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Gambia: Regional court rules draconian media laws violate human rights

    February 15, 2018

    Following a historic ruling by the Economic Community of West African States (ECOWAS) Regional Court of Justice today which found that draconian media laws on sedition, false news and criminal defamation violate the right to freedom of expression in Gambia, Sabrina Mahtani, Amnesty International West Africa researcher said:

    “Today is an historic day for Gambia’s journalists and human rights defenders who, for decades, have suffered torture, imprisonment or exile just for exercising their right to freedom of expression.

    “These laws have done nothing but created a pervasive culture of persecution, violence, and injustice against those working in the media in Gambia under the regime of former President Jammeh. Today’s ruling should spur the new government to waste no time in repealing these laws, to ensure it meets its responsibilities under international and regional law, and to lay a foundation for a strong human rights culture.”

    “Our hope is that this ruling will also have a positive impact on other countries in West Africa where similarly restrictive laws are being used to prosecute journalists.”

    Background

    The Federation of African Journalists (FAJ) filed the case in December 2015 along with four Gambian journalists in exile during the regime of former President Yahya Jammeh. The journalists argued that their rights, including their rights to freedom of expression, had been violated by Gambia through the enforcement of laws criminalising libel, sedition and false news in the country. Two of the journalists were also subject to torture whilst in the custody of the National Intelligence Agency following their arrests under these laws.

    Arguments were heard on 11 October 2016, at the ECOWAS Community Court of Justice sitting in Abuja, Nigeria. The case is supported by the Media Legal Defence Initiative (MLDI). Amnesty International filed an amicus brief in the case along with other freedom of expression organisations.

    Although press freedom has dramatically improved under the new government of President Barrow, who was inaugurated in January 2017, these restrictive laws are still in place.

    The ruling will set an important precedent as many countries within West Africa continue to use similar repressive laws to silence freedom of expression, and hinder the vital work of journalists, in violation of international and regional human rights law.