A/HRC/43/6
71.
Uganda noted the establishment of the National Human Rights Commission and the
Truth, Reconciliation and Reparations Commission.
72.
Ukraine noted the engagement of the Gambia with the international human rights
mechanisms, and progress towards abolishing the death penalty. It expressed concern about
child marriage and female genital mutilation.
73.
The United Kingdom noted the drafting of a new constitution. It expressed concern
about corruption, discrimination against women and minority groups, and laws repressing
freedom of expression.
74.
The United States expressed concern about impunity for security services, the
practice of female genital mutilation and the criminalization of lesbian, gay, bisexual,
transgender and intersex status and conduct.
75.
Uruguay encouraged the Gambia to ensure the effective abolition of the death
penalty, and expressed concern about the unwillingness of the Gambia to decriminalize
same-sex sexual relations.
76.
The Bolivarian Republic of Venezuela noted the ratification by the Gambia of the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families.
77.
Zambia commended the Gambia for the progress made in signing and ratifying
numerous international human rights treaties since the change of government in 2017.
78.
Algeria applauded the ratification of international human rights instruments, as well
as the adoption of measures for the advancement of women.
79.
Angola noted the establishment of the National Human Rights Commission, as well
as the adoption of key constitutional and legal reforms.
80.
The delegation of the Gambia stated that hundreds of prisoners had been released by
presidential pardon, and that there were no political prisoners or prisoners of conscience.
81.
The Government adopted a policy of public engagement through consultations,
participation and inclusiveness in the three main pillars of the transitional justice process,
which were the Truth, Reconciliation and Reparations Commission, the Constitutional
Review Commission and the National Human Rights Commission. The policy was born out
of the recognition that by giving the people ownership of the processes, they were more
likely to accept the outcomes.
82.
The Truth, Reconciliation and Reparations Commission had commenced public
hearings, with the involvement of several witnesses, including victims and perpetrators. An
initial contribution of $1 million, from the proceeds of the sale of the former President’s
assets, had been made to the victims trust fund established by that Commission. The
Commission, like all truth commissions, was not a court, and one of its primary objectives
was to establish the truth in exchange for the granting of amnesty and the promotion of
healing and national reconciliation. It was also mandated to identify for prosecution those
who were alleged to bear the greatest responsibility for human rights violations.
83.
A new constitution was being drafted that would faithfully and accurately reflect the
wishes and aspirations of the people of the Gambia; it was expected to be promulgated in
2020, following a national referendum.
84.
The Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty had been ratified. A moratorium on the
death penalty had been imposed and all death sentences had been commuted to life
imprisonment. However, the death penalty continued to divide public opinion, as
manifested during public consultations with the Constitutional Review Commission. The
Government had made public its preference for total abolition.
85.
Following clashes between the police and some protesters in Faraba Banta, a sandmining region of the country, three civilians had been shot and killed by the police, and
several others, including some police personnel, had been injured. An independent
commission of inquiry had been established and the recommendations of the commission
were being implemented, including the prosecution of the police officers allegedly
7
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