By Mohammed Jallow
The arrest of young Gambian men and women who reportedly sought to commemorate the one year anniversary of GALA should concern every citizen who believes in the democratic aspirations of our republic. Regardless of political affiliation, ideological persuasion, or social standing, the question before the nation is not merely about one gathering or one organisation. It is about the character of the democratic society we are attempting to build after decades of authoritarian governance. It is about whether the institutions of state are acting within the limits prescribed by law and whether citizens can exercise constitutionally guaranteed freedoms without fear of intimidation, arbitrary detention, or excessive policing.
The issue deserves sober reflection rather than emotional division. In moments such as these, nations reveal the true strength of their democratic institutions. Democracies are not measured solely by elections or speeches about freedom. They are measured by how governments respond to dissent, civic mobilisation, and peaceful assembly, especially when the voices involved are young, critical, and demanding accountability.
The concerns raised by many Gambians regarding the legal basis of the arrests are legitimate and deserve transparent answers from the relevant authorities. The Constitution of The Gambia guarantees citizens the right to freedom of assembly and association under Section 25. These are not decorative provisions inserted into the Constitution for symbolic value. They are substantive guarantees intended to protect citizens from arbitrary restrictions by the state.
At the same time, the law also recognises that certain limitations may exist in the interest of public order, public safety, and national security. This is where the debate becomes particularly important. The Public Order Act has historically required permits for public processions, and the Supreme Court ruling in the landmark case of Darboe v IGP SC003/2016 clarified that while restrictions may exist, such restrictions cannot amount to the total abolition of constitutional rights. The Supreme Court made it abundantly clear that the law limits the exercise of the right but does not extinguish it altogether.
This distinction matters profoundly.
If the state possesses unlimited discretion to determine when citizens may gather, who may gather, and under what circumstances they may express collective opinion, then constitutional guarantees become vulnerable to political interpretation rather than legal principle. A democratic society cannot function on uncertainty regarding fundamental rights. The rule of law requires clarity, consistency, and proportionality.
Many Gambians are therefore asking a reasonable question. What specific legal offence justified the arrests? Were the youths engaged in violence, incitement, destruction of property, or threats against public safety? Or were they merely attempting to commemorate an event in a peaceful manner? The answers to these questions are critical because policing in a constitutional democracy must always be anchored in legality rather than discretion alone.
Equally troubling to many observers was the reported questioning by police officers regarding whether the association involved was formally registered. The right to peaceful assembly does not depend on organisational registration. Constitutional rights belong to citizens by virtue of citizenship and humanity, not by administrative certification. Civil liberties cannot become privileges granted selectively by bureaucratic approval.
The concern here is not an attack on the police institution itself. The police remain an indispensable pillar of national stability and public security. Every functioning society requires law enforcement agencies capable of maintaining peace, preventing violence, and protecting life and property. Gambians understand the importance of order, especially in a region facing instability, violent extremism, trafficking, and transnational crime. No responsible citizen wishes for chaos or lawlessness.
However, respect for the police cannot mean immunity from scrutiny. Democratic policing requires accountability. The powers vested in law enforcement agencies must be exercised within the confines of the Constitution and statutory law. The police are guardians of public safety, not arbiters of constitutional freedoms.
This is why the conduct of the Police Intervention Unit continues to generate national debate. Many Gambians still carry memories of an era in which security institutions were frequently accused of excessive force, arbitrary arrests, intimidation, and suppression of dissent. The transition from authoritarianism to democracy requires more than institutional renaming or procedural reform. It requires a cultural transformation in how state power is exercised.
The tragedy of transitional democracies is that they sometimes celebrate reform rhetorically while reproducing old patterns operationally. This contradiction risks undermining public confidence in national institutions.
The Gambia occupies a unique position on the African continent. The country hosts the African Commission on Human and Peoples’ Rights, an institution symbolising continental commitment to human rights and democratic governance. The nation established the Truth, Reconciliation and Reparations Commission to investigate past abuses and recommend pathways toward justice, reconciliation, and institutional reform. The government accepted the overwhelming majority of the Commission’s recommendations and repeatedly assured citizens and international partners of its commitment to democratic consolidation.
Furthermore, the appointment of a Special Prosecutor to pursue accountability for crimes committed during the era of Yahya Jammeh was widely interpreted as evidence that the country sought to move decisively toward justice and institutional credibility.
These achievements should not be dismissed lightly. They represent important milestones in the nation’s democratic evolution. Yet they also create expectations. Citizens naturally expect that a country positioning itself as a model of transitional justice will demonstrate exceptional commitment to civil liberties, due process, and proportional law enforcement.
The international community is watching. More importantly, Gambians themselves are watching.
Young people in particular are increasingly conscious of governance issues, constitutional rights, and democratic accountability. This generation has grown up in the aftermath of political transition. They have been repeatedly told that the “New Gambia” would differ fundamentally from the past. Their frustrations emerge not only from isolated incidents but from the perception that democratic promises are sometimes inconsistently applied.
This frustration is intensified by broader socioeconomic realities. Many Gambian youths face unemployment, irregular migration pressures, rising living costs, and uncertainty regarding future opportunities. In such an environment, civic participation becomes one of the few available avenues for expression and engagement. When peaceful civic activity is met with forceful policing, the psychological consequences extend beyond the individuals arrested. It sends a message that civic participation itself may carry risks.
A democratic state must avoid creating such perceptions.
At the same time, citizens also carry responsibilities. Public gatherings must remain peaceful and lawful. Organisers of civic activities should cooperate with authorities where legally required and ensure that demonstrations or commemorations do not endanger public order or provoke unnecessary confrontation. Democracy flourishes not through perpetual antagonism between citizens and the state but through mutual respect and institutional maturity.
The current debate therefore presents an opportunity rather than merely a crisis. It offers the country a chance to initiate a serious national conversation about the future of public order laws, policing standards, and civic freedoms.
The Public Order Act itself has long generated controversy among legal scholars, civil society actors, and constitutional advocates. Critics argue that aspects of the legislation reflect colonial era governance philosophies prioritising control over liberty. Supporters argue that some regulatory framework remains necessary to prevent disorder and ensure public safety. Both perspectives deserve engagement.
What is required now is not political grandstanding but comprehensive legal and institutional review. Laws governing assembly and protest should be modernised to align fully with constitutional principles and international human rights standards. Police training should increasingly emphasise de-escalation, crowd management, mediation, and constitutional literacy. Law enforcement officers should be equipped not merely with operational authority but with democratic understanding.
The Attorney General and Ministry of Justice also have an important role to play. In constitutional democracies, the chief legal adviser to the government serves not merely as defender of state action but as guardian of legality itself. Where concerns arise regarding possible overreach or unlawful detention, legal guidance must be swift, impartial, and rooted firmly in constitutional principles.
Ultimately, the issue before the country transcends one protest, one organisation, or one police operation. It concerns the national identity being shaped before the eyes of present and future generations.
What kind of nation does The Gambia aspire to become?
A nation governed primarily through fear and administrative control will always struggle to nurture trust between citizens and institutions. Conversely, a nation governed through constitutional fidelity, accountable policing, and civic openness creates stronger foundations for peace and stability.
True peace is not the silence produced by intimidation. Genuine peace emerges when citizens trust that their rights will be respected even when their opinions differ from those in power. Stability rooted in constitutional legitimacy is always more durable than stability maintained through excessive coercion.
The way forward therefore demands restraint from all sides.
The state must demonstrate that no citizen will be deprived of liberty without clear legal justification. Law enforcement agencies must operate with professionalism, proportionality, and respect for constitutional boundaries. Political leaders must avoid inflammatory rhetoric capable of deepening national polarisation. Civil society organisations and youth groups must continue advocating responsibly and peacefully.
Most importantly, Gambians themselves must resist the temptation to reduce every national issue into partisan hostility or tribal division. The preservation of democratic freedoms benefits every citizen irrespective of ethnicity, region, religion, or political affiliation. Rights denied to one group today may eventually be denied to another tomorrow.
The democratic journey of The Gambia remains unfinished. Transitional justice cannot succeed solely through commissions, reports, or symbolic declarations. It succeeds when ordinary citizens experience fairness, dignity, and constitutional protection in their everyday interactions with state institutions.
The nation stands at a delicate but defining moment. The choices made now regarding civic freedoms, police accountability, and constitutional governance will shape the political culture inherited by future generations.
The Gambia that citizens yearn for is not a perfect nation free from disagreement or tension. No democracy possesses such perfection. Rather, it is a nation where disagreements are managed through law rather than intimidation, where institutions act transparently, and where young people feel heard rather than feared.
That vision remains possible. But achieving it requires courage from leaders, discipline from institutions, vigilance from citizens, and unwavering commitment to the rule of law.
Only then can the nation genuinely claim to be building a democratic republic worthy of the sacrifices, hopes, and aspirations of its people.
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