EFSCRJ notes with concern the press release from the Ministry of Basic and Secondary Education (MOBSE) issued on 31st July 2025, entitled, ‘Concern for the Safety and Well-being of Students During Public Events.’ The press release concerns children’s participation in the recent GALA Anti-Corruption Protest. While acknowledging the rights of citizens to freedom of assembly, MOBSE highlighted the vulnerability and safety of children in public events. As such, the Ministry concluded that,
“… this Ministry strongly disapproves of the participation of school children in any protest organised by an individual or groups on matters that do not relate to educational service delivery.”
We wish to state that children can participate in peaceful protests. This right is recognised under domestic, regional, and international human rights law. This right stems from the fundamental rights to freedom of expression, association, and peaceful assembly, which apply to children and adults. However, this right is not absolute and may be subject to limitations to protect public safety, order, and health and to ensure the child’s best interests are considered.
Section 25 of the 1997 Constitution guarantees the rights to opinion, expression, assembly, and association to every person, including children. Section 17 of the Children’s Act also guarantees children the right to form and express an opinion and to be listened to accordingly, as well as to participate in decisions which affect their well-being.
At the regional level, Article 8 of the African Charter on the Rights and Welfare of the Child states, “Every child shall have the right to free association and freedom of peaceful assembly in conformity with the law.”
Article 15 of the Convention on the Rights of the Child (UNCRC) explicitly states that children have the right to freedom of association and peaceful assembly. Furthermore, the International Covenant on Civil and Political Rights (ICCPR), under Article 21, extends the right to peaceful assembly to “everyone,” including children. The UN Human Rights Committee monitors the ICCPR and has affirmed that children have all the civil rights outlined, including the right to peaceful assembly.
Indeed, the Gambia has ratified these instruments, and the Human Rights Committee provide necessary limitations and safeguards based on these principles. These are:
The Principle of Best Interests of the Child provides that when considering a child’s participation in protests, their best interests and right to hear their views should be paramount.
The Principle of Reasonable Restrictions requires that the right to protest, such as those related to public safety or public order, must be based in law and be necessary in a democratic society.
The Principle of Safety and Well-being requires adults to ensure that children participating in protests are safe and protected from harm, both physically and emotionally.
The Principle of Freedom from Punishment requires children not to face punishment or abuse for participating in peaceful protests.
EFSCRJ firmly holds that children’s participation in peaceful protests carries many benefits for the children and the public. First, it develops children’s agency to become voices for change. Protests can be a powerful way for children to make their voices heard on issues that affect them, especially when they cannot vote.
Furthermore, participation in protests can foster a sense of civic engagement and responsibility in children. Protests can also offer opportunities for personal development and growth, including critical thinking skills and a sense of purpose. Protests are a civic duty; hence, inculcating the culture of protests in children early on builds responsible adults who will become active citizens committed to good governance and promoting and protecting public interest.
EFSCRJ therefore strongly advocates for children’s right to participate in peaceful protests. We would insist that their participation be safe, informed, and aligned with their best interests. In this regard, MOBSE should introduce and strengthen human rights education in the school curriculum. We must build and enhance the culture of rights early in the life of citizens, which will augur well for citizen participation, peace building, national unity, and the development of a sense of patriotism.
The GALA Anti-Corruption Protest directly affects children, as some of the children themselves have eloquently expressed their issues and concerns. Corruption affects everything and everyone in society, especially the delivery and quality of education services and the lives and well-being of children. Hence, we believe that MOBSE should encourage children to take part and not prevent them from protesting while calling on schools, parents, adults, and protest organisers to ensure the safety of children during these activities adequately.
We wish to urge the National Human Rights Commission to engage and support the Ministry in understanding and appreciating human rights better and taking all necessary measures for the protection and promotion of the rights of children.
2025 – The Year of Transparency and Accountability
