On Monday December 2nd, students at the University of the Gambia staged a demonstration within the premises of the Law Faculty to express their grievances at the dismissal of two lecturers Dr. Alieu Gibba and Prof. Matarr Njie by the University authorities. The students were within their constitutional and legal rights to protest. Section 25(1)(d) of the Constitution guarantees the right to “freedom of assembly and demonstrate peaceably and without arms”. The Public Order Act only requires a permit under sections 5 and 6 when the demonstration involves a procession and the use of loudspeakers, respectively.
Our monitoring of the protest indicates that there was neither a procession nor a use of loudspeakers. The protest was confined within the premises of the Law Faculty with students chanting with their voices and holding placards. In this regard, the students have not violated any law but exercised their constitutional and legal rights to freedom of assembly and expression, peacefully.
Edward Francis Small Centre is therefore concerned at the presence of police within the premises of the University in full riot gear. We are hugely concerned at the use of tear gas leading to the brief hospitalization of some students. For that matter, we consider the actions of the police to be heavy-handed and totally disproportionate to the situation on the ground. Our monitoring found no evidence of students engaging in any violent action or used objects that could cause chaos or bodily harm. Hence the manner of police appearance on the scene and their use of force tantamount to abuse of power and violation of the rights of the students.
We therefore call on the National Human Rights Commission to undertake an urgent investigation of the situation to identify perpetrators and ensure accountability. Similarly, we call on the Inspector General of Police to conduct an impartial investigation into the conduct of his officers and ensure accountability. Furthermore, we call on the Vice Chancellor of the University of the Gambia to launch an investigation into the incident to ensure accountability.
EF Small Centre hereby informs the IGP of his constitutional and legal obligation to uphold the law and protect human rights. Protests are necessary and normal in a democracy as an accountability measure. For that matter, the IGP must demonstrate restraint and not interfere with citizens’ democratic rights and demand for accountability. The University of the Gambia is not beyond accountability and its students and other citizens have a right and duty to hold the institution accountable, peacefully.
We wish to call on the Gambia Government that it has a duty to abide by the rule of law, uphold democratic governance and protect human rights. There is no shortcut to this constitutional and legal obligation. The Gambia will not go back to Dictatorship. Never Again.
In the Spirit of Edward Francis Small, For The Gambia Our Homeland
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Madi Jobarteh