The United States (U.S) has, on March 11, 2i00I8, published a critical report on the human rights situation in the Gambia, in 2007, among them arbitrary arrest and detention of political opponents; poor prison conditions and disappearances. It however highlighted some positive strives the country made in its human records in 2007.

 The Country Reports on Human Rights Practices are submitted annually by the U.S. Department of State to the U.S. Congress in compliance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (FAA), as amended, and section 504 of the Trade Act of 1974, as amended.

In announcing the publication of the report in Washington, DC, the Secretary of State, Madam Condoleeza Rice, quoted President George W. Bush’s phrase: “Freedom can be resisted, and freedom can be delayed, but freedom cannot be denied.” She added: “Change may, indeed change will, take time, but change will come. As long as citizens around the world champion the universal values of human rights, there is hope. And we, in the United States, continue to believe that it is our duty to support these courageous men and women. And it is in that spirit that I am pleased to present these Country Reports on Human Rights Practices for 2007.” While noting that the Gambian constitution and law prohibit arbitrary arrest and detention; however, there were “instances of police and security forces arbitrarily arresting and detaining citizens”.

 The report especially pointed to the continued detention without charge of YaYa Bajinka, a security agent, who was arrested since July 2006. It also spoke of the prolonged trial and detention of Hamadi Sowe, a civilian arrested in connection with the March 21, 2006 foiled coup against the government of President Yahya Jammeh, who himself came to power through a coup in 1994.

“On October 12 {2007}, Ousman Jatta {an opposition elected Councillor} who had been in detention since September 2006, was released from detention following a third high court order for his release on June 5. Jatta was rearrested twice in 2006 without charge for expressing views in disagreement with the government,” said the report. According to it, the Indemnity Act continued to prevent victims from seeking redress in torture cases related to official actions taken by military personnel during the country’s period of military rule from 1994 to 1996. “Throughout the year, defendants, including those held in connection with the March 2006 coup plot, made credible reports of being tortured while in detention. The torture claims included allegations of electrocution, cigarette burns, plastic bags held over people’s heads, knife wounds, cold water treatments, and threats of being shot. The government did not respond to these allegations,” the State department’s report disclosed.

 It also said local jails in the Gambia were overcrowded, and inmates, including detainees awaiting trial, occasionally slept on the floor. The report also speaks on the “deterioration” of the Gambia’s media environment, citing the government closure of the Independent newspaper, and harassment of journalists. “The Senegalese-owned radio station SUD FM, whose license was revoked by the government in 2005, remained closed during the year,” it says, noting that Fatou Jaw Manneh, a Gambian journalist and political activist living overseas, was detained upon arrival in the Gambia. After being held for six days, beyond the 72-hour legal limit, Jaw Manneh, it stated, was charged with three counts of sedition and her trial is still ongoing.

 On positive notes, the State department reports acknowledged that the Gambia continued to recruit judges and magistrates from other Commonwealth countries in a bid to alleviate the backlog of cases in the courts. It also noted that the government has cooperated with the office of the UN High Commissioner for Refugees and asylum seekers with integration efforts.

It also said the Red Cross Society and other agencies provide protection and assistance to refugees. Other areas the Gambia government was given a pat on the back were academic freedom and cultural rights, freedom of religion, as well as the protection of women and children. “There were no government restrictions on academic freedom or cultural rights. The constitution and law provide for freedom of assembly and association, and the government generally respected these rights in practice. “The constitution and law provide for freedom of religion, and the government generally respected this in practice,” it stated. Meanwhile, the state department had also published reports on human rights practices in Senegal, Canada, China, among other countries, highlighting both the positive and negative pictures