Gambia

Surrounded by Senegal, apart from a short strip of Atlantic coastline at its western end, Gambia is the smallest country on mainland Africa.

As of July 2021, Gambia’s population encompasses about 2.2 million people, while according to 2013 data, 95.7% of this population identifies as Muslim, with 4.2% identifying as Christian, and 0.1% identifying as “none”.[ref]https://www.cia.gov/the-world-factbook/countries/gambia-the/#people-and-society[/ref] Most Muslims in Gambia are Sunnis and most Christians in Gambia are Roman Catholic.[ref]https://www.cia.gov/the-world-factbook/countries/gambia-the/#people-and-society[/ref] Over half of Gambia’s population is under twenty-five years old. Gambia is a member of the Organization of Islamic Cooperation (OIC) as well as the Islamic Development Bank (IDB).[ref]https://www.cia.gov/the-world-factbook/countries/gambia-the/#people-and-society[/ref]

Over two decades under the rule of President Yahya Jammeh ended with the election of December 2016 and the Presidency of Adama Barrow, a leader whom some hoped would bring significant change to Gambia. In the last few years under President Adama Barrow, a significant amount of attention has focused on whether former leader Jammeh will face the consequences of his actions in Gambia, but a recent pact between Jammeh’s APRC party and Barrow’s NPP party, formed in December 2019, suggests that it is unlikely.[ref]https://www.worldpoliticsreview.com/articles/30006/in-gambia-barrow-jammeh-alliance-deflates-hopes-for-justice[/ref] While the pact’s details are not known to the public, it may include an agreement that the APRC will support Barrow in return for a reconsideration of Jammeh’s exiled status.[ref]https://www.worldpoliticsreview.com/articles/30006/in-gambia-barrow-jammeh-alliance-deflates-hopes-for-justice[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Discriminatory prominence is given to religious bodies, traditions or leaders
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
Some concerns about political or media freedoms, not specific to the non-religious
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Constitution and government
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Education and children’s rights
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Family, community, society, religious courts and tribunals
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Discriminatory prominence is given to religious bodies, traditions or leaders
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
Freedom of expression advocacy of humanist values
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Some concerns about political or media freedoms, not specific to the non-religious
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal
More information about rating table

Constitution and government

Gambia’s first Constitution after gaining independence from the British Empire in 1965, then a new Republican Constitution was established in 1970 which was suspended in 1994 and a revised version was brought in under President Jammeh in 1997.[ref]https://www.lawhubgambia.com/lawhug-net/tag/British+colonial+rule[/ref] Over the course of his leadership, the Constitution was amended fifty times. In June 2018 a Constitutional Review Commission (CRC) was established by the National Assembly to draft a new Constitution. This commission was comprised of 11 commissioners appointed by President Barrow who presented Parliament with a final draft in March of 2020.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/the-gambia/[/ref] Yet the new Constitution has not come to fruition after the draft Constitution was rejected in September 2020 by Parliament.[ref]https://www.amnesty.org/en/latest/news/2021/09/gambia-oppressive-laws-remain-despite-presidents-promises/[/ref] This means that the Constitution in place under President Jammeh is still valid, and will continue to be so as Gambia comes to its next presidential and parliamentary elections on the 4th of December 2021.[ref]https://www.theafricareport.com/144655/gambia-barrow-and-5-others-confirmed-to-run-in-upcoming-december-polls/[/ref]

Under the Constitution,[ref]https://www.refworld.org/docid/4811c33f2.html[/ref] Gambia does not have a state religion, and does not allow for political parties formed on the basis of religion. The Constitution establishes that “Every person shall have the freedom to practice any religion and to manifest such practice” and furthermore that this freedom shall “not impinge on the rights and freedoms of others or on the national interest, especially unity.” President Barrow has met and participated in religious celebrations with both Muslim and Christian leaders.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/the-gambia/[/ref] NGOs, whether faith-based or not, are subject to the same rules.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/the-gambia/[/ref]

Education and children’s rights

In Gambia, most public schools offer a course on major world religions, whose teachers are provided by the government. Religious instruction in schools, whether private or public, is not required.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/the-gambia/[/ref]

Child marriage was made illegal in 2016, when roughly thirty percent of underage girls were married, and female genital mutilation (FGM) was outlawed the previous year.[ref]https://www.bbc.co.uk/news/world-africa-36746174[/ref] As of 2020, seventy-five percent of women and girls aged fifteen to forty-nine in Gambia have undergone FGM.[ref]https://www.unfpa.org/resources/female-genital-mutilation-fgm-frequently-asked-questions[/ref] According to UNICEF, since these laws were introduced there has been no data collected on the prevalence of child marriage and FGM.[ref]https://www.reuters.com/article/us-gambia-women-fgm-idUSKBN1FC0XA[/ref] While certain officials in President Barrow’s administration have spoken out against child marriage and FGM, President Barrow himself has yet to comment on them.[ref]https://www.reuters.com/article/us-gambia-women-fgm-idUSKBN1FC0XA[/ref] Some Gambians have suggested this may be a deliberate stance taken to avoid upsetting those who oppose the laws against child marriage and FGM.[ref]https://www.reuters.com/article/us-gambia-women-fgm-idUSKBN1FC0XA[/ref]

Family, community and society

LGBTI+ Community

In the consideration of the draft Constitution that was rejected in September 2020 by Gambia’s parliament, a debate occurred over whether to include the word “secular” in the description of the Gambian government.[ref]https://media.africaportal.org/documents/ad404-tolerance_and_tensions_in_post-jammeh_gambia-afrobarometer-6nov20.pdf[/ref] The Supreme Islamic Council felt this addition would lead to greater tolerance for particular ways of life they oppose, such as homosexuality, while the Christian Council supported this addition, hoping it would prevent the declaration of Gambia as an Islamic state.[ref]https://media.africaportal.org/documents/ad404-tolerance_and_tensions_in_post-jammeh_gambia-afrobarometer-6nov20.pdf[/ref]

According to a study conducted by the Afrobarometer team and led by the Centre for Policy, Research and Strategic Studies (CepRass) in 2020, while most Gambians are tolerant to people of other national, ethnic, and religious backgrounds than themselves, an overwhelming majority are intolerant toward homosexuals.[ref]https://media.africaportal.org/documents/ad404-tolerance_and_tensions_in_post-jammeh_gambia-afrobarometer-6nov20.pdf[/ref] A large majority also say they support a secular government.[ref]https://media.africaportal.org/documents/ad404-tolerance_and_tensions_in_post-jammeh_gambia-afrobarometer-6nov20.pdf[/ref]

While consensual same-sex sexual activity is illegal in Gambia and criminalization was harshly enforced under former President Jammeh, there does not seem to be prosecutions or arrests of LGBTI+ people under these laws under President Barrow’s administration.[ref]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/825234/Gambia_-_SOGIE_-_CPIN_-_v2.0___August_2019_.pdf[/ref]

Religious courts

Gambia’s court system is comprised of civil and qadi courts. Qadi courts, based on Islamic legal tradition, cover issues of marriage, child custody, divorce and inheritance for Muslim litigants, who can choose civil courts if they prefer.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/the-gambia/[/ref]

Freedom of expression, advocacy of humanist values

Freedom of expression and the press are protected under Gambia’s current Constitution.

While many civil society organizations’ activities were restricted under President Jammeh, in the last few years under President Barrow, these groups have had more freedom to act as they wish.[ref]https://bti-project.org/en/reports/country-report/GMB[/ref] Yet although practices have changed in the transition of leadership, many laws have not. For example, in February 2018, the Court of Justice of the Economic Community of West African States (ECOWAS) found that “most Gambian media laws violated freedom of expression”.[ref]https://www.amnesty.org/en/latest/news/2021/09/gambia-oppressive-laws-remain-despite-presidents-promises/[/ref]

The Public Order Act,[ref]https://www.rightofassembly.info/assets/downloads/1961_Public_Order_Act_of_The_Gambia_(as_amended).pdf[/ref] particularly section 5, which stipulates that permission from the police is required to protest, has been used to limit public gatherings.[ref]https://www.amnesty.org/en/latest/news/2021/09/gambia-oppressive-laws-remain-despite-presidents-promises/[/ref]

In January 2020, a protest led by the Three Years Jotna Movement, calling for the President to step down, became violent, involving the use of tear gas by police.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/gambia/[/ref] In response, two local radio stations were closed by the police after they spoke about the violence of this protest.[ref]https://www.amnesty.org/en/latest/news/2021/09/gambia-oppressive-laws-remain-despite-presidents-promises/[/ref] While the owners of these stations were arrested for “broadcasting incendiary messages and inciting violence” ultimately the charges were dropped.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/gambia/[/ref] In July 2020, human rights activist and representative for the Westminster Foundation for Democracy, Madi Jobarteh, was arrested on charges of false information and broadcasting.[ref]https://www.frontlinedefenders.org/en/case/charges-brought-against-human-rights-defender-madi-jobarteh[/ref] This occurred following an interview regarding a Black Lives Matter Demonstration Jobarteh had led the month prior.[ref]https://www.frontlinedefenders.org/en/case/charges-brought-against-human-rights-defender-madi-jobarteh[/ref] Seven days after the charges were pressed, they were dropped by the Inspector General of the Gambia Police Force.[ref]https://www.frontlinedefenders.org/en/case/charges-brought-against-human-rights-defender-madi-jobarteh[/ref]

Blasphemy

The Constitution guarantees freedom of religion or belief in theory, but the government under previous President Jammeh promoted and tightly controlled religion, especially the Sunni Islam of more than 90% of the population, and railed against atheism.[ref]https://end-blasphemy-laws.org/countries/africa-sub-saharan/gambia/[/ref] Numerous other justice and human rights issues connected to government control of religion and free expression have arisen in recent years. However, the new President Adama Barrow has pledged to reform and liberalize.[ref]https://end-blasphemy-laws.org/countries/africa-sub-saharan/gambia/[/ref]

The Gambia elevates crimes against religious adherents (Criminal Code,[ref]https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=75289[/ref] Article 117), stating:

[anyone who] destroys, damages or defiles a place of worship or any object which is held sacred by that class of persons with the intention of thereby insulting the religion of the class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to religion, commits a misdemeanour.

A person convicted on these charges is subject to a fine and/or imprisonment not exceeding two years.
Moreover, the code criminalizes any insult to religion of any denomination and uttering words with intent to wound religious feelings:

[anyone] who, with deliberate intention to wounding the religious feelings of a person, utters or writes any word, or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, commits a misdemeanour and is liable on conviction to imprisonment for a term of one year.

In July 2010, President Jammeh stressed that people should believe in God, saying that “If you don’t believe in God, you can never be grateful to humanity and you are even below a pig.”[ref]https://allafrica.com/stories/201007270096.html[/ref]

In 2009, state forces led mass hunts for those accused of witchcraft. Nearly 1,000 people were kidnapped, with many brought to secret government detention centers, beaten, and forced to drink hallucinogens, resulting in two deaths. The New York Times reported that the witch-hunting campaign had been sparked by President Jammeh’s belief that the recent death of his aunt was caused by witchcraft.[ref]https://www.nytimes.com/2019/11/12/world/africa/gambia-witch-hunt-testimony.html[/ref]