- Fewer than half (44%) of Gambians say they feel “somewhat confident” or “very confident” that ordinary people who are wronged can obtain justice in the courts.
- Only about one-third of citizens say they could probably find legal advice (34%) and afford to take a legal problem to court (31%), if necessary. o About four in 10 think such a case would be resolved fairly (39%) and within a reasonable time period (38%). o Only 10% say they are aware of legal aid services that are available in their community.
- Three in 10 citizens (31%) say they would turn to the police to resolve a legal problem, while others would look to elders or traditional leaders or courts (20%), family members (16%), or religious leaders (6%). Only 2% say they would go to a lawyer or a local court.
- Fewer than half (46%) of survey respondents say they trust the courts “somewhat” or “a lot.”
- More than four in 10 citizens (43%) say that “most” or “all” judges and magistrates are corrupt.
- A majority (56%) of Gambians say that people are “often” or “always” treated unequally under the law. Six in 10 (59%) say officials who break the law frequently go unpunished.
- Almost half (48%) of respondents say that judges and magistrates “often” or “always” decide cases based on the influence of powerful people, rather than based on the law.
- An overwhelming proportion (80%) of Gambians say the death penalty is a fair punishment for the most serious crimes.
Following the electoral defeat of former President Yahya Jammeh in 2016 and the inauguration of a new administration under President Adama Barrow, the Gambia embarked on a series of reform processes. Key among these were transitional justice reform, constitutional reform, security sector reform, and a broad institutional reform agenda (Dettman, 2024; Akech, 2022; Perfect, 2022; Zarifis, 2022). While the first three were aimed at addressing decades of human rights abuses, laying the foundation for constitutional democracy, and restructuring the state security framework, the institutional reform agenda sought to redefine the principles, values, norms, and processes guiding state institutions. These efforts were intended to improve service delivery, enhance transparency and accountability, and ultimately strengthen public trust and support for governance institutions.
Years into the democratic transition and reform process, the Gambia’s judiciary continues to face challenges in delivering justice services that are not only efficient, effective, timely, and transparent but also perceived by citizens as fair and accountable, irrespective of wealth, political influence, or social status. The government, judiciary, and local and international partners have implemented a variety of programmes and initiatives to enhance access to justice and bolster public confidence in the judicial system. Recognising the centrality of trust in the judiciary, Solicitor General Hussain Thomas of the Ministry of Justice emphasised, “We’re working to build a system where every Gambian can have confidence that their rights will be protected and that the law will be applied fairly, regardless of who they are” (United Nations, the Gambia, 2024). This statement underscores the critical role of public trust in the judiciary as a pillar of the reform agenda and a key determinant of public support for governance institutions, especially in a transitional context.
Despite these reform efforts, public trust in state institutions, including the judiciary, remains a challenge. As shown in Afrobarometer (2023) Round 9 survey findings, many Gambians continue to perceive these institutions as plagued by corruption, lacking transparency, and falling short in service delivery. Addressing these concerns will be crucial in consolidating democratic gains and ensuring the success of ongoing reform efforts.
This dispatch reports findings from a special survey module on access to justice included in Afrobarometer’s Round 10 surveys.
Findings show that fewer than half of Gambians trust the courts, are confident that ordinary people can get justice in the courts, or think they could afford to take a legal problem to court. Majorities say that people are “often” or “always” treated unequally under the law and that powerful people who break the law often go unpunished.
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