By Olimatou Coker
Sering Faye, chairman of the National Council For Civil Education (NCCE) has called for an urgent review of the notorious Public Order Act to align it with the spirit of the Constitution and the legitimate aspirations of the Gambian people.
He made this call yesterday while welcoming the release of youths arrested on May 8 in connection with the Gambians Against Looted Assets (GALA) protest.
He said the application of the Public Order Act has been a significant point of contention and a source of tension between the authorities and citizens, particularly within the current democratic dispensation.
According to Faye, a retired broadcaster, The Gambia is a signatory to numerous international and regional conventions that guarantee fundamental human rights and freedoms, including the right to peaceful assembly and these instruments underscore the fundamental nature of guaranteeing rights in a democratic society.
“The NCCE recognises that citizens’ demand for transparency and accountability in the management of public resources is a fundamental civic duty and responsibility, and a core tenet of democracy and good governance. “Proactive disclosure of information, especially when demanded by the citizens, can prevent recent occurrences from arising in the first place. The Access to Information Law guarantees citizens the right to access public information, and thus authorities are encouraged to embrace this reality,” he said.
“In light of the recent civil disobedience triggered by the denial of a protest permit, the NCCE urges authorities, especially the police to draw valuable lessons. The desire of citizens to stage a peaceful procession is a legitimate exercise of their civic rights and the NCCE calls for cordial collaboration with citizens to facilitate such requests in the future,” he said.
He explained that the freedom to assemble and demonstrate peaceably is constitutionally guaranteed under Section 25(1) (d) of the Constitution of The Gambia. “While this right is not absolute, as outlined in Section 25 (4) of the Constitution, and Sections 5 and 6 of the Public Order Act, any restrictions must be reasonable and demonstrably necessary in a democratic society, primarily in the interests of national sovereignty and the prevention of a genuine risk of a breach of peace. So allowing and guiding peaceful protests is more efficient in terms of resources and, more importantly, strengthens our fledgling democracy and prevents tensions that could threaten national peace and security,’ Faye said.
He also called on all stakeholders – the government, law enforcement agencies, civil society organisations, and the citizenry – to work collaboratively, exercise their responsibilities and rights responsibly, and in accordance with the laws of the country.
