Resolution adopted without a vote by the Inter-Parliamentary Council
at its 169th session (Ouagadougou, 14 September 2001)

The Inter-Parliamentary Council,

Referring to the resolution it adopted at its 168th session (April 2001) on the case of Mr. Omar Jallow of the Gambia and to the related report of the Committee on the Human Rights of Parliamentarians,

Taking account of a communication from the Speaker dated 31 August 2001,

Recalling the following information on file:

• Mr. Omar Jallow, a member of the House of Representatives dissolved in 1994 and former Minister, was arrested on or about 12 October 1995 and held in army barracks at Fajara in Bakau, without any charge ever having been brought against him; he was released on 4 November 1996; his repeated petitions to the President of the Republic seeking compensation for suffering caused as a result of his arbitrary detention have been to no avail so far; Mr. Jallow has reportedly abandoned his claim for compensation in view of Section 13 of Schedule 2 to the Constitution, which grants immunity from prosecution for all office-holders of the former Armed Forces Provisional Ruling Council (AFPRC);

• Owing to Decree N° 89 of 14 August 1996, which disqualifies indefinitely all persons who held the office of President, Vice-President or Minister in the Government of the Republic of the Gambia in the 30 years preceding 22 July 1994, Mr. Jallow, an MP and Minister at the time, was debarred from participating in any political activity; on 8 July 1999, he filed a lawsuit in the High Court of the Gambia seeking a declaration that, under the Gambian Constitution, he was entitled to exercise his right of association; the High Court having ruled in May 2000 that it was not competent to deal with the matter, Mr. Jallow took his case to the Supreme Court,

Noting that, in the many resolutions it has adopted on this case, it has consistently pointed out that Decree 89 runs counter to the human rights guarantees enshrined in the International Covenant on Civil and Political Rights and in the African Charter on Human and Peoples' Rights, to both of which the Gambia is a party, and urged the authorities, in particular the National Assembly, to make it consistent with the Gambia's obligations under those treaties;

Noting in this respect that, in his letter of 31 August 2001, the Speaker reported that the Government had repealed Decree 89,

Noting finally that legislative elections are due to be held in October 2001 in the Gambia,

1. Thanks the Speaker for his communication;

2. Notes with satisfaction that Decree 89 has finally been repealed and trusts that, as a result, Mr. Jallow has now recovered the full exercise of his political rights and will be able to stand in the next elections, should he so wish;

3. Recalls that Mr. Jallow has been the victim of arbitrary arrest and, pursuant to Article 9, paragraph 5, of the ICCPR, therefore has an enforceable right to compensation;

4. Calls consequently on the authorities, in particular the National Assembly, to ensure that Section 13 of Schedule 2 is so amended as to enable Mr. Jallow to exercise his right under that ICCPR provision;

5. 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, the Commonwealth authorities and the European Union;

6. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (March 2002).

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