The president is directly elected to a five-year term and faces no term limits. In December 2021, Barrow won a second term with about 53 percent of the vote in a field of six candidates. Ousainou Darboe of the United Democratic Party (UDP) placed second with 28 percent. Domestic and international observers found the results to be credible. However, some irregularities were reported, and a number of deficiencies in the legal framework affected the campaign environment. Two of the opposition candidates rejected the outcome and filed a legal suit that was subsequently dismissed by the Supreme Court on procedural grounds.

Of the 58 members of the unicameral National Assembly, 53 are elected by popular vote and the remainder are appointed by the president; members serve five-year terms. The April 2022 parliamentary elections, in which Barrow’s National People’s Party (NPP) won a plurality of seats, were deemed transparent, peaceful, and orderly by international observers. Weaknesses included low turnout and some confusion in the lead-up to the election over the number of constituencies. The NPP won 18 seats, with the UDP winning 15. Three smaller parties and twelve independent candidates also won seats.

The Independent Electoral Commission (IEC) adequately managed the 2023 local elections despite ongoing challenges related to the commission’s finances. Observers have highlighted weaknesses in the electoral framework, including poor regulation of campaign financing and the use of state resources in campaigns, but a domestic observation mission praised several key aspects of the 2023 election-day polling process. Some critics of the government alleged that the February 2023 establishment of a commission of inquiry into the use of local government funds was timed to influence the local elections.

There were 19 political parties registered in The Gambia as of 2023. Organizers must pay a one million–dalasi ($17,000) registration fee and garner the signatures of 10,000 registered voters, with at least 1,000 from each of the country’s regions. Candidate nomination requirements and fees present an obstacle to party competition. Parties centered on a particular religion, ethnicity, or region are banned. Parties are required to submit annual audits to the IEC.

Barrow’s NPP has a legislative majority with the support of two smaller parties—the Alliance for Patriotic Reorientation and Construction (APRC), which was the ruling party under Jammeh, and the National Reconciliation Party (NRP)—and of the five nominated members of the National Assembly. In the 2023 local elections, the NPP lost ground to the UDP, principally in urban areas.

Gambians have become freer from improper influences on their political choices since Jammeh’s rule ended, but abuses such as the politicized distribution of money and goods to benefit the ruling party continues to be alleged around elections. An alleged coup plot by members of the Gambian military was thwarted in December 2022.

A military mission of the Economic Community of Western African States’ (ECOWAS) initially deployed to enforce the 2016 election result was extended until January 2024. There have also been instances of the conflict in Senegal’s Casamance region spilling over into Gambian territory. In September 2023, a former fighter from the region was arrested in Senegal on suspicion of killing two police officers in The Gambia.

Major parties draw much of their support from particular ethnic groups, prompting concern that Gambian politics are being defined by ethnic divisions. Women remain underrepresented in politics. Only five women held National Assembly seats after the 2022 legislative elections, unchanged from the number before the elections.

The Barrow government does not appear to be subject to undue influence from nonstate actors, armed forces, or foreign governments. However, its critics have alleged that the government is under the influence of Senegal, citing the continued presence of the ECOWAS military mission and the preponderance of Senegalese commercial interests in the country. The parliament’s limited ability to check executive authority remains a concern.

Corruption allegations against officials at all levels of government are frequent. In March 2023, the permanent secretary of the Ministry of Fisheries and Water Resources was sentenced to two years in prison on corruption charges, the first such conviction of a senior civil servant under Barrow. An anticorruption bill that had been under consideration since 2019 was passed by the National Assembly in December 2023. Anticorruption bodies such as the Financial Intelligence Unit of The Gambia (FIU) have weak enforcement powers.

Government operations are generally opaque. Officials must make asset declarations to the ombudsman, but the declarations are not open to public and media scrutiny. There are widespread allegations of corruption in public procurement. Key licensing processes, especially for industries that rely on natural resources, are not transparent. However, information about the government’s budget and debts is generally available to the public and the government has collaborated with civil society organizations and international partners to improve citizen participation in the budget process. The government has also begun to take steps to implement the 2021 Access to Information Act, and in 2023 partnered with civil society organizations to hold trainings on it for government information officers.

Score Change: The score increased from 1 to 2 due to improvements in transparency following the passage of an access-to-information law.

The Gambian media environment remains much improved under Barrow’s presidency. A number of new Gambian media outlets have been established. Nevertheless, a number of laws that restrict freedom of expression remain in effect. Media outlets have been subject to arbitrary suspensions and journalists have at times faced arrest or physical assault from state and nonstate actors in the course of their work. In September 2023, the owner of an online news outlet, Bakary Mankajang, was charged with witness interference while reporting on the killing of two Gambian police officers. In April 2023, President Barrow said that certain community radio stations that allowed guests to “attack” his government should be regulated; days later, three radio stations received letters from the Public Utilities and Regulatory Authority inquiring about particular programming.

The Barrow government has maintained that The Gambia is a secular society in which adherents of all faiths can worship freely. In practice, non-Sunni Muslim groups experience discrimination. During 2023, religious tensions that broke out in two cities between Muslim residents and members of the country’s Christian minority prompted police investigations.

Academic freedom at the University of The Gambia has improved since Barrow took office, with a more open environment for the exchange of ideas among students and professors than under Jammeh. Faculty frequently criticize the government without repercussions.

Score Change: The score improved from 2 to 3 due to an ongoing trend of reduced political interference with academic speech and institutions.

Gambians have greater freedom to express political views under the Barrow administration. However, sedition laws that remain on the books could be used to criminalize criticism of the government, including on social media.

The constitution guarantees freedom of assembly, but the colonial-era Public Order Act, still in effect, requires event organizers to obtain police permits for public assemblies. In the white paper it released in 2022 on the findings of the Truth, Reconciliation, and Reparations Commission (TRRC), the government accepted the commission’s recommendation to review the act to ensure that it aligned with international human rights standards.

There are several nongovernmental organizations (NGOs) in The Gambia that focus on human rights and governance issues. Although restrictive legislation remains on the books, since 2017 NGOs have operated with less interference in practice, and some groups have successfully challenged the government on policy and legal matters without repercussion. International NGOs have also increased their presence in the country and are able to operate without interference.

In November 2023, Madi Jobarteh, a well-known human rights activist who had been arrested the previous month, reportedly in connection with a Facebook post calling for government and police accountability, was charged with “seditious intention, incitement to violence, and false publication and broadcasting.”

Workers—except for civil servants, household workers, and security forces—may form unions, strike, and bargain for wages, but the labor minister has the discretion to exclude other categories of workers. The Gambia has multiple trade unions that operate without government restrictions, though several lack organization and funds. In 2023, the Gambian Teachers Union undertook industrial action.

The Barrow government has taken steps to improve the judiciary, including ending the use of contract judges, establishing additional courts to address case backlogs, and giving courts greater budgetary autonomy. The government has also reconstituted the Judicial Service Commission, which appoints lower-court magistrates and advises the president on higher-level appointments, court efficiency, and operations. While executive dominance remains a concern, the judiciary has shown some independence from the other branches of government in recent years.

Constitutional due process guarantees remain unevenly upheld, though political dissidents face less risk of persecution than during the Jammeh era. The government has pledged to arrest and prosecute security officers responsible for past human rights abuses.

The use of illegitimate physical force by security agents has been less frequent under the Barrow administration. There have been some attempts to improve prison conditions, which remain dire. The TRRC recommendations have yielded several prosecutions and suspensions of security officials for using illegitimate force, and the government has acknowledged the need to strengthen laws protecting individuals from abuse by security services.

In March 2023, the National Assembly adopted the Prevention of Torture Act, which according to the government, “provides the legal framework for the prohibition, prevention and punishment of any form of torture...and provides penalties aimed at ensuring accountability.”

Several groups in Gambian society encounter serious difficulties in exercising their human rights. Women enjoy less access to higher education, justice, and employment than men. Legal protections for people with disabilities require strengthening and enforcement. LGBT+ people face severe societal discrimination, and same-sex sexual relations are criminalized. The constitution prohibits discrimination, but this “does not apply in respect to adoption, marriage, divorce, burial, and devolution of property upon death.” Caste-based discrimination remains an issue in parts of the country.

There are no legal restrictions on the freedom to change one’s place of residence or employment. In practice, the endurance of strong kinship networks and unclear land-ownership rules affect Gambians’ ability to change residence.

Gambian law provides formal protections for property rights, but enforcement is weak. Interpretations of Sharia (Islamic law) provisions on family law and inheritance can facilitate discrimination against women. Corruption hampers legitimate business activity. Land ownership is a contentious issue, with disputes sometimes escalating into violence. The problem is exacerbated by unclear division of responsibilities between traditional and state authorities. In rural areas, land is typically allocated by traditional authorities to men.

Rape and domestic violence are illegal but common. There are no laws prohibiting polygamy or levirate marriage, in which a widow is married off to the younger brother of her spouse. Female genital mutilation and child marriage are still practiced despite legal bans. In August 2023, three women were convicted of practicing female genital mutilation and fined, the first such convictions in The Gambia.

Enforcement of labor laws is inconsistent but has seen modest improvement in recent years. Some women and children are subject to sex trafficking, domestic servitude, and forced begging. In the 2023 edition of its Trafficking in Persons report, the US State Department noted that The Gambia is making increasing efforts to eliminate human trafficking, but still does not meet minimum standards.