PUBLIC STATEMENT: EFSCRJ Position Paper on Law Enforcement for Anti-Corruption and Human Rights Protection in The Gambia

The Edward Francis Small Centre for Rights and Justice on Thursday 25 September submitted a comprehensive Position Paper to key stakeholders, including the Office of the President, the National Assembly, the Judiciary, various government ministries, and CSOs, addressing critical gaps in the implementation of anti-corruption and human rights laws in The Gambia. This submission underscores the urgent need for actionable reforms to transform progressive legislation into tangible protections for all Gambians.

In recent years, The Gambia has made commendable strides in enacting landmark laws aimed at bolstering transparency, accountability, and human rights. These include the Persons with Disabilities Act (2021), Access to Information Act (2021), Prevention and Prohibition of Torture Act (2023), Anti-Corruption Act (2023), and the Criminal Offences Act (2025). However, as detailed in the Position Paper, the gap between enactment and enforcement remains wide, leading to delayed justice, persistent corruption, and systemic violations of fundamental rights.

Key Findings from the Position Paper

The assessment highlights partial or stalled implementation across all five laws, with institutions often under-resourced, inactive, or lacking political will. Notable issues include:

1. Persons with Disabilities Act (2021): While the National Advisory Council was inaugurated in 2022, key elements like the National Fund, a centralized register, decentralized committees, and programs for integration, education, employment, and accessibility remain unimplemented or patchy, resulting in ongoing barriers for persons with disabilities (PWDs).

2. Access to Information Act (2021): The Information Commission became operational in 2024, but many public bodies lack designated information officers, fail to submit implementation plans or annual reports, and neglect proactive disclosures, hindering transparency and compliance.

3. Prevention and Prohibition of Torture Act (2023): Reliant on existing bodies like the National Human Rights Commission (NHRC) and police, the Act lacks implementing regulations, dedicated complaint mechanisms, victim protections, and awareness campaigns, allowing inconsistent handling of torture cases.

4. Anti-Corruption Act (2023): The Anti-Corruption Commission is established in law but not operational as of September 2025, with delays in appointments, staffing, funding, and rule-making, limiting investigations and prosecutions.

5. Criminal Offences Act (2025): Recently enacted, it modernizes the penal system but lacks sentencing guidelines, capacity-building for justice actors, public awareness

campaigns, and oversight for controversial provisions like those on sedition and hate speech.

These shortcomings undermine public trust, perpetuate impunity, and deprive citizens of essential protections, particularly in areas like torture prevention, disability rights, and anti-corruption efforts.

Our Position

EFSCRJ emphasizes that laws must be more than symbolic; they require full operationalization to foster a culture of accountability and justice. The failure to enforce these frameworks entrenches discrimination, enables corruption, and weakens democratic governance. As The Gambia approaches a pivotal moment, decisive action is essential to ensure rights and freedoms are realized in practice.

Recommendations for Urgent Action

The Position Paper provides targeted, time-bound recommendations to bridge these gaps, categorized as short-term (3-6 months), medium-term (6-12 months), and long-term (1-2 years), with built-in monitoring mechanisms:

1. Anti-Corruption Act: Expedite Commission appointments and funding (short-term); enhance whistleblower protections and inter-agency coordination (medium- to long-term); publish quarterly updates.

2. Persons with Disabilities Act: Activate the National Fund and establish decentralized committees/registers (short- to medium-term); launch inclusion programs and awareness campaigns (long-term); submit annual reports to Parliament.

3. Prevention and Prohibition of Torture Act: Issue regulations and strengthen reporting/investigation mechanisms (short- to medium-term); fund victim protections and build judicial/prison capacity (long-term); conduct annual NHRC-led reviews.

4. Access to Information Act: Appoint officers and submit plans (short-term); operationalize the Commission and promote digital disclosures (medium- to long-term); issue annual compliance reports with public dashboards.

5. Criminal Offences Act: Develop sentencing guidelines (short-term); train justice actors (medium-term); review controversial sections (long-term); publish quarterly implementation reports.

EFSCRJ commits to collaborating with the Government, National Assembly, civil society, and independent bodies to support these efforts. We urge all stakeholders to prioritize these recommendations and engage in dialogue to drive meaningful change.

2025 – The Year of Transparency and Accountability