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Gambia's first blind magistrate presides over 1,000 cases in a court system lacking accessibility

While the country passed a disability rights law in 2021, officials say the judiciary and schools have not updated infrastructure or funding to match the new legal standards.

By Claire Herrera ·

Illustration for: Gambia's first blind magistrate presides over 1,000 cases in a court system lacking accessibility
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Magistrate Muhammed Krubally cannot see the lawyers, witnesses, or relatives packed into the Banjul Magistrates’ Court, but he manages the proceedings through sound and assistive technology. He arrived early to the courtroom in the Gambian capital, where his clerk reviewed the day’s files to prepare him for the criminal case. Krubally uses JAWS screen reader software and AI-enabled smart glasses to access digital documents and judge rulings. He states that these tools make his job easier, allowing him to navigate the computer system independently.

Krubally has presided over more than 1,000 civil and criminal cases since joining the bench in 2016. At 41, he is the Gambia’s first visually impaired magistrate, a distinction confirmed by the Gambia Organisation of the Visually Impaired. His appointment challenges the assumption that judicial institutions must be redesigned for individuals with disabilities, as he has spent a decade adapting to the existing environment rather than waiting for systemic changes.

The legal framework for his position is established. The Persons with Disabilities Act, passed in 2021, mandates principles of non-discrimination, full participation, and accessibility in public services and employment. The law requires the government to ensure that public buildings and justice systems are accessible to all citizens. However, the National Human Rights Commission reports that barriers such as discrimination and service access difficulties persist in practice.

The Ministry of Gender, Children and Social Welfare did not respond to inquiries regarding the implementation of the act or specific measures to improve accessibility. The judiciary also did not reply to questions about the accommodations provided to Krubally or the changes made to court facilities since the law took effect. This lack of official response highlights a gap between statutory rights and administrative execution in the country's public sector.

The disconnect is evident in the education system that produced Krubally. Lamin Colley, head of school at GOVI’s Resource Centre for the Blind, notes that 49 pupils aged four to 14 currently attend the facility. When these students transition to mainstream schools, they rely on special-needs teachers who are spread across large clusters. Colley states that limited learning materials and insufficient government funding prevent these teachers from maintaining regular contact with all students. He describes the situation on the ground as unchanged since the disability act was passed.

The financial strain is part of a wider issue of institutional readiness. Ndey Yassin Secka-Sallah, the country’s only visually impaired parliamentarian, says she had to rely on colleagues to follow discussions in the National Assembly for years after taking her seat. She argues that inclusion requires independent participation, not just physical presence. Secka-Sallah views Krubally’s tenure as a step forward but maintains that the struggle for functional access continues in government bodies.

Musa Barrow, a media law lecturer, faces similar hurdles in the academic sector. He uses digital tools to prepare notes and teach journalism students, but he reports that students often question his ability to meet professional standards. Barrow relies on technology to bridge the gap, noting that digital tools have removed many physical barriers to his work. However, he says that social assumptions about his capabilities remain a persistent challenge in his classroom.

Data on the scale of this challenge is limited. The 2013 census recorded a disability prevalence of 1.2 percent, representing 21,873 people, but used narrow questions that may understate the true number. A new census released in September 2024 did not include detailed disability data. This leaves the government without a precise baseline for allocating resources to disability services.

Krubally now mentors young people, including Modou Lamin Dampha, who cites the magistrate as proof that professional ambition is not limited by visual impairment. Krubally continues to work in the Banjul court, using memory, sound, and software to follow proceedings. He states that he sees possibility in the future, even as the institutions around him adjust to accommodate his presence.

Source: Al Jazeera

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