US Slams Gambia's Human Rights Record

by PK Jarju, Birmingham, UK

The US government have severely criticise the APRC regime of President Yahya Jammeh over its treatment and lack of respect to the rights and liberties of Gambians.
In its 2008 annual Human Rights, and Labour Report, released on Wednesday, the US State Department stated that over the past year, the Jammeh regime has committed many human rights abuses with impunity thereby creating a more restrictive environment for Gambians in the country.

Quoting a recent Amnesty International report, the State Department says the Jammeh regime's respect for the human rights of its citizens did not improve during 2008 and that human rights situation have worsen since a foiled coup attempt in March 2006.
" Although the constitution and law provide for protection of most human rights, there were problems in many areas. Prison conditions remained poor, resulting in deaths. Arbitrary arrests and detentions, often without warrants, continued. Security forces harassed and mistreated detainees, prisoners, opposition members, and journalists with impunity. Prisoners were held incommunicado, faced prolonged pretrial detention, held without charge, denied access to families and lawyers, and were tortured and denied due process. The government restricted freedom of speech and press through intimidation, detention, and restrictive legislation. Women experienced violence and discrimination, and female genital mutilation (FGM) remained a problem. Child labour and trafficking in persons also were problems," the report stated.

Prison Conditions
The State Department noted that conditions of the Gambia's prisons do not generally meet international standards and the government refused visits by independent human rights observers to detainees and prisoners connected to matters considered politically sensitive.

"Local jails were overcrowded, and inmates, including detainees awaiting trial, occasionally slept on the floor. Inmates complained of mistreatment by guards, poor sanitation, and inadequate nutrition, and often relied upon outside sources of food, which was allowed prior to conviction. Prison guards were reluctant to intervene in fights between prisoners, which resulted in injuries," the report added.

It further stated that despite attempts by prison officials to improve prisoners' nutrition and well-being during the year, there were unconfirmed reports of deaths of prisoners at the Mile 2 Prison due to poor diet, health, and living conditions.

Arbitrary Arrest or Detention
The State Department said although the Gambian constitution and law prohibit arbitrary arrest and detention, there were numerous instances of police and security forces arbitrarily arresting and detaining citizens.

It added that many people were arrested without warrants and detained beyond the legal 72-hours. It cited the cases of Businessman Alhaji Banta Kaira, Dodou Jobe, NIA financial director, Bakary Gassama, Lamin Marong and Ebrima Marong, Pastor Gideon A. Adeoye among others as an example.

Denial of Fair Public Trial
The State Department said although the Gambian constitution and law provide for an independent judiciary, in practise the courts, particularly at the lower levels, were corrupt and at times subject to executive pressure. It noted that during the year the president have removed three High Court judges without even consulting the Judicial Service Commission (JSC).

"Judges presiding over "sensitive" cases and who made decisions not considered favourable to the government risked being fired. On July 10, newly appointed High Court Judge B.Y Camara was dismissed, but later reinstated, without explanation, but unconfirmed reports stated his firing was linked to his handling of the trial of foreign fugitive Christopher Badjie. Also on July 10, Justice Haddy Roche, who in previous years made decisions not favourable to the government, was dismissed from her job without explanation. She was later reinstated as the presiding judge at the Commercial Division of the High Court. On September 11, Justice Naa-Ceesay Sallah-Wadda of the High Court in Banjul, was dismissed without explanation. Her firing was reportedly related to her decision to grant bail to British mining engineer Charles Northfield, who was arrested on February 12 when the mining license of his employer, Carnegie Minerals, was withdrawn. In late August Northfield jumped bail and fled to the United Kingdom. Justice Sallah-Wadda was also reinstated in her job," the report stated.

Political Prisoners and Detainees
The State Department said during the year, there were credible reports that the government held civilians based on their political views or associations and that some were held incommunicado for prolonged periods. It added that unlike the previous year, there were no reports that the government arrested and detained opposition members who publicly criticised or who expressed views in disagreement with the government.

Freedom of Speech and Press
The State Department said although the Gambian constitution and law provide for freedom of speech and of the press, the government limited these rights by intimidation, detention, and restrictive legislation.

It added that the deterioration of the Gambian media environment continued during the year and that the government harassed journalists who wrote articles it considered inaccurate or investigated cases it considered sensitive. As a result, the report said several journalists reportedly went into hiding out of fear of government retaliation.

Women and Children
The State Department said domestic violence, including spousal abuse, was a widespread problem; however, it was under reported due to the stigma surrounding such violence. It added that police considered reported incidents to be domestic issues outside of their jurisdiction. The report also said traditional views of women's roles have resulted in extensive societal discrimination in education and employment.

It added that Gambian laws do not prohibit female genital mutilation (FGM) and as a result the practise remained widespread. It said between 60 and 90 percent of women have undergone FGM, and seven of the nine major ethnic groups reportedly practised it at ages varying from shortly after birth until age 16.