EFSCRJ is deeply concerned by the Chief of Staff and Minister for the Presidency Mod Ceesay’s statement that the Government would investigate the leaking of the letter from his office to the Ministry of Finance requesting funds for the medical trip of the President’s mother to Senegal. We are of the view that instead the Chief of Staff should have retracted his letter and apologize to Gambians while holding accountable those officials responsible for the illegal request. But by seeking to identify the whistleblowers with the intention to punish means the Government is encouraging and protecting corruption and abuse of power.
We hereby urge the Chief of Staff to suspend this investigation and protect whistleblowers in fulfilment of the Gambia’s domestic and international legal obligations. Whistleblowing in both domestic and international law refers to the disclosure of wrongdoing such as corruption, human rights abuses, or abuse of office by individuals within organizations, governments, or corporations. There are various legal instruments, principles, and mechanisms that provide protection for whistleblowers and encourage transparency.
At the national level, the Anti-Corruption Act 2023 under Section 67 protects whistleblowers. The Gambia has ratified the United Nations Convention against Corruption (UNCAC), the United Nations Convention against Transnational Organized Crime and the African Union Convention on Preventing and Combating Corruption. Furthermore, the Gambia is also a party to ECOWAS’ Protocol on the Fight against Corruption. Therefore, the Gambia Government is under legal obligation to welcome whistleblowing if it claims to be committed to combatting graft, abuse of office and human rights violations.
For that matter, we wish to remind the Chief of Staff and the Government as a whole that the United Nations Convention Against Corruption (UNCAC, 2005) under Article 33 encourages states to provide legal protections for whistleblowers who report corruption in good faith. Article 13 promotes civil society and media participation in exposing corruption such as publishing leaked information about corruption, abuse, or violations.
Under the International Labour Organization (ILO) Conventions, ILO Recommendation No. 202 supports protections for workers who report misconduct. Several instruments from other regions of the world such as the EU’s Whistleblower Protection Directive require EU member states to implement laws protecting whistleblowers in both public and private sectors.
Whistleblowing has been considered a human right and an integral part of freedom of expression, the right to information and the promotion of transparency. The UN Human Rights Council of which the Gambia is a member has recognized whistleblowing as part of the right to access information. Whistleblowing is linked to freedom of expression under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which the Gambia ratified.
Considering the above, EFSCRJ hereby states that the expenditure on the President’s mother is neither legal nor legitimate but reflects sheer abuse of office and corruption that must be challenged. The State has no obligation to provide transportation, security, or any other service to the President’s mother in any way. The State’s responsibility is only for the first family members. We therefore demand that these funds allocated for the service of the Presidents mother be return to national coffers and those officials responsible be held accountable.
Furthermore, we urge the Government to suspend its investigation and rather uphold its domestic and international obligations to protect whistleblowers within the Government. If the Government does not wish leaks to take place, then it should ensure that officials uphold and abide by the law and ethics in their decisions and actions. When decisions and actions are clean, lawful, and ethical, there would be no need to blow the whistle.
Meanwhile, EFSCRJ continues to encourage individuals in the Government, private sector, civil society and indeed across society to expose wrongdoing anywhere they see it happen no matter who is involved.