Gambia

Republic of The Gambia

Mixed (common law, customary law, Sharia)Unitary presidential republicReviewed· 2026-08-03

Capital: Banjul
Population: 2,800,000
Languages: English, Mandinka
Currency: GMD

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Gambia · Rights

Rights in Gambia

What the atlas records on rights in Gambia, checked against the primary sources cited below.

Rights

The 1997 Constitution survived the failed 2020 replacement, leaving Jammeh-era provisions in force

Reviewed· 2026-08-03

The Constitution of the Second Republic 1997 remains in force. A comprehensive draft constitution prepared after the 2016 transition was rejected in the National Assembly in 2020, so the 1997 text — including provisions criticised as concentrating executive power — continues to govern, with the Supreme Court exercising constitutional review.

Key rules

Jurisdiction — Supreme Court of The Gambia for constitutional interpretation; Court of Appeal and High Court; Cadi Court and Cadi Appeals Panel for Muslim personal law.

Governing law

Constitution of the Republic of The Gambia, 1997 — Still in force; 2020 and 2024 replacement drafts failed in the National Assembly.

In practice

The 1997 Constitution was adopted under Yahya Jammeh's government and contains a strong presidency. After Jammeh's departure in 2017 a Constitutional Review Commission produced a draft constitution in 2020 introducing presidential term limits, a stronger bill of rights and a reformed judiciary; it failed to secure the required National Assembly majority, and a renewed attempt in 2024 also stalled. The consequence, which the atlas records plainly, is that reform expectations often reported as achieved are not law. Section 4 makes the Constitution supreme. Chapter IV protects fundamental rights, enforceable in the High Court under s.37, with the Supreme Court holding original jurisdiction over interpretation and enforcement under s.127. Sharia applies through the Cadi courts in matters of marriage, divorce and inheritance for Muslims under s.7, which lists Sharia and customary law among the sources of law.

Sources

Rights

The Data Protection and Privacy Act 2023 created The Gambia's first general regime

Indexed· 2026-08-03

The Data Protection and Privacy Act 2023 established a comprehensive framework and a Data Protection and Privacy Commission. It requires a lawful basis for processing, grants data subject rights, imposes security and breach obligations, and restricts cross-border transfers — replacing a prior position of no general statute.

Key rules

Jurisdiction — Data Protection and Privacy Commission; appeals to the High Court.

Governing law

Data Protection and Privacy Act, 2023 — First general regime; creates the Commission; transfer restrictions and breach notification.
Information and Communications Act, 2009 — Sectoral communications regulation.

In practice

Before 2023 The Gambia had no general data protection law, relying on constitutional privacy under s.23 and the Information and Communications Act 2009. The Data Protection and Privacy Act 2023 changed that, establishing the Data Protection and Privacy Commission as regulator with registration, investigation and enforcement functions. It sets processing principles of lawfulness, purpose limitation, minimisation, accuracy, storage limitation, integrity and accountability; recognises consent, contract, legal obligation, vital interests, public interest and legitimate interests as bases; grants rights of access, rectification, erasure, restriction, objection and portability; and imposes security measures and breach notification duties. Cross-border transfers require adequacy, appropriate safeguards or a statutory derogation. Because the Act is recent, subsidiary regulations and the Commission's operational capacity are still developing, so practitioners should verify the commencement and registration position for a given obligation.

Sources

Rights

Chapter IV rights, the TRRC's post-Jammeh accountability process, and host of the African Commission

Reviewed· 2026-08-03

Chapter IV of the 1997 Constitution guarantees justiciable rights. The Truth, Reconciliation and Reparations Commission reported in 2021 on Jammeh-era violations and the government accepted most recommendations, with a special accountability mechanism agreed with ECOWAS. Banjul hosts the African Commission on Human and Peoples' Rights.

Key rules

Jurisdiction — High Court under s.37; National Human Rights Commission; ECOWAS Court and African Commission in Banjul; planned Special Tribunal for The Gambia.

Governing law

Constitution of The Gambia, 1997, chapter IV and s.37 — Justiciable rights; High Court enforcement.
National Human Rights Commission Act, 2017
Truth, Reconciliation and Reparations Commission Act, 2017 — TRRC reported 2021; recommendations largely accepted in the 2022 White Paper.

In practice

Chapter IV protects life, liberty, dignity, fair trial, privacy, expression, assembly, association, movement, religion, property and equality, enforceable in the High Court under s.37. The National Human Rights Commission, created by the 2017 Act, is the domestic monitoring body. The defining process is transitional justice: the Truth, Reconciliation and Reparations Commission investigated 1994-2017 violations and its 2021 report recommended prosecution of named individuals including the former President; the government's White Paper accepted most recommendations, a reparations programme began, and in 2024 an agreement with ECOWAS provided for a hybrid Special Tribunal for The Gambia to try the most serious cases, while a former minister was convicted in Switzerland under universal jurisdiction. The Gambia also brought the Genocide Convention case against Myanmar at the International Court of Justice, an unusual instance of a small state litigating erga omnes obligations. Banjul is the seat of the African Commission on Human and Peoples' Rights.

Sources

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