IGP cannot say no to a request for protest without providing alternatives for the enjoyment of the right at another time, place or form.

The continuous denial of protest is as a result of the continued presence of the obnoxious Public Order Act. Needless to say, this law is a colonial and an autocratic law intended to suppress dissent, freedoms and accountability. It should have been changed a long time ago.

Pres. Adama Barrow specifically mentioned it in his 2016 manifesto that within 6 months of taking office that he would repeal the law. In fact he said he would repeal all laws that contravene best practices in upholding human rights.

This is how he expressed it in his 2016 manifesto:

“The provisions of Chapter Four of the Constitution protect our fundamental rights and freedoms, but certain laws some of which were enacted since the colonial period contravene the best practice in safeguarding these rights. It is as if the Constitution is
giving rights to its citizens and other laws are ousting those rights.”

For that matter, Mr. Barrow went further to list those provisions or laws for review or repeal. These included Official Secrets Act, the Criminal Code and the Public Order Act, noting that,

“The Coalition Government endeavors to propagate legislation to revoke all provisions of a law criminalizing speech including libel, sedition, false news and false publication within six months of assuming political office.”

On the Public Order Act specifically, this is how he described it in his manifesto,

“The Public Order Act gives too much power to the
Inspector General of Police and does fetter freedom of association and assembly. The Coalition government will repeal any provision in the Public
Order Act which is not reasonable and justifiable in a democratic society such as those which hinder peaceful procession to highlight public grievances
which are the main tool for exercising civil society oversight over the governance process.”

It is 9 years today and still now the Public Order Act remains in force, unchanged and actively and fully utilized by his Government through the IGP. What happened?

This raises the question about the commitment of Pres. Barrow to democracy, human rights and good governance?

The people of Sukuta Salagi have a right to protest and the IGP has no powers to deny that right.

I urge the victims of Sukuta Salagi to assemble at a place of their choosing to express their grievances with speeches, placards and songs without using loudspeakers or procession in line with the Public Order Act.

For The Gambia 🇬🇲 Our Homeland