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Momodou
Denmark
11863 Posts |
 Posted - 05 Nov 2026 : 05:38:37
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ADVISORY OPINION OF THE CHAIRPERSON OF THE NATIONAL HUMAN RIGHTS COMMISSION TO ALL STAKEHOLDERS 4th November 2026
Safeguarding Our Democratic Gains, Upholding the Rule of Law and Ensuring Peaceful and Credible Elections
To: Government Officials; the Chairperson and Members of the Independent Electoral Commission; Political Parties; TANGO and Civil Society Organisations; Faith-Based Organisations; Security Services; the Media; and the People of The Gambia.
As the nomination of presential candidates is ongoing and as we approach the presidential election scheduled for 5 December 2026, I believe this is a moment that calls for wisdom, restraint and a strong sense of collective responsibility. The intense discussions surrounding the possible disqualification of the Mayor of Kanifing Municipal Council, Mr Talib Ahmed Bensouda, have generated considerable public interest and, understandably, some apprehension.
The National Human Rights Commission, as the institution mandated to promote and protect human rights, and to contribute to strengthening the rule of law and sustainable peace in The Gambia, has received calls from various quarters to lend its voice to the appeal for peaceful, free and fair elections. In this regard, as Chairperson of the Commission, I consider it important to offer a few reflections, not to take sides in a political contest or prejudge matters that properly fall within the mandate of other institutions, but rather to appeal to the conscience of all stakeholders and remind ourselves of the principles and democratic values that must guide our conduct.
First and foremost, legal questions must be addressed fairly and objectively and there are legitimate legal questions concerning the interpretation and application of the constitutional provisions on disqualification, particularly section 62(3)(c) of the Constitution, in the context of the findings of the Local Government Commission of Inquiry and the subsequent Government White Paper.
A distinction must however be drawn between a finding by a Commission of Inquiry that a person is liable for misconduct, negligence, corruption or improper behaviour and a recommendation that further investigation or action be taken. Equally, the legal effect of the Government White Paper must be considered within the context of the actual findings and recommendations of the Commission.
Questions also remain about the appeal reportedly lodged against the adverse findings and its potential legal implications. Addressing these questions requires careful review of the relevant documents and applicable constitutional provisions.
I do not consider it appropriate for the NHRC to pronounce itself on the merits of these questions. The IEC must be allowed to exercise its constitutional mandate independently and impartially, while any substantial ambiguity concerning the interpretation or application of constitutional provisions should, where necessary, be left to the courts for authoritative determination.
Seeking judicial clarification should not be viewed as a weakness or an attempt to frustrate the electoral process. Rather, it demonstrates respect for the Constitution and the rule of law. Any decision affecting a person's eligibility to contest an election must be grounded in law, supported by relevant evidence and reached through a fair process.
Beyond the legal arguments, we must not lose sight of the importance of public confidence in our institutions. This requires consistency, fairness and transparency.
Some Gambians have questioned the timing of the publication and implementation of the Commission of Inquiry's findings, particularly given the proximity of the electoral process. Others have expressed concern about what they perceive as inconsistent treatment of persons adversely mentioned in other Commissions of Inquiry, including instances where pardons or other forms of clemency have reportedly been granted.
Whether all these perceptions are entirely justified is a matter for debate. However, public confidence in our institutions is too important for such concerns to be dismissed lightly.
Government and all public authorities have a responsibility to ensure that the law is applied consistently, fairly and without favouritism or political considerations. They must also be conscious of how their actions and decisions may be perceived.
In particular, authorities should avoid creating the impression, whether intended or otherwise, that constitutional or legal provisions are being selectively or discriminatorily applied to prevent an individual from holding public office or exercising fundamental political rights. I recognise that, rightly or wrongly, this is already a perception being expressed by sections of the public in relation to the current controversy. Such perceptions deserve careful consideration because they can undermine public trust in our democratic institutions.
This is not to suggest that anyone should be above the law or exempt from accountability. No one is. But the law must apply equally to everyone, irrespective of political affiliation, status or influence. Accountability must be pursued, but always within the confines of the law and due process.
Our common objective should be to strengthen public confidence in the rule of law and ensure that every institution is seen to act independently, fairly and in the public interest.
Our peace and democratic gains must come before political interests and perhaps our greatest responsibility at this moment is to protect the peace, stability and democratic gains that our country has worked so hard to achieve.
The ongoing debate surrounding the possible disqualification of Mr Talib Ahmed Bensouda raises questions that go beyond the eligibility of one individual to contest an election. It touches on public confidence in our institutions, the impartial application of the law and the strength of our democracy.
It is important that we allow the institutions constitutionally mandated to interpret and apply the law to discharge their responsibilities without political pressure or interference. The IEC must exercise its mandate independently and objectively, while substantial questions of constitutional interpretation should, where necessary, be left to the courts. Neither political expediency nor public pressure should take the place of lawful institutional processes.
At the same time, Government and other public authorities must be conscious of how their actions are perceived. They should avoid creating the impression that legal or constitutional provisions are being selectively applied to deny an individual the opportunity to hold public office or exercise a fundamental political right. Such rights must be respected, subject only to lawful and constitutionally established limitations.
We must remember how far The Gambia has come. In December 2016, Gambians, through the ballot box, brought an end to 22 years of authoritarian rule under former President Yahya Jammeh, a period characterised by grave and widespread human rights violations. That peaceful democratic transition earned our country considerable admiration and goodwill internationally. It restored hope and demonstrated that even entrenched political power can be changed through the will of the people.
These democratic gains do not belong to any one political party, government or individual. They belong to all Gambians, and we all have a responsibility to protect them.
Political competition and disagreements over the interpretation of the law are part of democratic life. However, no political ambition should be allowed to overshadow our collective responsibility to preserve peace, uphold the rule of law and protect the rights of every citizen.
Political leaders and their supporters must demonstrate restraint and responsible leadership. The rights to peaceful assembly, freedom of expression and political participation must be respected. Equally, no one should resort to threats, intimidation or violence to advance a political cause or express dissatisfaction with an institutional decision.
The preservation of peace must never become an excuse for suppressing legitimate rights, just as the exercise of democratic rights must never become a justification for violence or lawlessness.
Ultimately, our concern should not simply be who wins or loses an election, but whether our conduct and decisions strengthen or weaken the democratic institutions and values that will outlive all of us.
I therefore appeal to Government and public officials to exercise restraint, demonstrate fairness and ensure that public authority is exercised in the broader national interest and in accordance with the Constitution and the rule of law.
I urge the Chairperson, Commissioners and Staff of the IEC to discharge their responsibilities independently, transparently and without fear, favour or political pressure.
I call on political parties, their leaders and supporters to demonstrate maturity and pursue their differences through lawful and democratic means. No political ambition is worth placing the peace and security of our country at risk.
I also appeal to TANGO, civil society organisations and faith-based institutions to use their influence to promote dialogue, tolerance, national cohesion and respect for human rights. The security services must continue to discharge their responsibilities professionally and impartially, with due regard for human rights. The media, too, must inform the public accurately and responsibly, avoiding speculation and inflammatory narratives.
Finally, I appeal to all Gambians, regardless of political affiliation, to reflect on what is truly at stake. Elections are an important feature of democracy, but democracy is much bigger than an election. It is about respect for the rule of law, the protection of fundamental rights, independent institutions, accountability and the ability of citizens to make their choices freely and peacefully.
The Gambia is bigger than any one of us. Our democracy is bigger than any political party. And our peace is more valuable than any political ambition.
Let us act with wisdom, fairness and restraint. Let us allow the law and our institutions to do their work and resist the temptation to place narrow political interests above the common good.
We owe it to ourselves and to future generations, as well as to the memory of those Gambians who suffered in the struggle for democracy, to protect the gains we have made.
Let the forthcoming elections be another demonstration of our collective commitment to peaceful, credible and democratic governance.
Emmanuel Daniel Joof
Chairperson
National Human Rights Commission
The Gambia
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A clear conscience fears no accusation - proverb from Sierra Leone |
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ADVISORY OPINION OF THE CHAIRPERSON OF THE NHRC
