Written by: Alieu Jallow
The National Assembly Member (NAM) for Banjul North, Modou Lamin B. Bah, in an exclusive interview with The Fatu Network, pledged to challenge The Gambia’s controversial Public Order Act when it is reintroduced in the next parliamentary session, describing it as an outdated law that undermines democracy and restricts fundamental freedoms.
Bah’s remarks come in the wake of the arrest of 23 protesters by the Gambia Police Force on August 22 at the Public Utilities Regulatory Authority (PURA) headquarters in Kanifing. The group, who had gathered for a peaceful assembly, were detained and arraigned before Magistrate Touray of the Kanifing Magistrate’s Court. They were charged with holding a procession in a public place without a police permit, an offence under the Public Order Act.
The court’s decision on August 25 to deny the protesters bail and remand them at Mile 2 Central Prison sparked outrage among youths, who blocked the court’s entrance in solidarity. The standoff escalated when police fired tear gas and pepper spray to disperse the crowd, leading to the arrest of an additional 14 youths.
This was not an isolated incident. In July, members of the group Gambians Against Looted Assets were also arrested under the same Act, which has long been criticised as a tool for silencing dissent.
Enacted during Gambia’s authoritarian era, the Public Order Act requires a police permit for public gatherings, effectively placing the right to peaceful assembly at the discretion of the Inspector General of Police. Critics argue this directly contradicts the 1997 Constitution, which guarantees freedom of assembly, association, and expression.
Against this backdrop, the Banjul North lawmaker raised concerns about the sweeping powers the Act grants police in restricting protests and public gatherings. He warned that its provisions undermine The Gambia’s obligations under international human rights conventions. “It has been repeatedly abused to clamp down on dissent and opposition movements,” Bah said.
He is proposing reforms to the law, particularly an amendment of Section 5 to replace the permit requirement with a simple notification system. He also called for aligning the Act with constitutional guarantees and international standards, while providing police with proper training to manage peaceful gatherings without resorting to force.
The National Human Rights Commission has also urged the government to withdraw charges against detained protesters and review the Act to safeguard democratic freedoms. Meanwhile, the Minority Caucus at the National Assembly has already initiated discussions on bringing the law in line with global human rights standards.
Bah stressed that his push for legislative change is not only about repealing an authoritarian law but also about ensuring a democratic future for all Gambians.
“Parliament must strike a balance, understanding that the current Public Order Act doesn’t suit today’s realities,” he said. “It requires urgent amendment or repeal in the public interest.”
