ARTICLES

Press freedom and democratic governance in The Gambia: A rights-based approach

Aboubacar Abdullah Senghore

Dean, Faculty of Law, University of The Gambia

SUMMARY

The article explores the relationship between democratic governance and the free and independent press in The Gambia since the inception of the Gambian First Republic in 1970. It supports the rights-based approach which perceives the issues of democracy, good governance, and a free and independent press as related to the concept of human rights and fundamental freedoms. Put differently, a free and independent press is not only a mirror of good governance, but also one of the essential elements of democratic governance. This article represents a modest contribution to the existing literature on the questions of governance, democracy, press freedom and human rights, with particular reference to The Gambia.

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* PhD (Malaysia); aasenghore@utg.edu.gm
1 A Bensouda The law and media in The Gambia (1998).
2 NG Johnson The story of the newspaper in The Gambia: An interpretive account of the history and development of newspaper journalism (2004).
3 F Sulayman et al Monitoring progress in the practice of good governance in The Gambia: A consultancy report (2004).
4 H Mander & M Asif Good governance resource book (2004) 15.
5 Mander & Asif (n 4 above) 15-16.
6 As above.
7 As above.
8 Sabally v Inspector-General of Police & Others (2001) 2 GR 883. See also sec 4 of the 1997 Constitution of the Republic of The Gambia; art 7 of the African Charter on Human and Peoples' Rights.
9 Act 12 of 2010.
10 Sabally (n 8 above).
11 Momodou ¡obe v The Attorney-General (1984) AC 689. See also Kaba jallow v The Attorney-General 1972 (unreported).
12 Secs 4, 7, 17-38, 60, 139-159, 76, 100 & 120 1997 Constitution of The Gambia.
13 Secs 42-45, 145-148, 131-133 & 163-165 1997 Constitution of The Gambia.
14 AA Senghore 'The judiciary in governance in The Gambia: The quest for autonomy under the Second Republic' (2010) 27 journal of Third World Studies 215-248.         [ Links ]
15 The State v Messer Ebrima Barrow, Momodou Ousman Saho, Momodou Marraneh, Ebrima Yabo, Lieutenant Lallo jaiteh & Lieutenant Omar Darboe, High Court judgment, July 2003, not yet reported (quoted in Senghore (n 14 above) 232).
16 The State vANO Ousainou Darbor& Others, judgment of the High Court, June 2005, not yet reported (also quoted in Senghore (n 14 above) 232).
17 National Alliance for Democracy and Development v The Independent Electoral Commission, judgment of the High Court, 2005, not yet reported (quoted in Senghore (n 14 above) 232).
18 Pa Sallah jeng v The Minister of Local Governance and Lands, High Court judgment, 2006, not yet reported (quoted in Senghore (n 14 above) 232-233).
19 As above.
20 The State v Amadou Scared Janneh & 2 Others, High Court judgment, January 2012, not yet reported.
21 The State v Lang Tombong Tamba and Co, High Court, July 2010, not yet reported (also quoted in 'Ruling in ex- CDS Tamba and Co case today' The Point 19 October 2012).
22 The State v Ensa Badjie, High Court judgment 29 July 2011, not yet reported (also quoted in 'Life sentence for Ensa Badjie' Foroyaa 1-2 August 2011).
23 Baboucarr Gaye v The IGP (2000) WLR 200.
24 Sec 25 1997 Constitution of the Republic of The Gambia; art 22 1970 Constitution of the Republic of The Gambia.
25 See para 4.1 below.
26 Secs 3, 4 & 5 The Newspaper Act of 1944.
27 See generally written comments submitted by Article 19 'Global campaign for free expression on the National Media Commission Act' (2002) 58.
28 Johnson (n 2 above) 413-416. See also sec 52 of the National Media Commission Act of 2001 (repealed).
29 Sec 210 1997 Constitution of the Republic of The Gambia.
30 Sec 52 Criminal Code Act 18 of 2004.
31 Johnson (n 2 above) 236-238. See also S Conateh 'Press freedom in The Gambia', paper presented at a seminar in Banjul (2000).
32 An offence under sec 51 above carries a minimum fine of D50 000.00 or a minimum prison term of not less than one year. The maximum fine for this offence should not exceed D200 000.00. Sec 52A provides the power of the court to order for the confiscation of a printing machine used to print or produce prohibited publications upon conviction in court.
33 For more about Gambian press law, see the Information and Communication Act 2009 Cap 74i03, Laws of The Gambia.
34 FB Nyamnjoh Africa, media, democracy and the politics of belonging (2005) 235-237.
35 BBC Focus on Africa 27 December 2004.
36 See generally the following issues of the Independent newspaper: 23-25 July 1999; 19-22 August 1999; 21-23 & 28-30 July & 27-30 November 2000; also 16-19 & 20-22 July 2001; 17-19 August & 23-25 November 2001; also 13-16 January & 22-25 September 2003; and 16-18 January & 8-11 April 2004; also 24-27 October 2005. This list is not an exhaustive one. Rather, it is only an example of all the issues surveyed, which gave a detailed account of the newspaper's confrontations with the executive.
37 DAS Kyi & S Hessel 'Steadfast in protest' Annual Report of the Observatory for the Protection of Human Right Defenders (OBS) of the International Federation for Human Rights (FIDH) and World Organisation Against Torture (2011) 84-85.
38 Senghore (n 14 above) 215-248.
39 Sec 4 1997 Constitution of the Republic of The Gambia.
40 Ch 4 1997 Constitution of the Republic of The Gambia.
41 Senghore (n 14 above) 215-248. See also AA Senghore 'The contribution of the human rights revolution to the promotion of gender development and equality' unpublished conference paper (2005).
42 Report of the International Press Institute World Press Freedom Review December 2004 31-32.
43 Quoted in Media Alert - West Africa 2009 Annual State of the Media Report 26-27 and 46-47.
44 This conference took note of the current poor relationship between the independent media and the government of The Gambia. Participants noted with particular interest what was described as the deteriorating human rights treatment of media practitioners in the country, particularly the murder of Mr Deyda Hydara, editor and co-founder of the private newspaper The Point under mysterious circumstances and the disappearance of Mr Ebrima Manneh, a former journalist of the Daily Observer. DAS Kyi & S Hessel 'Steadfast in protest' annual report of the Observatory for the Protection of Human Right Defenders (OBS) of the International Federation for Human Rights (FIDH) and World Organisation Against Torture (2011).
45 See Article 19 'The Gambia: Arresting and detaining court reporters damages public trust in the judiciary' http://www.article19.org/resources.php/resource/3397/en/the-gambia:-arresting-and-detaining-court-reporters-damages-public-trust-in-the-judiciary (accessed 31 October 2012).
46 'GPU calls on the state to drop charges against journalists' Foroyaa 25 September 2012.
47 Brikama is the provincial capital of the country's West Coast region, while Kerewan is the centre for the northern region. Farafenni is an urban commercial centre in the northern region; George Town or Janjangburreh is the provincial centre of the Central River region, while Sapo is an agricultural training post in the same region.
48 See generally Baboucarr (n 23 above).
49 Europa world yearbook (1990) 1089-1094.
50 See generally Baboucarr (n 23 above).
51 Art 9 Universal Declaration of Human Rights of 1948; art 9 African Charter; art 19 International Covenant on Civil and Political Rights of 1966.
52 Kyi & Hessel (n 37 above) 83.
53 See Johnson (n 2 above) 281-333.
54 See 'IPI expresses concern at continued efforts to censor media' Foroyaa 25 September 2012.
55 See Johnson (n 2 above) 386-406.
56 See Johnson (n 2 above) 281-334. See also AA Senghore 'Africa in a changing world: The major governance crisis in West Africa and the way forward' paper presented at an international conference on 'Africa: The present and the prospects for the future' held in Niamey, Niger, 20-22 December 2008.
57 See generally Senghore (n 34 above).
58 ECS Wade & G Philips Constitutional and administrative law (1997).
59 Sec 4 1997 Constitution of the Republic of The Gambia.
60 See Sabally v Inspector-General of Police (n 8 above).
61 See Johnson (n 2 above) 316.
62 See Johnson (n 2 above) 386-390.
63 Johnson (n 2 above) 388; The Gambia News and Report 2003.