By Madi Jobarteh
We are deeply concerned that the offenses of sedition and false publication and broadcasting remain in the laws of the Gambia seven years after President Adama Barrow stated that such provisions would be removed from our laws within six months of taking office. Not only are these obnoxious provisions still in the Criminal Code, but since 2017, the Inspector General of Police has also continued to charge citizens with these offenses.
Sedition is a long-standing British imperial law enforced in its colonies to restrict freedom of expression and impede civil and political activities to challenge the colonial system. The crime of sedition was implemented in the Gambia in 1940 to prevent Gambians from pursuing civil liberties and political rights in opposition to British colonial rule.
The offense of false publication and broadcasting, on the other hand, was introduced by the dictatorial regime of Yaya Jammeh in 2004 purposely to clamp down on journalists and activists.
These laws have no place in a democracy, hence our deep concern that a government that replaced a dictatorship would rely on these laws until today. In 2018, the ECOWAS Community Court ruled that the Gambia Government remove all anti-media laws, particularly the offenses of sedition and false news. International law provides that media offenses should be decriminalized to ensure open and accessible media, which is an indispensable prerequisite for democracy to thrive and good governance, which is the cornerstone for sustainable development.
Sedition, false publication, and broadcasting stifle freedom of expression and the free press, undermining popular participation in the country’s affairs. Limiting citizens’ engagement and participation in national affairs undermines efforts to ensure transparency and accountability. Where accountability is limited or absent, it perpetuates corruption, abuse of office, poor service delivery, and impunity.
Considering the preceding, EF Small Centre for Rights and Justice calls on the Inspector General of Police to immediately drop the charges of sedition against Ebrima Dibba of UDP and the charges of false publication and broadcasting against journalists Musa Sheriff and Momodou Justice Darboe of the Voice Newspaper.
We urge the Executive and the Legislature to expedite the review of the Criminal Offenses Bill 2024 and ensure that all colonial and draconian provisions are removed. In their place, we urge the authorities to ensure that the fundamental rights and freedoms of Gambians are stipulated and protected in our laws.
When Edward Francis Small agitated against the British Colonialists, he sought the freedom of Gambians to have a say in how our country was governed. Thanks to his efforts, the colonialists had to open the space for Gambians to be represented in power and decision-making institutions of the country, leading to independence. Hence, we sought and gained independence so our citizens could express themselves and hold those in power accountable.
When Yaya Jammeh placed the yoke of tyranny on our heads for a generation, Gambians eventually came together to oust him, leading to the creation of the present Government. Why, then, should this present Government continue to keep and depend on the laws of the colonialists and Yaya Jammeh to use against Gambians?
We call on all Gambians to defend the Constitution, which guarantees freedom of expression, free media, and our civil and political rights. We call on all Gambians to condemn the anti-democratic and dictatorial tendencies of the Gambia Government. The Gambia cannot afford and must not entertain another dictatorship. We call on all Gambians to demand the Government drop all charges against Ebrima Dibba, Musa Sheriff, and Momodou Justice Darboe and release them instantly for free.
Similarly, we call on the Gambia’s development partners to prioritize human rights and democratic governance in their relations and cooperation with the Gambia Government. Development partners, including the UN, AU, ECOWAS, EU, US, and the UK, must recognize that they would be aiding and abetting human rights violations and lousy governance when they provide the necessary resources and assistance to the Government yet fail to make human rights to the very conditions for such development cooperation.
