25 September 2009, Mr Kamalesh Sharma, Honourable Secretary General, Commonwealth, Marlborough House, London

Dear Secretary General,

It is with deep concern that I draw your attention to the recent statements attributed to the president of Gambia, Yahya Jammeh, on the eve of his departure to New York for the UN General Assembly last Monday. It states as follows:

'I will kill anyone who wants to destabilize this country. If you think that you can collaborate with so called human rights defenders, and get away with it, you must be living in a dream world. I will kill you, and nothing will come out of it. We are not going to condone people posing as human rights defenders to the detriment of the country. If you are affiliated with any human rights group, be rest assured that your security and personal safety would not be guaranteed by my Government. We are ready to kill saboteurs.'

The statement appears to go on to repudiate the necessity to adhere to the rule of law or rely on the judicial process when it states: 'From now on, we will kill anyone trying to sabotage this country. Don't be fooled by Human Rights Groups. They cannot save you from dying. We will kill you, and nothing will come out of it.' This also appears to assure impunity for murder.

The president's words have been widely quoted in concerned circles and reported by the BBC (25 September 2009), along with many African newspapers and news services.

The Commonwealth Human Rights Initiative (CHRI) condemns this irresponsible and callous statement as a serious violation of the fundamental principles of the Commonwealth to which Gambia has publicly committed itself in accordance with the Harare Declaration (1991) and subsequent CHOGM (Commonwealth heads of government meetings) declarations. The statement also amounts to a clear repudiation of the understanding under which the African Commission on Human and People's Rights operates out of Banjul. The statement puts in doubt the safety of the commissioners and users of the commission and undermines its ability to function.

At the 2007 CHOGM in Kampala, the CHRI had drawn the attention of the heads of government to Gambia's dismissive attitude to the demand for mounting an inquiry into the deaths of several Ghanaians and others in Gambia. Since then a UN and ECOWAS (Economic Community Of West African States) inquiry has reaffirmed the CHRI's stand and found the Gambian government responsible for failing to protect the lives of these people who were in its jurisdiction. The joint inquiry has also urged payment of compensation; to date compensation has not been provided. The human rights situation in Gambia remains a matter of serious concern to the CHRI and other human rights organisations.

As you know, Gambia remained on the agenda of the CMAG (Commonwealth Ministerial Action Group) for many years on account of human rights violations. The government has been given more than adequate time by the CMAG to open the political space in Gambia, incorporate international and regional human rights standards into its national legislation and improve its human rights record. Failure to show clear progress and meet the expectations of the international community – and, more importantly, the demand of the people of Gambia for genuine democracy – makes a strong case for reinstating Gambia on the formal agenda of the CMAG without involving the usual good offices process, as provided in the revised mandate of the CMAG adopted at the 2002 Coolum CHOGM.

The CHRI therefore requests you to take up this matter urgently with the Commonwealth foreign ministers as well as CMAG ministers who are meeting in New York this weekend in the wings of the UN General Assembly. The CMAG should be urged to condemn the above-mentioned statements for making such clear and unequivocal threats to human right defenders from the highest political office and for engaging in serious and persistent violations of the Harare principles, the CMAG must inscribe the Gambia once again onto its formal agenda. We also urge you to recommend to the prime minster of Trinidad and Tobago, as the host of the next CHOGM, to withdraw his government's invitation to the Gambian president unless the highly offensive statement is publicly repudiated, withdrawn and satisfactory clarification provided.

Yours sincerely,

Sam Okudzeto (Chair, International Advisory Commission, Commonwealth Human Rights Initiative (CHRI)) and Maja Daruwala (Director, Commonwealth Human Rights Initiative (CHRI))

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