While there is no systematic policy of everyday arrest or physical violence, the unsolved murder and disappearance of two well known journalists in 2004 and 2006, where the police is believed to be implicated, is a vivid memory and a constant reminder of what can happen to critical voices. Two statements made by the government also demonstrate its will to vigorously punish any sort of criticism. In a televised statement on 21 September 2009 the Gambian President threatened human rights defenders – Gambians and foreigners alike – with death should they criticize the government. On 10 January 2011, the Justice Minister Edward Anthony Gomez gave an interview to The Daily News where the state official threatened to persecute expatriate Gambians that criticize the country's human rights records if they ever return home.

Independent journalists are particularly at risk. A number of journalists have been threatened, arrested, charged or were forced to flee. The legislative framework is very restrictive: the 2004 Newspaper Registration Act, the 2005 Criminal Code Amendment Act, the 2009 Official Secrets Amendment Act and the Communications Bill contradict constitutional provisions on freedom of expression and have made it very challenging for journalists to work without breaking the law.

NGOs in Gambia are lmited in the range of activities they can undertake, are closely monitored by the government and pressured to work on non-sensitive issues. In 2010, the NGOs Affairs Agency was moved from the Ministry of Interior to the office of the President, thus increasing the monitoring of civil society. NGO registration is burdensome and includes the mandatory acceptance to conform to government development plans. Harassment of NGOs monitoring human rights violations or working on politically sensitive issues was reported. As a result, many NGOs exercise self-censorship and opt to work on less sensitive matters.

The judicial system in The Gambia lacks independence. The government has appointed and dismissed judges, including chief judges, without consulting with the Judicial Service Commission as mandated by law. The appointment of foreign lawyers to key positions in courts also jeopardizes judiciary independence, since lawyers going against government interests might not have their contracts renewed. Human rights defenders have been subjected to fabricated charges and lengthy trials. In 2011, a human rights defender of Nigerian original was sentenced and deported after a politically motivated trial.