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Momodou
Denmark
11821 Posts |
 Posted - 23 Aug 2006 : 23:17:34
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International Bar’s Report on Gambia
A delegation of the International Bar Association visited the Gambia from 12 to 16 June 2006. The mission was prompted by concerns regarding the status of the rule of law, the independence of the judiciary and the ability of the legal profession to exercise its professional duties freely. These concerns arose following reports about the removal of the Chief Justice in February 2006, the lack of security of tenure of foreign judges appointed on contracts, the ongoing boycott by the Gambia Bar Association (GBA) of a High Court judge and the harassment and detention of lawyers. The delegation comprised Justice Yvonne Mokgoro, Constitutional Court of South Africa; Sternford Moyo, Deputy President of the Southern African Development Community Lawyers Association, Former President of the Zimbabwe Law Society; Greg Mayne, Programme Manager, Human Rights Institute, International Bar Association; and Alex Wilks, Parliamentary Legal Officer to Lord Lester of Herne Hill QC. Below is a press release issued by the IBA on its report on The Gambia.
The Human Rights Institute of the International Bar Association (IBA) today issued a new report entitled, “Under Pressure: A Report On The Rule Of Law In The Gambia”.
The report details the threats to the independence of the judiciary, the ability of lawyers to exercise their profession freely and highlights the recent deterioration in the respect for the rule of law, freedom of expression and the protection of human rights in the Gambia.
The report concludes that the judicial system in the Gambia suffers from neglect, under-investment, and a severe lack of resources and infrastructure, resulting from a general de-prioritisation of its importance. While the Government was supportive of the independence of the judiciary in discussions with the delegation, in practice many of its actions undermined judicial independence and the rule of law, and its overall attitude to the role of the judiciary was of grave concern. This has created a climate where the protection of human rights is undermined and the rule of law subverted.
Sternford Moyo, Deputy President of the Southern African Development Community Lawyers’ Association and member of the IBA delegation stated: “Lawyers in the Gambia are currently operating under challenging conditions due to the existence of ongoing incidents of harassment and intimidation, which have created a climate of fear in the profession. Gambian and international law recognises the fundamental role that lawyers play in ensuring the right to a fair trial and the good functioning of the administration of justice. The Government must respect this. An independent legal profession free to discharge its functions without fear is a prerequisite for an effective administration of justice and observance of the rule of law. It is one of the primary manifestations of a society in which human rights, particularly the right to protection of the law, are enjoyed.”
Greg Mayne, HRI Programme Lawyer stated: “The current situation in the Gambia is of significant concern. The Government must give greater attention to strengthening the operation of the judicial system and the institutions of justice, or otherwise risk further undermining the rule of law and development in the country. We call upon the international community, in particular the African Union, to give more attention to these issues in the Gambia.”
Source: Foroyaa Newspaper Burning Issue
Issue No. 69/2006, 23-24 August, 2006
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