A/HRC/14/6
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its seventh session from 8
February to 19 February 2010. The review of the Gambia was held at the 6th meeting, on
10 February 2010. The Attorney General and Minister of Justice, Marie Saine-Firdaus,
headed the delegation of the Gambia. At its 9th meeting, held on 12 February 2010, the
Working Group adopted the report on the Gambia.
2.
On 7 September 2009, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of the Gambia: Cameroon, Jordan and Ukraine.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following
documents were issued for the review of the Gambia:
(a)
A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/7/GMB/1);
(b)
A compilation prepared by the Office of the High Commissioner for Human
Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/7/GMB/2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/7/GMB/3).
4.
A list of questions prepared in advance by Argentina, the Czech Republic, Denmark,
Germany, Hungary, Latvia, Norway, Sweden, the Netherlands and the United Kingdom of
Great Britain and Northern Ireland was transmitted to Gambia through the troika. Those
questions are available on the extranet of the universal periodic review.
I.
Summary of the proceedings of the review process
A.
Presentation by the State under review
5.
In preparing the national report, a broad-based national task force composed of all
Government institutions and civil society organizations addressing the issue of human
rights was established. In addition, the draft report was discussed and approved by the
Cabinet before being submitted to the Working Group. This broad-based consultative
process will also be used in the follow-up process of the review.
6.
The 1997 Constitution devoted an entire chapter to fundamental rights and freedoms
and, for the first time in the history of the Gambia, it guaranteed civil and political rights as
well as socio-economic and cultural rights. It also provides for the separation of powers, the
rule of law and the independence of the judiciary. In that regard, the constitutional head of
the judiciary is the Chief Justice, appointed by the President after consultation with the
Judicial Service Commission. Judges are also appointed by the President on the
recommendation of the Commission. In the exercise of their functions, they are subject only
to the Constitution and other laws of the Gambia. Moreover, security of tenure is
guaranteed, because a judge can be removed by the President only in consultation with the
Commission.
7.
The right to life, for which no derogation is permitted, is guaranteed even during
times of public emergency. The death penalty, an exceptional punishment intended only for
the most serious crimes, is applicable but is limited to murder and treasonable offences
resulting in death. Furthermore, Gambian law prescribes that procedural guarantees,
including the right to a fair hearing by an independent tribunal, the presumption of
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents