Crackdown on Dissent: Gambia’s Public Order Act Blocks Peaceful Protest

GALA Protestors pray at Westfield Road blocking traffic © Juldeh Njie

By Edward Francis Dalliah

Despite strides toward democratic reform since the fall of former President Yahya Jammeh’s regime in 2016, The Gambia continues to grapple with the Public Order Act of 1961, a legal framework inherited from its colonial and authoritarian past. Amended in 1963 and 2009, the law has maintained the same regulatory framework since its enactment to restrict peaceful assembly.

Last week, the Act was once again used by the office of the Inspector General of Police (IGP) to deny a permit for a “peaceful assembly” by a youth-led civic group named Gambians Against Looted Assets (GALA), which intended to peacefully protest to demand transparency over the sale of former President Jammeh’s assets. This followed a recent investigative report published by the Republic titled “The Assets of Gambia’s Former Dictator Go for a Song,” which raised serious questions about the transparency and accountability of the asset recovery process.

GALA applied on Tuesday, 6th May 2025, to hold what they described as a “peaceful assembly slated for 8th May 2025 from 11:00 a.m. to 1:00 p.m.” in the capital, Banjul. However, less than 24 hours after submitting their request to the IGP, they received a response that their “permit request is not approved,” with no reasons provided.

In response, the group held a press conference, announcing they would proceed with the protest regardless of the denial. True to their word, on Thursday, 8th May 2025, GALA members took to the streets and were arrested by the police.

Under Section 5 of the Public Order Act, any individual or group organising a public procession must obtain a permit from the police for such gatherings. Failure to do so renders the assembly “unlawful,” exposing participants to arrest, detention, and prosecution. Following the protest, several GALA activists were arrested and taken into custody at the Police Headquarters in Banjul, where they remain detained.

The arrests have drawn widespread criticism. Civil society actors, the public, and opposition politicians have called for their release, while others visited them at the Police Headquarters. Mayor Talib Bensouda voiced his support on Facebook, asserting that “the right to protest is a fundamental freedom.” He added that GALA’s demand for transparency and accountability “is not just legitimate; it is necessary.”

GALA Protestors at Westfield © Alhagie Manka

What Does the 1997 Constitution Say?

Section 25(1)(d) of the 1997 Constitution of The Gambia affirms: “Every person shall have the right to freedom of assembly and demonstration peacefully and unarmed.” Many legal experts and activists argue that this right should not be subject to arbitrary limitations, particularly those imposed by Section 5 of the Public Order Act.

In a notable legal challenge, Hon. Ousainou Darboe and 19 other plaintiffs previously argued that Section 5 of the Act violates both Section 25(1)(d) and Section 25(2) of the Constitution following the arrest and detention of the late Solo Sandeng on April 14th and 16th, and later on May 9th, including other members of the United Democratic Party (UDP) who protested for electoral reform. However, the Supreme Court upheld the law, declaring it consistent with the Constitution.

That decision received backlash from human rights advocates, notably Madi Jorbateh. In a 2017 opinion published in The Standard Newspaper, he wrote: “I wish to declare my disagreement with the Supreme Court that the Public Order Act is in line with the Gambia Constitution 1997.” He further stated, “I hold the view that certain key provisions of the Public Order Act are directly and unequivocally in contravention of the Constitution and inimical to a democratic society, hence should have been declared unconstitutional.” Despite these comments, the law continues to be used to deny citizens the right to peaceful assembly.

GALA Protestors at Westfield © Unknown

A Legacy of Suppression

The Public Order Act has long been criticised as a tool for authoritarianism. A 2018 report submitted under The African Charter on Human and Peoples’ Rights, covering the period from 1994 to 2018, documented the law’s frequent use to curtail the right to assemble and demonstrate peacefully without arms. The report cited instances where the law was used to suppress the constitutional right enshrined in Section 25(1)(d) and Section 25(2) of the 1997 Constitution, including the April 2000 and April 2016 UDP protests for electoral reform, which saw UDP leadership, including Hon. Ousainou Darboe, jailed for “unlawful assembly.”

Growing Calls for Reform

Momentum for reform has been building, both locally and internationally, to repeal the Act. Human rights organisations continue to urge The Gambia’s National Assembly to repeal or amend the law to bring it in line with democratic principles and constitutional standards. However, despite these efforts, legislative change remains intangible.

As The Gambia continues its path toward democratic consolidation, the tension between the Public Order Act and the constitutional right to peaceful assembly remains unresolved. Until meaningful legal reforms are enacted, the right to protest risks being treated not as a guaranteed freedom but as a privilege granted at the discretion of state authorities.