CASE N° GMB/03 - OMAR JALLOW - GAMBIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 168th session (Havana, 7 April 2001)

The Inter-Parliamentary Council,

Referring to the outline of the case of Mr. Omar Jallow, of the Gambia, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/168/13(c)-R.1), and to the relevant resolution adopted at its 167th session (October 2000),

Taking account of a communication from one of the sources dated 23 March 2001,

Recalling the following evidence on file:

• Decree 89 (Political Activities Resumption Decree, 1996) bans all persons who held the office of President, Vice-President and Ministers in the Government of the Republic of the Gambia during the 30 years preceding 22 July 1994 from participating in any political activity; the Decree thus bans Mr. Omar Jallow, a Minister before 22 July 1994, indefinitely from participating in any political activity;
• An amendment, tabled by the parliamentary opposition in August 1998 with the aim of bringing the Decree into conformity with the Constitution's fundamental human rights guarantees, failed to obtain the requisite majority;
• On 11 May 2000, the High Court dismissed the lawsuit Mr. Jallow had filed seeking a judicial interpretation of Decree 89 and a declaration that he was entitled to exercise the fundamental human rights guaranteed under the Constitution of the Gambia; the court ruled that it was not competent to hear the case owing to the provisions of Section 13 of Schedule 2 of the 1997 Constitution, which exempts any act or order taken by the former Armed Forces Provisional Ruling Council (AFPRC) from judicial scrutiny; Mr. Jallow has lodged an appeal with the Supreme Court, which is pending;
• On the occasion of the Secretary General's on-site mission in June 2000, the Attorney General stated that the Supreme Court was competent to hear cases relating to the unconstitutionality of laws, Decree 89 included,

Considering that, according to one of the sources, Mr. Bubacarr Baldeh and Dr. Lamin Saho, Ministers of Youth and of Tourism, respectively, before 22 July 1994, were admitted to membership of the ruling party, the Alliance for Patriotic Reorientation and Construction (APRC), in breach of Decree 89,

Considering that legislative elections are due later this year in the Gambia,

Bearing in mind that the Gambia is a party to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights, both of which guarantee freedom of expression, assembly and association; that these rights are also embodied in the Constitution of the Gambia, Section 4 of which stipulates that "... any other law found to be inconsistent with any provision of this Constitution shall, to the extent of its inconsistency, be void",

1. Deeply regrets that the parliamentary authorities have failed to respond, particularly since the core problem raised by this case calls for parliamentary action;

2. Insists forcefully that Decree 89, which deprives parties and specific persons, including Mr. Jallow, of their civil and political rights, violates the Constitution and the international obligations which the Gambia pledged to observe when it ratified the ICCPR and the African Charter on Human and Peoples' Rights, as the Decree has the effect of annulling the human rights and fundamental freedoms guaranteed to them under the Constitution and the aforesaid two instruments;

3. Notes, moreover, that the authorities appear to apply Decree 89 selectively;

4. Urges therefore the National Assembly, as guardian of the human rights of all Gambian citizens, to take legislative action to bring Decree 89 into conformity with the Constitution as required under its Section 4, and with the international human rights law subscribed to by the Gambia, so as to ensure that Mr. Jallow and the other persons concerned may fully exercise their fundamental rights to freedom of association, assembly and participation in the political affairs of their country and may stand in the next parliamentary elections;

5. Recalls that international law has precedence over national law, as has the Constitution over national statutory law, including any decrees;

6. Remains confident that the Supreme Court will rule on the question of the constitutionality of Decree 89 in conformity with the Constitution, as well as with the international human rights norms to which the Gambia has subscribed;

7. Requests the Secretary General to convey this resolution to the parliamentary and governmental authorities and to Mr. Jallow, as well as to the competent United Nations human rights bodies and Commonwealth authorities;

8. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2001).

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