A/HRC/45/45/Add.3
82.
The national strategy document for transitional justice in the Gambia notes that
vetting and ejecting the individuals responsible for abuses from public office is an integral
part of the process of restoring the trust of the victims and the society as a whole in State
institutions, and that this should involve using an individual, case-by-case approach rather
than collectively dismissing people.
83.
The Government initially replaced the heads of the police, prison service,
intelligence service and the army.23 However, by the time of the Special Rapporteur’s visit,
no wider vetting exercise had taken place in the affected institutions. Moreover, as noted by
multiple stakeholders during the visit and in reports, individuals accused of perpetrating or
enabling human rights abuses continued to work within civil and security services,
including in high-ranking positions.24
84.
In February 2017, the National Intelligence Agency was renamed the State
Intelligence Service. However, this change was mainly nominal and has not been supported
by a change in the agency’s legal framework. The State Intelligence Service and its agents
are still governed by the military decrees enacted in the prior regime. Officers of the
Service have indicated that they refrain de facto from exercising some of the excessive
powers granted by the dated decrees. A new Act governing the Service is being prepared. In
addition, reports indicate that officials in the current management of the Service previously
served in the National Intelligence Agency and in other high-level security sector positions
under the government of former President Jammeh. 25
85.
Civil society has pressed for the dissolution of the State Intelligence Service. At the
very least, they expect to see an institutional and legal overhaul of the agency and the
vetting of its officials. Civil society has also demanded that the headquarters of the Service
be moved to a new location, so as to preserve the material evidence in the current
premises.26 It could also be preserved as a memorial site.
86.
Other security sector institutions are also still formally governed by the regulations
of the previous regime. In the case of the security agencies ascribed to the Ministry of
Interior, including police, prison, immigration and fire services, an informal general code of
conduct and standard operational procedures has been drafted – on the basis of standards on
the use of force – while awaiting the official reform of the governing legislation of the
institutions. Aside from being informal, however, it is unclear if or how this code is used by
officials in these institutions. The Ministry of Interior has reported that they are waiting for
the outcomes of the Truth, Reconciliation and Reparations Commission to start the vetting
process of the institutions ascribed to the Ministry.
87.
Strong and independent civil oversight mechanisms – an essential element of a
comprehensive security sector reform – are still lacking in the law enforcement, intelligence
and defence services.
88.
Civil society reported an insufficiency of human rights education in police training
programmes. Law enforcement officers are also insufficiently trained in crime detection,
interrogation and crowd control methods. Human rights awareness is low among law
enforcement agencies and within the public service in general. 27 This training gap can lead,
and in some cases has led, to reduced human rights protection and renewed abuses by
security officers. 28 In a meeting at the Ministry of Interior, the Special Rapporteur was
informed that the Ministry had requested and received international assistance to provide
human rights training to police officers.
89.
Several United Nations entities joined forces to support the security sector reform
process in the Gambia at the outset of the transition, and a $1.4 million package was
23
24
25
26
27
28
16
See www.hrw.org/world-report/2018/country-chapters/gambia; and Human Rights Foundation,
“Universal periodic review submission for the Gambia: NGO submission”, 28 March 2019, para. 6.
Gambia Center for Victims of Human Rights Violations, submission for the universal periodic review,
p. 1.
Ibid.
Ibid.
Joint submission 7, UPR 2019, p. 6. Available at
www.ohchr.org/EN/HRBodies/UPR/Pages/UPRGMStakeholdersInfoS34.aspx.
For example, during demonstrations in Faraba Banta in 2018.
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