The National Human Rights Commission (NHRC) has called on the government to initiate a Constitutional amendment to abolish the death penalty.

According to the Commission, capital punishment fundamentally violates the right to life; the Commission recommends amending Section 18(1) of the 1997 Constitution to remove capital punishment entirely from the country's penal framework.

"The Ministry of Justice [should] work with the National Assembly to amend Section 18(1) of the 1997 Constitution to remove the death penalty as a form of punishment that the courts can impose," the Commission recommended in its 2025 State of Human Rights report.

Despite a moratorium on executions since 2018, retaining the death penalty in the Constitution creates a legal inconsistency. The NHRC advises the Ministry of Justice to work directly with the National Assembly to excise capital punishment as an authorised judicial sentence. The Commission emphasised that state-sanctioned execution is irreversible, posing a grave risk of executing innocent individuals.

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"In January 2025, the High Court of The Gambia passed a death sentence as punishment for a murder that occurred in Manjai," the report stated.

"While the NHRC recognises that Section 18(1) of the 1997 Constitution allows the imposition of the death sentence, it is important to highlight that in 2018 the government placed a moratorium on its execution. This highlights the ongoing legal complexities surrounding the death penalty in Gambian law, as the 1997 Constitution still recognises capital punishment as a form of penal punishment."

Recognising the ongoing calls for abolition, the Commission indicated that the state should amend Section 18(1) to give greater effect to the removal of the death penalty under the Criminal Offences Act 2025.

Deadlock on Constitutional Reform

Beyond capital punishment, the NHRC addressed the broader stagnation of constitutional reform. The Commission urged political parties to hold multilateral discussions to chart a path toward a more agreeable reform agenda. It also recommended that the National Assembly Members prioritise reasonable compromises to overcome the rejection of the draft constitution.

The Commission noted that a second attempt at enacting a new constitution for The Gambia failed on July 7, 2025, when the National Assembly rejected the Constitution (Promulgation) Bill 2024 at its second reading, dealing a major blow to the country's reform process.

"Whilst opinions differed as to the reasons for the failure of this second attempt at constitution-building in The Gambia, perceived executive overreach, a lack of public consultation, and political polarisation stood out as the main factors," the report stated.

The Commission concluded that a complete overhaul remains necessary: "The current gaps in human rights protection in the 1997 Constitution can only be appropriately addressed by the enactment of a new constitution. This must not only protect civil and political rights but also create a framework for justiciable socio-economic and environmental rights, aligning constitutional provisions with international human rights standards."

To revive the process, the Commission recommended that Civil Society Organisations (CSOs), media houses, and community leaders continue sustained advocacy and civic education for constitutional refor