The Gambia: Peoples' Democratic Organisation for Independence and Socialism v The Gambia (2000) AHRLR 104 (ACHPR 1996) Facts [1.] The complainant alleged that voter registration in the constituencies of Serrekunda West, Serrekunda East and Bakau is defective because those registering are not required by the law to give an address or identification. It argued that there is no control over voter registration since no documents have to be shown to the registration officer. The voter may be asked his name and citizenship, but there is no requirement to produce an address or compound number. Furthermore, the witness is not required to identify himself. The complainant argues that the absence of a requirement to produce an address or compound number makes it possible for the voter to forge his right to vote in the constituency, or to vote several times. [2.] In the rural areas the registration of the voters and the voting procedure itself are controlled by the headman, the registration officer, representatives of different political parties, and village elders. In the urban areas the control is only done by the registration officer, who does not know the people. Without the street address or compound number it is impossible for the registration officer to control the identity of the voter, even though they must sign a form of registration and enclose a photograph, because the signature could be forged and the lack of communication between different constituencies could make it possible for the voter to register in several stations. [3.] The complainant argued that the registration by street address/compound number is possible, since most urban areas in The Gambia have street addresses or compound numbers. [4.] The complainant argued that, based on its observations of voter registration, there is widespread fraud. According to the government [5.] The government argued firstly that the case was inadmissible because it could be taken through the courts to the level of the (British) Privy Council. [6.] The complainant pointed out that the (Gambian) Elections Act, section 22(5), states that the judgment of the Gambian Supreme Court shall be final and conclusive; thus, appeal to the Privy Council is impossible. [7.] As to the merits, the state originally claimed that The Gambia does hold free and fair elections. In the urban areas a form was signed and address/compound number, occupation, constituency and photo were included wherever possible. These were checked by the registration officer both at registration and at the elections, providing adequate protection against fraud. Likewise, in the rural areas, the personal identification by the village headman took place both at registration and at the elections. [8.] The state claimed that it is almost impossible in a developing country like The Gambia to ensure control by street addresses/compound numbers. Many dwellings in The Gambia, including in the urban areas, do not have street addresses/compound numbers, but are registered in the names of the owners. It is therefore impossible to make this requirement absolute. [9.] The state further argued that it is impossible to require the showing of identity papers at the time of registration and election as a high percentage of the population does not have identification papers. It was not before 1985 that a National Identity Card was introduced and now not more than 50% of the population has been registered. [10.] In July 1994 there was a change of government in The Gambia. The present government strongly condemns the claims of the previous government that the streets of Serrekunda were not named with sufficient specificity to permit making a street address a mandatory requirement for voter registration. The present government calls this claim 'inexcusable and indefensible'. [11.] The present government, by its 'Admission of Communication no 44/90 from the Peoples' Democratic Organisation for Independence and Socialism - PDOIS - against the State of The Gambia' concedes that the grievances expressed by the complainants are valid and logical. It expressed its intent to change the current system to correct the present 'anomalies'. Procedure