Africa-Press – Gambia. The National Human Rights Commission (NHRC) has recommended that the government repeal or comprehensively amend the Public Order Act, particularly Section 5, which currently requires a permit to hold public assemblies.
In its 2024 State of Human Rights Report, the NHRC advocates replacing the permit requirement with a simple notification process to better align with international human rights standards on freedom of assembly and association.
The NHRC’s concerns include the unnecessary fear and panic caused when citizens seek to exercise their right to assemble, which they view as an affront to democratic gains.
The Commission urged government to swiftly amend Section 5 and place it before the National Assembly for enactment.
It further recommended that the Attorney General withdraw all charges against persons accused of holding unlawful assemblies pursuant to the Public Order Act.
The NHRC also recommended a comprehensive review of the entire Public Order Act to ensure compliance with The Gambia’s international human rights obligations and the implementation of training for police on crowd control and management of assemblies to respect these rights.
The right body argued that enjoying the right to freedom of assembly continues to be a challenge in the country.
It directed the attention of the State to the implications of section 5 of the Public Order Act as it restricts the right to freedom of assembly, arguing that while reasonable restrictions on association and assembly are permissible under human rights law and the 1997 Constitution, the restrictions should be exercised in accordance with fairness, equality and non-discrimination.
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