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Momodou
Denmark
11668 Posts |
 Posted - 01 Apr 2025 : 17:48:05
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PUBLIC STATEMENT - April 1, 2025
State House of The Gambia: President Barrow Must Protect the Fundamental Rights of Citizens
During the traditional courtesy call on the President by members of the Banjul Muslim Elders on Koriteh Day, March 30, 2025, Pres. Adama Barrow and his Minister responsible for religious affairs Hamat Bah took turns to lambast the media and imams for what they consider negative reporting and preaching that criticize the Government. Barrow referred to unidentified media houses, while also saying that in some countries, (which he did not name) the government would write the Friday sermons for their imams.
EFSCRJ considers these statements to constitute direct and unwarranted threats against journalists and imams in total violation of constitutionally guaranteed rights of citizens including journalists and imams to express their opinion and worship.
For that matter, we wish to remind Pres. Barrow and Hamat Bah and indeed all public officials of the rights and freedoms of citizens on the one hand, and on the other hand the obligations of the State as stipulated in the Constitution.
First, Section 25 states that,
(1) Every person shall have the right to -
(a) freedom of speech and expression, which shall include freedom of the press and other media.
(b) freedom of thought, conscience, and belief, which shall include academic freedom.
(c) freedom to practise any religion and to manifest such practice.
Further, in Section 32 on the right to culture, the Constitution states,
“Every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this Constitution and to the condition that the rights protected by this section do not impinge on the rights and freedoms of others or the national interest, especially unity.”
In Section 100 on the legislative power of the National Assembly, the Constitution states,
(1) The legislative power of The Gambia shall be exercised by Bills passed by the National Assembly and assented to by the President.
(2) The National Assembly shall have no power to pass a Bill -
(b) to establish any religion as a state religion
For the protection and fulfillment of the rights and freedoms of citizens, the Constitution has imposed a mandatory obligation on the Executive in Section 17(1) as follows,
“The fundamental human rights and freedoms enshrined and in this Chapter shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution.
Considering the foregoing, we find the statements released by Pres. Adama Barrow and Minister Hamat Bah to be in total contravention of the Constitution which we find serious and concerning.
We wish to therefore remind Pres. Barrow and his ministers of their constitutional obligation to respect, protect and fulfill the fundamental rights of Gambians. This means they have a legal obligation to refrain from harming or limiting those rights and freedoms in any way outside of the law.
The role of the media is guaranteed in Section 207(3) of the Constitution as follows,
“The Press and other information media shall, at all times, be free to uphold the principles, provisions and objectives of this Constitution, and the responsibility and accountability of the Government to the people of The Gambia.”
Therefore, the job of the press is not to provide favourable or unfavourable reporting, rather it must report about the Government to expose the decisions, actions and the impact of those decisions and actions of the Government. We recall that recently the Government distributed over D40 million to media houses to promote its agenda hence the same Government cannot now complain about negative reporting.
Similarly, imams have a duty to raise the pertinent issues of society and to hold both believers and leaders of society accountable as has always been the case in the history of Islam and religion in general.
Therefore, we urge the President and his Government to uphold and abide by the law, and promote an environment where the expression of divergent and dissenting opinions thrives. For that matter, we urge the media and journalists of the Gambia as well as religious leaders and indeed all citizens to dedicate their time and energy to speak to the pertinent issues of our society as required by their profession ad religion, respectively. This is necessary to exposing and combating corruption and abuse of power which is integral to the building and strengthening of democracy and good governance for peace, stability, and shared prosperity in the Gambia.
We therefore call on the The Gambia National Assembly and the National Human Rights Commission, The Gambia to continue to monitor and provide guidance to the President to better uphold human rights and the rule of law. Similarly, we call on the Attorney General's Chambers & Ministry of Justice ,the Gambia to provide necessary advice to the President and Minister Bah to confine themselves within the limits of the Constitution and democracy.
EFSCRJ will continue to monitor the Gambia Government and all its agents to ensure that they uphold the law and their oath of office to always uphold and practice the principles of democracy and good governance for the good of the Gambia.
2025: The Year of Transparency and Accountability
Ministry of Information, Media and Broadcasting Services - The Gambia
Ministry of Lands, Regional Government & Religious Affairs
Ministry of Interior, The Gambia.
The Gambia Police Force
Standard Newspaper The Gambia
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POINT Newspaper Gambia
The VOICE Newspaper
KERR FATOU
The Fatu Network
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QTV Gambia
Paradise TV Gambia
Gambian Talents Promotion
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A clear conscience fears no accusation - proverb from Sierra Leone |
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PUBLIC STATEMENT - April 1, 2025 State House
