By Ebrima Mbaye
The National Human Rights Commission (NHRC) has called for urgent amendments to the Public Order Act and the immediate dismissal of charges against youth protesters detained since 22 August 2025, citing excessive police force and violations of constitutional rights.
In a powerful statement issued today, NHRC Chairperson Emmanuel Daniel Joof condemned the police’s “heavy-handedness” and “indiscriminate firing of tear gas” during recent protests, describing these actions as a direct affront to the fundamental rights of Gambian citizens. The Commission emphasized that such conduct undermines the freedoms of assembly and association guaranteed under Sections 25(1)(d) and (e) of the 1997 Constitution, as well as international human rights standards.
“The Commission is deeply concerned with the developments and condemns the manner in which some law enforcement officials handled the events,” the NHRC statement read. It further reminded the government, particularly the Inspector General of Police, of their obligation to protect human rights during public assemblies.
The NHRC reiterated its long-standing recommendation to amend Section 5 of the Public Order Act, which currently requires a permit for public gatherings. The Commission proposed replacing this with a simpler notification system to facilitate the exercise of democratic rights. “The requirement for a permit often undermines the constitutional freedoms of assembly and association,” the statement noted, highlighting how restrictive laws and practices contravene The Gambia’s obligations under international human rights instruments.
With the 2026 electoral cycle approaching, the NHRC warned that failure to reform the Public Order Act could escalate tensions during a period expected to see increased public assemblies. “This is crucial not only as The Gambia continues its democratic journey but also as the country heads towards the 2026 electoral cycle, a period likely to witness numerous assemblies,” the Commission stated.
In addition to calling for legislative reform, the NHRC urged the government to drop all charges against the detained protesters and to implement human rights-based training for police officers. The Commission emphasized that such measures are crucial to prevent further violations and promote a culture of accountability within law enforcement.
While addressing the government, the NHRC also appealed to protesters to exercise their rights responsibly. “Both duty bearers and rights holders must exercise restraint and work together to preserve the peace and stability the country continues to enjoy,” the statement emphasized.
The recent protests, which began on 22 August, have sparked widespread debate about the balance between maintaining public order and upholding democratic freedoms. The NHRC’s intervention has intensified calls for reform, with civil society groups echoing the demand for a review of the Public Order Act. Critics argue that the law, in its current form, grants excessive power to authorities, stifling dissent and peaceful assembly.
