Judiciary Takes Stand Against Government; Security Sector Reform Progresses Slowly

Banjul, Gambia - In a landmark decision, the Supreme Court of The Gambia has ruled against a loan scheme in the national budget that aimed to benefit members of parliament and parliamentary staff personally. This move is seen as a sign of growing independence of the judiciary, but experts say there are still significant legacy issues affecting access to justice for many Gambians.

Challenges Facing the Judiciary

Despite improvements, the country’s judiciary faces challenges such as limited access to justice due to financial constraints and the lack of free legal aid systems outside of the capital city of Banjul. The government has introduced the Legal Aid Act to strengthen access to justice, but resource constraints are hindering its implementation.

Security Sector Reform

The transformation of The Gambia’s security sector is a crucial element of transitional justice and national development. However, security institutions are still distrusted by many Gambians, who fear that loyalists of former President Yahya Jammeh may still be present in the military.

• A Senegalese general involved in the ECOWAS Mission in The Gambia (ECOMIG) has claimed that these factions are still in contact with Jammeh and pose a threat to the current government.
• Security institutions themselves are victims of corruption, which was deliberately perpetuated during Jammeh’s rule to integrate them into his patronage networks.

Security sector reform (SSR) is ongoing, but progress has been slow due to lack of coordination and delay in rolling out the National Security Policy and Strategy. The process is led by the Ministry of Justice and the National Security Council, with support from international organizations such as the European Union.

Achievements and Challenges

Despite challenges, SSR has achieved some gains, including:

• Establishment of civilian oversight bodies
• Restructuring of the Intelligence Service to prevent abuses

However, a new constitution is still needed to replace the 1997 one, which remains a major obstacle to effective SSR.

Investment Policies

The Gambia’s investment policies are considered relatively friendly, with few restrictions on foreign ownership outside of the defense industry. However, corruption and lack of effective regulation have been reported as obstacles to foreign direct investment. According to the World Bank’s Ease of Doing Business Index, The Gambia performs poorly in terms of ease of doing business.

Conclusion

While progress is being made in various areas, The Gambia still faces significant challenges on its path towards democratization and economic development.