Gambia

In The Gambia, the human rights landscape as of early 2026 is defined by a slow, complicated transition from the 22-year authoritarian rule of Yahya Jammeh. While the administration of President Adama Barrow has opened up civic space, the country is currently facing a "reform fatigue" marked by stalled constitutional changes and a controversial debate over women's rights.
1. Stalled Constitutional Reform
The most significant setback for Gambian democracy is the repeated failure to pass a new constitution to replace the 1997 Jammeh-era version.
Failed Amendments: In July 2025, the National Assembly again rejected the Constitution Bill. The primary sticking point remains presidential term limits.
Executive Power: The current 1997 Constitution allows the president to serve unlimited terms and grants the office unilateral power to remove certain officials. Critics argue the Barrow administration is "recycling" Jammeh’s legal tools to consolidate power ahead of the 2026 elections.
Removal of Oversight: In September 2025, the removal of Auditor General Modou Ceesay sparked public outcry, as it was seen as a blow to government transparency and accountability.
2. Women’s Rights and the FGM Debate
Gambia is currently at a global crossroads regarding Female Genital Mutilation (FGM).
Supreme Court Case: As of February 2026, the Supreme Court is deliberating on the constitutionality of the 2015 ban on FGM. This follows a high-profile attempt by some religious leaders and lawmakers in 2024 and 2025 to repeal the ban.
Gender-Based Violence (GBV): While the government signed the African Union Convention on Ending Violence Against Women in 2025, marital rape remains legal, and rates of domestic violence remain high.
Backlash: Human rights defenders fighting to keep the FGM ban report increasing harassment and digital threats from conservative factions.
3. Transitional Justice and Accountability
The implementation of the Truth, Reconciliation and Reparations Commission (TRRC) recommendations is moving at a snail's pace.
Prosecution Gaps: By mid-2025, only about 20% of the TRRC’s recommended activities were fully implemented. Many individuals accused of serious abuses during the Jammeh era still hold positions in the security services or government.
Special Hybrid Tribunal: There is progress toward establishing an ECOWAS-backed "Hybrid Tribunal" to try Jammeh-era crimes, but funding remains a major hurdle (estimated at $60 million).
Universal Jurisdiction: Some justice is being found abroad; in 2024 and 2025, former Gambian officials faced trials in Switzerland and Germany for crimes against humanity.
4. Freedom of Expression and Assembly
While significantly better than under the previous regime, the environment is tightening as the 2026 election approaches.
Journalist Intimidation: In late 2024 and 2025, several journalists (notably from The Voice) were detained or charged with "seditious intention" for reporting on the President’s succession plans.
The Public Order Act: This colonial-era law is still used to restrict protests. The police frequently deny permits for demonstrations critical of the government, citing "security concerns."
Arbitrary Detention: Police units like the Anti-Crime Unit have been accused of using excessive force and conducting arrests without warrants during student and civil society protests in late 2024.