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CASE N° GMB/03 - OMAR JALLOW - GAMBIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 165th session (Berlin, 16 October 1999)


The Inter-Parliamentary Council,

Referring to the outline of the case of Mr. Omar Jallow, of the Gambia, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/165/12(b)-R.1), and to the relevant resolution adopted at its 164th session (April 1999),

Taking account of the information and observations supplied by the Office of the Attorney General's Chambers & Department of State for Justice on 6 July and 2 August, and by the Speaker of Parliament on 24 August 1999,

Recalling that Mr. Jallow, a former Minister and a member of the House of Representatives dissolved in 1994 who was detained without charge several times in 1994 and 1995, is banned under Decree N° 89 (Political Activities Resumption Decree, 1996) 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" 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"; recalling 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 that 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 requisite majority in Parliament,

Considering that, on 8 July 1999, Mr. Jallow filed a lawsuit with the High Court of the Gambia (originating summons) whereby he seeks the interpretation of Decree 89 and a declaration that he is entitled to exercise the fundamental human rights guaranteed under the Constitution of the Gambia; that the case is scheduled for hearing on 29 October 1999,

Noting that by letter dated 23 September 1999, referring to the Committee's earlier invitation to a hearing, the Attorney General's Chambers & Department of State for Justice stated that "it was now the official position of the Gambia Government to do its utmost to endeavour to meet the Committee on the Human Rights of Parliamentarians, through the Honourable Attorney General or her representative to facilitate a direct exchange of views" ; that, although a representative could not come to the Committee's present session, the Attorney General's Chambers & Department of State for Justice, in a letter dated 8 October 1999, reaffirmed "its commitment to meet the Committee at a later session ...",

Noting that, in his communication of 24 August 1999, the Speaker of the National Assembly stated that Mr. Jallow's case was before the appropriate court and therefore sub judice, for which reason the Assembly could not interfere,

Bearing in mind that the Gambia is a party to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights, both of which guarantee freedom from arbitrary arrest and detention, and freedom of expression, assembly and association; that these rights are also enshrined in the Constitution of the Gambia, Section 4 of which stipulates that "... any other law found to be inconsistent with any provision of this Constitution shall, to the extent of its inconsistency, be void"; considering, moreover, that according to 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 Speaker and the Attorney General and Secretary of State for Justice for their cooperation and the information they provided, and trusts that a meeting with the Committee can indeed be arranged at its next session;
  2. Wishes to recall its constant position that Parliaments are guardians of human rights, whose observance they ensure by enacting legislation, guaranteeing the independent and impartial functioning of the Judiciary and overseeing the action of the Executive;
  3. Notes that Decree 89, depriving as it does for an indefinite period specific individuals, including Mr. Jallow, of their civil and political rights, contravenes the provisions of 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 by an independent and impartial court after due process of law;
  4. Calls again upon the Gambian Parliament, as guardian of human rights, to take the necessary steps to ensure that statutory instruments are brought into conformity with constitutional and international human rights norms without further delay;
  5. Notes that Mr. Jallow has petitioned the High Court to declare that he is entitled to enjoy the civil and political rights guaranteed to him under the Constitution, and trusts that the Gambian judiciary will decide on this matter in conformity with the Constitution, the supreme law of the country, and the international obligations to which the Gambia has subscribed;
  6. Reaffirms that under Article 9, paragraph 5, of the International Covenant on Civil and Political Rights, Mr. Jallow has an enforceable right to compensation for the arbitrary arrest and detention he suffered;
  7. Requests the Secretary General to convey this decision to the parliamentary and other competent authorities;
  8. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April-May 2000).


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