CASE N° GMB/01 - LAMIN WAA JUWARA - GAMBIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 164th session (Brussels, 16 April 1999)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/164/13(b)-R.1), and to the resolution adopted at its 163rd session (September 1998) concerning the case of Mr. Omar Jallow, of the Gambia,

Taking account of a communication from the Attorney General's Chambers and Department of State for Justice dated 16 March 1999 conveying a copy of Decree N° 11 (Public Assets and Properties Recovery Decree, 1994), Decree N° 89 (Political Activities Resumption Decree, 1996) and Decree N° 31 (National Goals and Objectives Decree, 1995),

Also taking account of the communication from one of the sources dated 2 March 1999,

Recalling that Mr. Jallow, a member of the House of Representatives dissolved in 1994 and Minister from 1981 to 1994, was arrested in October 1995 and held without charge until November 1996, when he was released; recalling that he was reportedly arrested a further eight times between July 1994 and October 1995,

Recalling that the " Public Assets Recovery Commission " established by the Armed Forces Provisional Ruling Council (AFPRC) to investigate " the existence, nature, extent and method of acquisition of assets ... " of public office-holders prior to the military takeover of 22 July 1994, also examined Mr. Jallow's financial situation and dealings and found some financial improprieties on his part; that it recommended, in addition to certain financial adjustments, that he be debarred from public office for five years, the latter measure being endorsed by the Government White Paper established on the basis of the Commission's findings; that, according to information supplied by the Attorney General's Chambers and Department of State for Justice on 27 August 1998, Mr. Jallow can seek redress in the Gambian Courts of Law against the Commission's decision, as many others have done, sometimes successfully,

Recalling in this connection that, according to the constitutional provision incorporating in the 1997 Constitution the commissions of inquiries established under the AFPRC rule, " any order, ruling, finding or fact, seizure, sale or alienation of property or penalty imposed or thing done by or carried out under the authority of any commission of inquiry established in accordance with a Decree of the AFPRC shall not be questioned or reversed by any court or other authority under this Constitution or any other law ",

Recalling that, in addition to being debarred from public office for five years, Mr. Jallow is banned from " participation in any political activity, sponsoring or nominating any person contesting election, contest for any election for any political or other elective office, form or participate in the formation of any political party or organisation " by virtue of Decree N° 89 (Political Activities Resumption Decree, 1996), which bans for an indefinite period from any such activity, among others, " all persons who held the offices of President, Vice-President and Ministers in the Government of the Republic of the Gambia during the thirty years preceding 22 July 1994 "; considering that under its Article 4, paragraph 1, " any person who contravenes this Decree commits an offence and shall on conviction be liable to imprisonment for life ",

Recalling that, in August 1998, the parliamentary opposition tabled in Parliament an amendment to abolish this Decree by means of an Act to amend the " Political Activities Resumption Decree " with the express aim of bringing the law into conformity with the Constitution's fundamental human rights guarantees; that, however, it failed to obtain the required majority in Parliament,

Bearing in mind that the Gambia is a party to the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples' Rights (ACHPR), both of which guarantee freedom from arbitrary arrest and detention, freedom of movement and freedom of expression, assembly and association; that these rights are also enshrined in the Constitution of the Gambia and that, moreover, by virtue of Decree 31 (National Goals and Objectives Decree, 1995) the adherence to the principles and objectives of inter alia the United Nations " shall remain the cornerstone of the Foreign Policy of the Gambia ",

1. Thanks the Attorney General and Secretary of State for Justice for her co-operation and is pleased to note that she contemplates attending the next session of the Committee on the Human Rights of Parliamentarians;
2. Can but remain deeply concerned at Decree 89 depriving for an indefinite period specific individuals, including Mr. Jallow, of their civil and political rights guaranteed to them by the Constitution of the Gambia and the international human rights norms to which the Gambia has subscribed and which it has pledged to uphold; recalls the basic principle of law that a criminal sanction such as deprivation of political rights can only be the result of a judgment handed down at an independent and impartial court after due process of law;
3. Calls on the Gambian Parliament, as guardian of human rights, to take the necessary steps to ensure that statutory law is brought into conformity with constitutional and international human rights norms without further delay;
4. Remains perplexed at the apparent contradiction between the constitutional provision excluding an appeal against a decision of a commission of inquiry established under the AFPRC rule and the affirmation of the Attorney General's Chambers and Department of State for Justice that such an appeal is possible, and reiterates its wish to receive a clarification of this point of law;
5. Reaffirms that under Article 9, paragraph 5, of the ICCPR, Mr. Jallow has an enforceable right to compensation for the arbitrary arrest and detention he suffered;
6. Requests the Secretary General to convey this decision to the parliamentary and other competent authorities inviting them to supply the requested details;
7. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (October 1999).

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