1. Overview of Freedom of Assembly (2020 Constitution – Section 50)
• In the 2020 Draft Constitution, the right to assembly was outlined under Section 50. This section affirmed:
• Peaceful Assembly Rights: Every individual has the right to assemble peaceably, unarmed, to demonstrate, picket, and present petitions to public authorities or private institutions.
2. Changes in Freedom of Assembly (2024 Constitution – Section 42)
• The 2024 Draft Constitution revises this right in Section 42, emphasizing freedom with specified limitations:
• Retained Rights: The right to assemble and demonstrate peaceably and unarmed remains the core of this section.
• New Restrictions (Section 42, Subsection 2): The right to assembly is now explicitly subject to Gambian law, allowing for “reasonable restrictions” under specific conditions. These restrictions are:
• Democratic Necessity**: Assemblies must comply with laws necessary for democratic function.
• Protection of Sovereignty and Integrity: To maintain the sovereignty and integrity of The Gambia.
• National Security and Public Order: Ensuring public safety and avoiding disruptions.
• Decency or Morality: Preserving social standards of decency.
• Contempt of Court: Preventing assemblies that may interfere with judicial proceedings.
3. Key Differences Between 2020 and 2024 Constitutions
Scope of Rights:
• 2020 Constitution: Broadly guarantees peaceful assembly, demonstrations, picketing, and petitioning without specified restrictions.
• 2024 Constitution: Preserves core assembly rights but introduces conditions under which restrictions may be imposed, specifically for societal integrity, security, and public order.
Added Legal Framework:
• The 2024 draft embeds a legal framework for restricting assembly rights under particular circumstances, introducing a balanced approach that allows freedom while safeguarding public and national interests.
Implications of the Changes:
• The 2024 additions reflect a shift toward regulated freedoms, seeking to balance individuals’ rights with collective security, order, and moral considerations. The amendments aim to reinforce the state’s capacity to maintain a stable democratic society while still allowing fundamental assembly rights.