The National Human Rights Commission Act, no. 08 of 2017

1. Short title and commencement

2. Interpretation PART II — ESTABLISHMENT AND COMPOSITION OF THE NATIONAL HUMAN RIGHTS COMMISSION 3. Establishment of the National Human Rights Commission

4. Composition of the Commission 5. Appointment of members 6. Tenure of office of members

7. Remuneration. of members :

8. Resignation of members.’

9. Removal of members » 10. Immunity of members

11. Filling of. membership vacaricies . PART ill;- FUNCTIONS, POWERS, MEETINGS OF THE COMMISSION ETC 12: Functions of the Commission

13. Powers of the Commission »- -

14. Administration of oaths, etc. 15. Review of decisions

16. Independence of the. Commission : 17. Meetings of the Commission 18. Disclosure of interest eee 19, Establishment of thematic: committces:

20. Right of access to government offices, information, etc. 21. Duty of impartiality :

22. Redress for complainants. - ve 23. Government's obligation to respond to remedial actions ie -24. Exclusion of jurisdiction

25. Rules of procedure Sheen one PART IV-— ADMINISTRATIVE PROVISIONS | ‘ é 26. The Executive Secretary of the Commission and Deputy - nf 27. Functions of the Executive Secretary iE :

28. Other staff of the Commission \

29. Immunity of the Executive Secretary and other staff 30. Staff regulations PART V —- FINANCIAL PROVISIONS 31. Funds of the Commission 32. Annual estimates, accounts and audit 33. Annual report PART Vi ~ MISCELLANEOUS 34. Duty of confidentiality 35. Protection of informants 36. Protection of witnesses

37. Regulations SCHEDULE ry ISSN 0796 - 0298 Z| wy i is _Supplement “C” to The Gambia Gazette No.2 of 24th January, 201%. ‘ National Human Rights Commission Act, 2017 x ') ) | ee }? { i THE GAMBIA | No. 08 OF 2017 | Assented to by The President, | this 13th day of January, 2018 Adama Barrow. President ie | “AN ACT to establish a Commission for the promotion and protection ; Of human rights in The Gambia, and for connected matters. [ ] ENACTED by The President and the National Assembly. Act, 2017 National Human Rights Commission PART | —- PRELIMINARY

4. Short title and commencement Human Rights Commission Act, This Act may be cited as the National date as the Minister shall, by 2017 and shall come into force on such e. Order published in the Gazette, determin 2. interpretation e requires — in this Act, unless the content otherwis of the National Human “Chairperson” means the Chairperson 3; r section Rights Commission established unde human rights violation, a victim's “complainant” includes a victim of a ve of a victim; family member and a legal representati Constitution of the Republic of The “Constitution” means the 1997 Gambia; Executive Secretary of the “Executive Secretary” means the Commission appointed under section 26; t of The Gambia; “Government” means the Governmen the fundamental rights and freedoms “human rights” include ties bia and in the international trea enshrined in the laws of The Gam a party; Gambia is and other agreements to which The loses a human rights violation to “informant” means a person who disc the Commission; and includes the “member means a member of the Commission National Human Rights Commission Act, 2017 Chairperson and the Vice-Chairperson of the Commission; “Minister” means the Attorney General and Minister of Justice; “President” means the President of the Republic of The Gambia; and “witness” means a person who testifies about a human rights violation before the Commission. PART || — ESTABLISHMENT AND COMPOSITION OF THE NATIONAL HUMAN RIGHTS COMMISSION

3. Establishment of the National Human Rights Commission (1) There is established by this Act, the National Human Rights Commission. (2) The Commission shall be a body corporate with perpetual succession and a common seal and may — (a) sue and be sued in its corporate name; (b) enter into contracts and acquire, hold and dispose of property; and - i (c) do such other things or acts necessary for the proper performance of its functions.. (3) The application of the common seal of the Commission shall be authenticated by the signature of the Executive Secretary, the Chairperson, the Vice-Chairperson, or any other member authorised by the Commission in writing to sign on behalf of the Commission. (4) A document bearing the imprint of the common seal of the Commission is deemed to be properly sealed, unless the contrary is proved. 4, Composition of the Commission The Commission shail consist of — (a) aChairperson, who shall be a legal practitioner of not less than ten years post-call experience and who has in addition acquired at least five years of experience in the promotion or protection of human rights in any capacity; 4 National Human Rights Commission Act, 2017 (b) a Vice-Chairperson, who has acquired not less than five years expertise in his or her field; and (c) three other members.

5. Appointment of members Service (1) Tne President shall, after consultation with the Public of the Commis sion, in accord ance Commission, appoint the members with the procedure specified in the Schedule to this Act. ssion, who (2) The President shall appoint the members of the Commi shall include at least two women, from amongst persons — (a) of high morals and proven integrity who have so distinguished themselves in their respective fields as to command the respect of the public; and (b) well versed in and of proven record of respect for human rights. t — (3) A member of the Commission shall, upon his or her appointmen (a) relinquish any other office, post or appointment that he or she holds in the public service or in any other employment; and (b) serve the Commission in his or her individual capacity and not on behalf of any organisation or interest group.

6. Tenure of office of members and is A member of the Commission shall hold office for three years eligible for re-appointment for one further term.

7. Remuneration of members of the Commission shall work full-time for the (1) A member retirement Commission and shall be paid such salary, allowances and . benefits as shall be determined by the Public Service Commission the salary, (2) The Public Service Commission shall not vary a membe r to the member's allowances and retirement benefits of disadvantage during-his or her tenure of office. National Human Rights Commission Act, 2017

8. Resignation of members A member of the Commission may resign from his or her office by notice in writing under his or her hand addressed to the President, and a resignation shall take effect when the notice is received by the President.

9. Removal of members (1) The President may only remove a member of the Commission from office on the following grounds — (a) inability to perform the functions of his or her office arising from infirmity of mind or body or from any other cause; (b) misconduct, including failing or refusing to — (i) participate in the work of the Commission without due cause, and (ii) disclose an interest in a complaint made to the Commission as provided under section 18; (c) incompetence; (d) bankruptcy; (e) conviction of a felony or of any offence involving dishonesty; or (f) known involvement in a political party. (2) The President may remove a member of the Commission from office under paragraph (a) of sub-section (1) following a report submitted by a properly constituted Medical Board. (3) The President may remove a member of the Commission from office under paragraph (b) and (c) of sub-section (1) following a report submitted by a Committee appointed by the National Assembly under section 109 (2) (b) of the Constitution.

10. Immunity of members A member of the Commission shall not be subject to civil or criminal proceedings or be personally liable for any act done or omitted to be done in the performance of his or her functions. National Human Rights Commission Act, 2017

411. Filling of membership vacancies (1) A vacancy occurs in the membership of the Commission if - (a) amember’s initial term or final term expires; (b) a member resigns from his or her office by notice in writing under his or her hand addressed to the President under section 8; (c) amember dies; or (d) amember is removed from office by the President under section 9. (2) The President may appoint a person from among the shortlisted persons considered by the Selection Panel referred to in the Schedule to this Act, to fill a vacancy that occurs in the membership of the Commission. PART ill — FUNCTIONS, POWERS, MEETINGS OF THE COMMISSION ETC

42. Functions of the Commission The Commission shall — (a) promote and protect human rights in The Gambia; (b) monitor, receive, investigate and consider complaints of human rights violations in The Gambia, including violations by private persons and entities; (c) communicate its decisions in the form of written reports to the Government and all relevant institutions to take necessary corrective action; (d) recommend appropriate remedial action to the Government and seek appropriate redress on behalf of complainants; (e) promote awareness of, and respect for human rights through— National Human Rights Commission Act, 2017 (i) conducting public awareness and _ education programmes to promote a culture of human rights in The Gambia, (ii) undertaking studies on all matters concerning human rights, (iii) assisting the Government in formulating appropriate policies to guarantee human rights, (iv) publishing in the Gazette, an annual report on the state of human rights protection in The Gambia, (v) publishing guidelines, manuals and other materials to explain the obligations of public officials in the protection of human rights, and (vi) effective cooperation with non-governmental organisations and other public interest bodies engaged in the field of human rights, discrimination, economic and social development, protection of vulnerable groups, universities, faith based groups, youth advocacy groups and other civil society organisations; (f) organise local and international seminars, workshops and conferences on human rights issues to enlighten the public; (9) liaise and cooperate with local and international human rights organisations to advance the promotion and protection of human rights; (h) participate in international activities concerning the promotion and protection of human rights; (i) review existing human rights legislation and make recommendations to the Government concerning the compliance of the existing legislation with the international treaty obligations of The Gambia; () encourage the Government to — (i) review draft legislation which may affect human rights, (ii) ratify or accede to international human rights National Human Rights Commission Act, 2017 instruments, (iii) effectively implement international human rights instruments and other agree ments to which The Gambia is a party including through indep enden t commentary of periodic reports to be submitted by The Gambia; (k) maintain a library, collect data and disseminate information and materials on human rights genera lly; and such other functions as are necessary or (1) perform expedient under this Act or any other enactment of the National Assembly.

43. Powers of the Commission organisational (1) The Commission may establish such units or other for the more structures as the Commission may consider necessary efficient performance of its functions. (2) The Commission has the powers, rights and privileges vested in a the High Court at a trial to - | (a) hear any complainant; (b) summon witnesses to testify at hearings; (c) examine witnesses on oath, affirmation or otherwise; i} (d) compel the production of documents; ; '(e) issue an order or request to examine witnesses abroad and (f) enforce its decisions, including measures to protect the life and safety of an individual. 44, Administration of oaths, etc. any other member of the Commission, or staff of The Chairperson, ster an the Commission authorised by the Chairperson, shail admini oath taken or an affirmation made by a witness. National Human Rights Commission Act, 2017

15. Review of decisions (1) A party who is aggrieved by a decision of the Commission under section 12 (1) (c) may request for a review of the Commission's decision within thirty days of the communication of that decision. (2) The Commission may set up a special committee to review decisions of the Commission.

16. Independence of the Commission In the performance of its functions, the Commission shall not be subject to the direction or control of any person or authority.

17. Meetings of the Commission (1) The Commission shall meet at such times and places as the Chairperson shall determine. (2) The Chairperson shall, at the request in writing of at least three other members, convene a special meeting of the Commission at any time. (3) The Chairperson shall preside over meetings of the Commission and the Vice-Chairperson shall preside over a meeting in the absence of the Chairperson. (4) The quorum for a meeting of the Commission shall be three members, including the Chairperson or the Vice-Chairperson. (5) All decisions of the Commission shall be taken on the basis of a majority vote and the Chairperson or other member presiding shall have a casting vote as well as a deliberative vote. (6) The Commission may at any time co-opt any person to advise or otherwise assist the Commission at any of its meetings but the person co-opted shall not vote on any matter for decision by the Commission. (7) The Commission shall regulate its own procedure.

18. Disclosure of interest (1) A member who has an interest, direct or indirect, in any complaint made to the Commission, shall - (a) disclose to the Commission the fact of such interest 10 National Human Rights Commission Act, 2017 and the nature of it; and part in any hearing or decision of the (b) not take Commission relating to the complaint. shall be recorded in the (2) A disclosure of interest by a member minutes of the Commission. (1) may be removed from (3) A member who contravenes sub-section the Commission. es

49. Establishment of thematic committe the (1) The Commission may establish such thematic committees as for the efficient Commission may consider necessary or expedient performance of its functions. ission may include (2) Thematic committees established by the Comm e on the n, a Committe a Committee on the Human Rights of Wome on the Human Rights of Human Rights of Children, a Committee on the Human Rights of People with Disabilities and a Committee Migrants. Refugees, Internally Displaced Persons and the relevant knowledge (3) A committee shall consist of persons with to that committee and and experience in the subject matter assigned the Commission. shall be headed by a Chairperson selected by , specialists in various (4) A committee may invite to its meetings in such other capacity as human rights fields as resource persons OF the committee shall determine (5) A decision of a committee shall not have any effect until the Commission approves it. ed, after approval by the (6) A report issued by a committee is deem on. Commission, to be an official report of the Commissi of its committees. (7) The Commission shall regulate the procedure information, etc.

20. Right of access to government offices, n authorised by the (1) A member of the Commission or a perso rights violation shall Commission in writing to investigate a human rnment facilities and have access to all government offices, gove mation in government places of detention and all non-classified infor documents. 11 National Human Rights Commission Act, 2017 (2) The Commission shall, where any government official notifies the Commission in writing that the public disclosure of any information or the answering of any question or the production of any document or thing in public, might prejudice — (a) the security or defence of The Gambia; (b) the prevention, investigation or detection of offences; and (c) the proceedings of Cabinet concerning matters of a secret or confidential nature, summon that government official to appear before the Commission to explain why the public disclosure of the information, the answering of the question or the production of the document or the thing in public, might be prejudicial.

21. Duty of impartiality (1) The Commission shall — (a) be impartial and fair in the conduct of an investigation; (b) report in writing to the Government and the complainant, the result of an investigation; and (c) furnish in the report, the reasons for the conclusions it has reached or reported. (2) In publishing the report of an investigation, the Commission shall have due regard to the rights of those affected, including their right to privacy.

22. Redress for complainants The Commission may, in its report on an investigation, recommend the appropriate redress for a complainant.

23. Government's obligation to respond to remedial actions The Government shall respond within thirty days to the specific case and to the more general finding, conclusion, recommendation or other decision made by the Commission as the remedy for a human rights violation. , 2017 National Human Rights Commission Act ion

24. Exclusion of jurisdict er this Act shall not The Commission's power of investigation und es a human rights of any matter which involv include the investigation Act, unless ion tha t occ urr ed bef ore the coming into force of this violat g violation. that violation is a continuin 25, Rules of procedure rules of procedure, consistent with the The Commission may make — rules of natural justice, for s; (a) _ the filing of complaint (b) the admissibility of complaints; (c) the conduct of investigations; | (d) the proof of facts; , (e) the examination of witnesses practitioners, and related representation by legal (f) matters; and te redress under section (g) recommending the appropria 22. VE PROVISIONS PART IV - ADMINISTRATI lj and Deputy ary of the Commission

26. The Executive Secret is si on sha ll be hea ded by an Executive Secretary. (1) The Comm || Public Service is si on . sha ll, after consultation with the (2) The Co mm mmission. Exe cutive Secretary of the Co Commission, appoint the years on such cut ive Sec ret ary shall hold office for five Exe on and (3) The dit ion s as sha ll be det ermined by the Commissi terms and con ther term. or she is eli gib le for reappointment for one fur he not appoint a person as the Executive (4) The Commission shall - Secretary unless he or she in any profession relevant (a) holds formal qualifications 13 National Human Rights Commission Act, 2017 or appropriate to the functions of the Commission; and (b) has such proven ability in public administration and management as the Commission may determine. (5) The Executive Secretary may only be removed from office for — (a) inability to perform the functions of his or her office arising out of physical or mental incapacity; or (b) gross misconduct or incompetence. (6) Before the Executive Secretary is removed from office, he or she shall be informed of the case against him or her and be given adequate opportunity to defend himself or herself against any allegations made against him or her. (7) The Commission shall appoint a Deputy Executive Secretary on such terms and conditions as shall be determined by the Commission. (8) The Deputy Executive Secretary shall assist the Executive Secretary in the performance of the Executive Secretary's functions.

27. Functions of the Executive Secretary (1) The Executive Secretary shall — (a) be responsible for the day to day administration of the ‘ Commission; (b) supervise and discipline the other staff of the Commission; (c) arrange the business of the Commission; (d) take the minutes of the meetings of the Commission i and keep them as a public record; (e) initiate and maintain high level contacts or relations with local interest groups and international human fe rights bodies or institutions; and may (f) perform such other functions as the Commission ant assign to him or her. 14 LE sae S adbarvy Rekoeatc Ne National Human Rights Commission Act, 2017 ap attend all meetings of the (2) The Executive Secretary shall entitled to vote. Commission but he or she shall not be n

28. Other staff of the Commissio uitment (1) The Commission may appoint, through a transparent recr on may require for the process, such other staff as the Commissi efficient performance of its functions. to time, determine the terms and (2) The Commission shail, from time and conditions as to competitive conditions of service (including terms other benefits) of ities and remuneration, allowances, pensions, gratu on. the persons employed by the Commissi y, the (3) The Commission may delegate to the Executive Secretar grades or categories of staff as the power to appoint such Commission may determine. Ls such consultants and advisers as (4) The Commission may engage ee the efficient performance of its the Commission may require for a functions. y and other staff

29. Immunity of the Executive Secretar r staff of the Commission shall The Executive Secretary and any othe ngs or be personally liable not be subject to civil or criminal proceedi in the performance of his or for any act done or omitted to be done her functions.

30. Staff regulations shall make staff regulations generally for the (1) The Commission the Commission. conditions of service of the employees of (2) Regulations made may provide for - the appointment, promotion and discipline (including (a) n; dismissal) of employees of the Commissio by employees against dismissals or other (b) appeals disciplinary measures, and be provided for (c) such other matters as may lawfully under this Act. 15 National Human Rights Commission Act, 2017 PART V — FINANCIAL PROVISIONS

31. Funds of the Commission (1) The funds of the Commission shall consist of — (a) moneys appropriated to it by the National Assembly; (b) fees, charges and other moneys or properties which may become payable to or vest in the Commission in respect of the performance of its functions; and (c) publicly declared donations or gifts of land, money or other property from any lawful source, if the conditions attached by the individual or organisation donating or making the gift are not inconsistent with the functions of the Commission under this Act or any other enactment of the National Assembly. its funds. (2) The Commission shall have control over the use of

32. Annual estimates, accounts and audit the end (1) The Commission shall, not later than three months before er respon sible of each financial year, prepare and submit to the Minist expenditure for Finance for examination, estimates of the income and of the Commission for the ensuing year. of accounts (2) The Commission shall keep proper records and books of its income, expenditure and transfers. al year, a (3) The Commission shall prepare, in respect of each financi statement of accounts. (4) The Commission shall, within three months after the end of each General financial year, submit its statement of accounts to the Auditor for audit. the Auditor (5) The audited accounts of the Commission and the Auditor General’s report on those accounts shall form part of General's overall annual report to the National Assembly. National Human Rights Commission Act, 2017

33. Annual report (1) The Commission shall, within three months after the end of each financial year, submit a report to the National Assembly on its business and operations during the preceding year. (2) The report shall evaluate — (a) the ways in which human rights in The Gambia have been observed; (b) the steps taken by the Commission to promote and protect human rights including the findings of individual complaints investigate d and interventio ns and recommendations made by the Commission or by any of its committees concerning matters brought before them; and (c) such other information concerning the activities of the Commission as the National Assembly may request. (3) The Commission shall publish its report in the Gazette and ensure that the report is disseminated as widely as possible. PART VI — MISCELLANEOUS

34. Duty of confidentiality (1) Every member of the Commission, the Executive Secretary and every other staff of the Commission shall maintain confidentiality and secrecy of any complaint, document, report and other information relating to the implementation of this Act that becomes known to him or her or comes into his or her possession or his or her control. (2) Subject to the Constitution, a member of the Commission, the Executive Secretary or any other staff of the Commission shall not divulge - (a) any information contained in the discharge of a duty, the performance of a function or the exercise of a power under this Act; and (b) the source of such information or the identity of any informer or the maker, writer or issuer of a report given to the Commission. 17 \! hy National Human Rights Commission Act, 2017 (3) A person appointed as a member of the Commission and the Executive Secretary shall, before assuming office, take the Oath for the Due Execution of Office and the Oath of Secrecy.

35. Protection of informants (1) An informant shall not be subject to civil or criminal proceedings or be personally liable for disclosing a human rights violation. (2) The Commission shall, if it determines that there is likelihood that the life or the property of the informant is endangered or is likely to be endangered, issue appropriate directions to the institutions that are capable of rendering protection to provide physical and other protection to the informant or his or her property.

36. Protection of witnesses (1) A witness shall not be subject to civil or criminal proceedings or be personally liable for testifying before the Commission about an allegation of a human rights violation. (2) The Commission shall, if it determines that there is likelihood that the life or the property of the witness is endangered or is likely to be endangered, issue appropriate directions to the institutions that are capable of rendering protection to provide physical and other protection to the witness or his or her property.

37. Regulations The Commission may make regulations generally for the effective implementation of this Act and for any other matter which is consistent with the purposes of this Act. National Human Rights Commission Act, 2017 . SCHEDULE (section 5 (1)) PROCEDURE FOR THE APPOINTMENT OF MEMBERS OF THE COMMISSION The following procedure shall govern the appointment of members of the Commission and the announcement of their appointment — The President shall, through the Minister, advertise in a transparent manner and invite suitably qualified persons to apply for the position of member of the Commission. The list of applicants shall be considered by a selection panel which shall consist of — (a) a representative of each of the following umbrella organisations — | (i) the Association of Non-Governmental " Organisations; (ii) Gambia Bar Association; (iii) Gambia Federation of the Disabled; (iv) National Youth Council; (v) Female Lawyers’ Association of The Gambia; (vi) Gambia Press Union; and (b) arepresentative of the Government, who shall be co- opted into the panel and be given all the rights and privileges of a member of the panel except that he or she is not entitled to vote on any question before the panel. The selection pane! shall include at least two women. | A member of the selection panel is disqualified from applying for the | position of member of the Commission. The selection panel shall initially shortlist nine candidates who satisfy | the criteria prescribed under section 5 (2) of this Act, viz. — 19 National Human Rights Commission Act, 2017 (a) demonstrated high morals; (b) proven integrity; (c) such distinguished service in a field of endeavour that commands the respect of the public; and (d) familiarity with and proven record of respect for human rights, gender taking cognisance of the principles of pluralism and equitable representation. nine The Minister shall, after the selection panel has shortlisted t of candidates for membership of the Commission, cause the shortlis nine candidates to be published in the Gazett e for fourtee n days. Any person who, within this period, has an objection to any of the shortlisted candidates may do so with reasons in writing to the to Minister, who shall place the objection before the selection panel consider and reach a conclusion on. selection panel shall decide whether or not to disqualify the The candidate or remove the candidate’s name from the list of shortlisted candidates. ates The selection panel shall then present the shortlist of nine candid of the candid ates as to the National Assembly for approval of five members of the Commission. of the After approval, the National Assembly shall forward the names five candidates to the President for formal appointment as members of the Commission. The Minister shall publish in the Gazette, the names of the five persons appointed by the President as members of the Commission. 20 National Human Rights Commission Act, 2017 PASSED in the National Assembly this 13th day of December, in the year of Our Lord Two Thousand and Seventeen. D.C. M. Kebbeh Clerk of the National Assembly. | THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed in the National Assembly, and found by me to be atrue and correct copy of the said Bill. D.C. M_ Kebbeh Clerk of the National Assembly. —— —. / Printed by The Gambia Printing & Publishing Corporation Kanifing -04685/01 /2018400C,