Former GBA President Warns of Democratic Backsliding Amid Arrest of Peaceful Protesters

Sal Taal (in grey) and Police PRO © Askanwi

By Edward Francis Dalliah,

The former Gambia Bar Association (GBA) president, lawyer Salieu Taal, has expressed concerns that the country is showing signs of backsliding in security sector reforms, particularly in the handling of peaceful assemblies that do not engage in processions or usage of loudspeakers.

Counsel Taal made the remarks on Thursday, 18th September 2025, during a policy dialogue on Security, Peacebuilding, and Sustainable Development convened at The Association of Non-Governmental Organisations (TANGO) Conference Hall in Fajara. The forum, supported by the European Union through the STAR Project, brought together stakeholders to review progress and challenges in The Gambia’s peace and security agenda.

During the panel discussion, Counsel Taal criticized the continued reliance on the Public Order Act by the authorities, a law he said was ‘misused under former President Yahya Jammeh.’ He argued that the police are still ‘misapplying the act,’ interpreting it in ways that curtail fundamental freedoms rather than safeguard them. Echoing similar concerns, activist Madi Jobarteh of the Edward Francis Small Center for Rights and Justice (EFSCRJ) pointed to recent incidents where police disrupted peaceful gatherings that neither involved processions nor loudspeakers.

High Table discussion © Askanwi

Responding to both Counsel Taal and Mr. Jobarteh, Police PRO ASP Modou Musa Sisawo defended the force, insisting that their actions are guided strictly by the law. He explained that officers usually warn participants to disperse before taking further action in unauthorized assemblies. ASP Sisawo stressed that while citizens have the right to protest, due process must be followed, and when it is not, the police are mandated to act.

Due process in this context involves requesting a protest permit and going through police screening.

However, both Counsel Taal and Mr Jobarteh maintained that the police’s interpretation of the Public Order Act amounts to a misapplication that undermines citizens’ constitutional right to peaceful assembly. The two emphasised that the law specifically addresses only processions and the use of loudspeakers, a position upheld by the Supreme Court as a permissible limitation under Section 25 of the 1997 Constitution. They argued that only in cases where a protest involves a procession or loudspeakers is a permit from the Inspector General of Police required as per the Act.

Police PRO Sisawo © Askanwi

Prior to winning his first term in office, President Adama Barrow’s government pledged to address the Public Order Act. One of its pledges noted that “Public Order Act, Laws of The Gambia 2009, gives too much power to the Inspector General of Police and does fetter freedom of association and assembly.”

To address this issue, “the Coalition government will repeal any provision in the Public Order Act which is not reasonable and justifiable in a democratic society, such as those which hinder peaceful procession to highlight public grievances, which is the main tool for exercising civil society oversight over the governance process.”

Six years later, President Barrow’s government, via the current Attorney General, Hon. Dawda A. Jallow, and Minister of Justice, accepted the Truth, Reconciliation and Reparations Commission (TRRC) recommendations to “initiate a review of the Public Order Act as well as other relevant laws.” Now, nine years later, the law still remains in place as the government cracks down on peaceful protestors.

Sal Taal © Askanwi

The dialogue, which also featured contributions from the Office of National Security and the West Africa Network for Peacebuilding (WANEP), sought to assess whether The Gambia is on track to meet its national and international commitments on peace, security, and inclusive governance.

By the end of the discussions, participants underscored the need for stronger accountability, reforms, and closer collaboration between state and non-state actors to consolidate peace and safeguard democratic gains.