Tabax Rewmi The Gambia, we unequivocally condemn the use of tear gas by the Gambia Police Force against peaceful students at the University of The Gambia on December 2, 2024.
This action, which targeted individuals exercising their constitutional right to peaceful protest, represents a grave violation of their fundamental freedoms. The Constitution of The Gambia guarantees the rights to freedom of expression, peaceful assembly, and association, as stated in Section 25(1), which affirms that “every person shall have the right to freedom of speech and expression,” and Section 25(3), which ensures that “every person shall have the right to freedom of assembly and association.”
While we acknowledge the Gambia Police Force’s statement identifying the officer responsible for the incident and promising disciplinary action, we firmly believe that this is part of a broader challenge in ensuring that law enforcement respects and upholds the rights of citizens. The New Gambia is built on the pillars of justice, accountability, and respect for human rights, and it is imperative that all state institutions, including the police, align their practices with these values.
In light of this incident, Tabax Rewmi The Gambia recommends the following actions to prevent similar occurrences in the future:
1.Enhanced Police Training on Human Rights and De-escalation: Police officers must undergo continuous and comprehensive training in human rights, conflict resolution, and non-violent methods of managing public demonstrations. This training should reflect Section 25(1) of the Constitution, which guarantees freedom of expression, and ensure that law enforcement understands its duty to protect citizens’ rights rather than suppress them.
2. Clear Protocols for Protest Management: The Gambia Police Force must establish clear, publicly available guidelines for handling protests that prioritize de-escalation and the protection of rights over the use of force. This approach should be consistent with the Constitutional provisions that safeguard the right to peaceful assembly (Section 25(3)), ensuring that protests are managed in a manner that upholds democratic principles.
3. Accountability and Transparency: It is essential that the police establish an independent and transparent system for investigating incidents of misconduct. Section 28 of the Constitution provides for the protection of citizens from arbitrary arrest and detention, making it critical that the police are held accountable for actions that violate the rights of peaceful protesters. The outcomes of investigations should be made public to demonstrate the commitment to justice and accountability.
4. Public Education on Rights and Responsibilities: Citizens, particularly students, must be educated about their constitutional rights to peaceful protest and expression under Section 25(1) and Section 25(3). Simultaneously, law enforcement should be educated on their duty to uphold and protect these rights, in line with the Gambian Constitution and international human rights standards.
5. Strengthening Civil-Police Relations: We call for greater dialogue and understanding between law enforcement agencies, students, and civil society groups. Section 4 of the Constitution, which enshrines the supremacy of the Constitution, emphasizes the importance of respecting the rule of law. Both citizens and law enforcement must work together to ensure that the rights of all individuals are protected and that the police serve the people with dignity and respect.
We stand in solidarity with the students of the University of The Gambia and all Gambians who peacefully express their views in accordance with their constitutional rights. The right to free expression and peaceful assembly is central to our democracy and must be respected at all times.
Let this moment serve as a call for reflection and reform, ensuring that such incidents are not repeated. The Gambia’s commitment to human rights, as enshrined in our Constitution, must guide the actions of our police force, reinforcing a society built on justice, peace, and the rule of law.
Yahya Makalo,
Admin Secretary, Tabax Rewmi The Gambia
4/12/24
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