Africa-Press – Gambia. The recent wave of protests in The Gambia has once again brought the Public Order Act under the national spotlight. Enacted during an era of authoritarian control, this law requires citizens to obtain a police permit before engaging in any form of public procession.
Over the years, it has been used as a tool by successive governments to stifle dissent, restrict free expression, and limit the democratic space. The question now is whether such a law is constitutional in a democratic society.
The 1997 Constitution of The Gambia guarantees freedom of assembly, association, and expression. These rights are not absolute, of course, as the state has a duty to ensure public safety and order. However, the essence of a constitutional democracy is that restrictions on freedoms must be reasonable, necessary, and proportionate.
The requirement for a police permit before citizens can gather and voice their concerns effectively makes freedom of assembly subject to the discretion of the police. This undermines the very spirit of constitutional guarantees and gives room for abuse.
The debate often boils down to whether citizens have the right to protest without a permit. In principle, yes—they do. Citizens should be able to assemble peacefully without prior restraint, provided they do not infringe on the rights of others or threaten public safety.
The role of the police should not be to grant or deny permission but to facilitate and protect peaceful assemblies. In modern democracies, advance notification to authorities is the norm, not restrictive permitting. Notification allows the police to prepare for crowd control, traffic management, and safety—without placing unnecessary barriers on citizens’ rights.
It is also important to distinguish between a procession and a march. A procession generally refers to an organised movement of people, often ceremonial, moving from one point to another. A march, however, is more political in nature, a demonstration of solidarity or protest by citizens demanding change. Both fall under the umbrella of freedom of assembly, and both should be treated as legitimate expressions of democratic rights.
What ought to be done is clear: the National Assembly should review and amend the Public Order Act to align it with constitutional provisions and international human rights standards. The police should be trained and equipped to manage, not suppress, public gatherings. Citizens must equally exercise their rights responsibly, ensuring peaceful conduct at all times.
If The Gambia is to build a truly democratic culture, then the right to assemble and protest must be respected, protected, and guaranteed—not as a favour from authorities but as a fundamental right of the people.
It is high time the lawmakers do exactly that– make laws that align with democratic culture.
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