A/HRC/14/37
clear signal of its commitment to human rights. Assistance from the international
community was crucial for the Gambia.
608. The United States of America thanked the Gambia for having accepted 61
recommendations, including that made by the United States regarding trafficking in
persons. The United States however urged the Gambia to reconsider its decision not to
support other recommendations, including the one relating to the fight against violence
based on sexual orientation and gender identity, and to decriminalize sexual activity
between consenting adults.
609. Nigeria congratulated the Government of the Gambia for its active participation in
the universal periodic review process, an indication of its readiness to continue to engage
with the United Nations human rights system. Nigeria commended the fact that the Gambia
was completing arrangements for the establishment of a national human rights institution. It
recognized the challenges faced by the country and encouraged the Government not to
relent in its efforts, but see to the implementation of the recommendations accepted as a
means of improving the enjoyment of human rights by its people.
3.
General comments made by other relevant stakeholders
610. The Canadian HIV/AIDS Legal Network referred to the criminalization of
consensual same-sex conduct in domestic law, punishable to up to 14 years of prison. The
organization was concerned by the Gambia’s rejection of recommendations regarding this
issue. It mentioned reports of arbitrary arrest on these grounds, and that stakeholders had
been distressed by the public statements of high-level officials threatening homosexuals
with expulsion from the country or beheading. The Human Rights Committee had also
confirmed that the provisions criminalizing consensual same-sex conducts violated the
rights to privacy and non-discrimination established in the International Covenant on Civil
and Political Rights. Thus, it urged the Gambia to reconsider its position and accept the
recommendations that it had previously rejected. Lastly, it recommended that violence
directed against any person, including because of sexual orientation or gender identity, be
vigorously prosecuted, and that incitement to violence on these grounds be condemned.
611. Amnesty International welcomed the Government’s stated commitment to ensure
inclusive follow-up to the universal periodic review. It acknowledged the Gambia’s support
for the recommendations relating to women’s rights and further cooperation with special
procedures. It emphasized the importance of urgently implementing recommendation 24,
on the need to investigate and punish human rights violations committed by security forces.
The Gambia should support a number of pending recommendations concerning the
enforcement of ratified human rights instruments, the establishment of a national human
rights institution, cooperation with special procedures, the death penalty, unlawful arrest
and detention, torture and enforced disappearances, the independence of the judiciary and
the protection of human rights defenders. Lastly, Amnesty International mentioned that the
rejected recommendations on freedom of expression mirrored the Gambia’s obligations
under the International Covenant on Civil and Political Rights and the African Charter on
Human and Peoples’ Rights. It therefore urged the Government to honour them.
612. Verein Sudwind Entwicklungspolitik recalled that the right to freedom of expression
was recognized by the constitution of the Gambia. Gambian law banned any harassment
and intimidation of media institutions, and hence all such acts should cease, irrespective of
the Gambia’s position with regard to recommendations 15 to 30. It acknowledged the
ongoing, positive institution-building process, in particular the setting-up of an independent
national human rights institution. It also referred to the recommendations relating to
additional visits by special procedures and to the accession to the Convention against
Torture and the Optional Protocol thereto. It raised concerns over female mutilation, which
it considered a form of torture.
140
GE.12-17781
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