The event featured two speakers: Dr Satang Nabaneh, a post-doctoral researcher at the Centre for Human Rights in Pretoria, and an expert in human rights, constitutional law, and women’s rights; and Mansour Jobe, the Legal & Investigations Director at the National Human Rights Commission of The Gambia and an expert on the Gambian justice system. The event was chaired by Edmund Foley, the Director of Programs at IHRDA. The event was attended by over 20 delegates from The Gambia, the UK, South Africa, Zimbabwe, Cameroon and others.

 In her presentation, Dr Nabaneh spoke on the process of constitutional review which happened in The Gambia over 2019/20. She highlighted the need for a change to the constitution, which was heavily linked to the previous authoritarian regime. She detailed the proposed changes to the constitutional protection of the right to fair trial, and highlighted some key recent events and contemporary issues in The Gambia where fair trial is raised, such as bail, details of alleged offenders being published on the national broadcaster, GRTS, and the impact of Covid-19. Mr Jobe presented on key issues for a fair trial and the right to silence in the Gambian justice system today. He highlighted as issues the system of denying bail and the potential conflict with the presumption of innocence, the lengthiness of proceedings pre- and post-charge, and proximity to the executive. He highlighted the key protections for the right to silence, and noted a remaining lacuna whereby adverse inference was possible by judges and magistrates.

 It was highlighted in both presentations that certain institutions in the legal sector have key responsibilities for improving fair trial in The Gambia and this idea was picked up in discussion with all delegates after the presentations. There was discussion around the role of the judiciary, who under the previous regime had supported the executive and were dismissed if they did not. While the judiciary are showing a willingness to work towards improving their independence, there are still some issues, for example the Judicial Service Commission is still appointed by the President. Implementation of the Legal Aid Act was also raised as a key issue, highlighting that while the legislation is progressive, there are remaining issues in its implementation and conflict with other laws. The role of the Bar Association of The Gambia was also discussed, for example, highlighting the importance of a culture of pro bono work, and the work already being done on mobile clinics. A concluding point made was that with the coming submission of the final report of the Truth, Reparation and Reconciliation Commission, due process and fair trial must remain at the forefront of discussion about justice for past human rights violations so as to avoid a ‘Victor’s Justice’ approach.

You are welcome to watch the full recording from this event. 

Further Information 

For more information, please contact Christopher Gray.