The Constitution provides for the democratic election of the President every
5 years. National Assembly elections are held 3
months after the presidential elections. Presidential elections are
scheduled for 2001. Local elections originally scheduled for
1998 were postponed until 1999.
There are no obstacles to the participation of women in government; however,
they are underrepresented. Only 1 of 45
members of the National Assembly is a woman; however, the Vice President
(who is also Minister of Health) is a woman and 3
other ministers in the Cabinet are women.
Section 4 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of
Human Rights
There are several organizations whose mandates provide for human rights
monitoring. The AFPRC's Decree 81 of 1996 requires
nongovernmental organizations to register with a National Advisory Council,
which has the authority to deny, suspend, or cancel
any NGO's right to operate (including that of international NGO's). However,
the Government did not take action against any
NGO's during the year.
There are three major organizations whose primary mandate is the promotion
of human rights--the International Society for
Human Rights (ISHRA), the African Center for Democracy and Human Rights
Studies (ACDHRS), and the Institute for Human
Rights and Development (IHRD). Both the ISHRA and the ACDHRS have conducted
training in democratic rights and civic
education. The IHRD is a new organization and focuses principally on the
operations of the African Commission on Human and
Peoples' Rights, an organ of the Organization of African Unity based in
Banjul.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language,
or Social Status
The Constitution prohibits discrimination based on race, sex, religion,
disability, language, or social status. The Government
generally respects these prohibitions.
Women
Domestic violence, including abuse, occasionally is reported, and its
occurrence is believed to be fairly common. Police tend to
consider these incidents to be domestic issues normally outside their
ordinary jurisdiction.
Shari'a law usually is applied in divorce and inheritance. Marriages often
are arranged, and polygyny is practiced. Women
normally receive a lower proportion of assets distributed through
inheritance than do male relatives.
Employment in the formal sector is open to women at the same salary rates as
men. No statutory discrimination exists in other
kinds of employment, although women generally are employed in endeavors such
as food vending or subsistence farming.
Traditional views of women's roles result in extensive societal
discrimination in education and employment. Families frequently
educate male children before female children. Females constitute about 40
percent of primary school students and roughly
one-third of high school students.
Rape and assault are crimes. The law does not differentiate between married
and unmarried women. Any person who has carnal
knowledge of a girl under the age of 16 is guilty of a felony (except in the
case of marriage); incest is also illegal. These laws
generally are enforced.
Depending on the ethnic group, some marriages are arranged. Women in
polygynous unions have property and other rights
arising from the marriage. They have the option to divorce, but not a legal
right to approve or be notified in advance of
subsequent marriages.
Neither sexual harassment nor de facto sexual discrimination are believed to
be widespread. Individual instances have been
noted. Active women's rights groups exist, which are focused primarily on
economic issues and the elimination of female genital
mutilation (FGM).
Children
The Government is committed to children's welfare. The Department of
Education and the Department of Health, Social
Welfare, and Women's Affairs are the two most generously funded of all
departments. However, lack of resources limits state
provision of both education and health services.
The Constitution mandates free compulsory primary education, but given the
current state of the educational infrastructure, this
provision represents a goal and not an accomplishment. There is no effective
compulsory education. However, in February the
President announced an end to fees for the first 6 years of schooling and
the Government has implemented the decision.
Opportunities for secondary education are even more limited. The care and
welfare of children in distress are considered
primarily a family responsibility. In case of divorce, the Department of
Social Welfare attempts to require periodic financial
support by fathers; however, there is no criminal prosecution. Authorities
intervene when cases of abuse or mistreatment are
brought to their attention. Serious cases of abuse and violence against
children are subject to criminal penalties.
There are a few instances of child street begging. The tourist industry has
stimulated a small amount of child prostitution, which is
prosecuted vigorously.
The practice of female genital mutilation, which is widely condemned by
international health experts as damaging to both physical
and psychological health, is widespread and entrenched. Reports place the
number of women having been subjected to FGM
anywhere from 60 to 90 percent. Seven of the nine major ethnic groups
practice FGM at ages varying from shortly after birth
until 18 years old. The Government in recent years publicly has supported
the eradication of FGM and discourages FGM
through health education. However, FGM carried out with parental consent is
not considered a criminal act. The Government
has not passed legislation against FGM and, in the absence of legislation,
the judiciary is not prepared to address the problem.
People With Disabilities
There are no statutes or regulations requiring accessibility for the
disabled. No legal discrimination against the physically disabled
exists in employment, education, or other state services. Severely disabled
individuals subsist primarily through private charity.
Less severely disabled individuals are fully accepted in society and
encounter no discrimination in employment for which they are
physically capable.
Section 6 Worker Rights
a. The Right of Association
The Labor Act of 1990, which applies to all workers except civil servants,
specifies that workers are free to form associations,
including trade unions, and provides for their registration with the
Government. It specifically prohibits police officers and military
personnel, as well as other civil service employees, from forming unions or
striking. About 20 percent of the work force is
employed in the modern wage sector, where unions are most active. Roughly
30,000 workers are union members, constituting
about 10 percent of the work force.
The Gambian Worker's Confederation and the Gambian Workers' Union are the
two main independent and competing umbrella
organizations. Both organizations are recognized by the Government.
The Labor Act authorizes strikes but requires that unions give the
Commissioner of Labor 14 days' written notice before
beginning an industrial action (28 days for essential services). It
prohibits retribution against strikers who comply with the law
regulating strikes. Upon application by an employer to a court, the court
may prohibit industrial action that is ruled to be in pursuit
of a political objective. The court also may forbid action judged to be in
breach of a collectively agreed procedure for settlement
of industrial disputes. Because of these provisions and the weakness of
unions, few strikes occur.
Unions may affiliate internationally, and there are no restrictions on union
members' participation in international labor activities.
The country applied in June 1995 to join the International Labor
Organization. It has been accepted in principle, but must make
modifications to its labor and employment laws before gaining full
membership. However, the Government took no action during
the year to modify its labor and employment laws.
b. The Right to Organize and Bargain Collectively
The Labor Act of 1990 allows workers to organize and bargain collectively.
Although trade unions are small and fragmented,
collective bargaining takes place. Each recognized union has guidelines for
its activities specified by the appropriate industrial
council established and empowered by the Labor Act. Union members' wages
exceed legal minimums and are determined by
collective bargaining, arbitration, or agreements reached between unions and
management after insuring that the agreements are
in compliance with labor law. No denial of registration has been reported.
The Act also sets minimum contract standards for
hiring, training, terms of employment, and provides that contracts may not
prohibit union membership. Employers may not fire or
discriminate against members of registered unions engaged in legal union
activities.
The Government is attempting to establish an export processing zone at the
port of Banjul, but as yet no manufacturer has begun
operations.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits compulsory labor, and it is not known to occur.
Although the law does not specifically prohibit forced or bonded labor by
children, it is not known to occur. Most children
performing customary chores or who are engaged in petty trading do so as a
part of an extended family.
d. Status of Child Labor Practices and Minimum Age for Employment
The statutory minimum age for employment is 18 years. There is no effective
compulsory education, and because of limited
secondary school openings most children complete formal education by age 14
and then begin work. Employee labor cards,
which include a person's age, are registered with the Labor Commissioner,
but enforcement inspections rarely take place. Child
labor protection does not extend to youth performing customary chores on
family farms or engaged in petty trading.
In rural areas, most children assist their families in farm and housework.
In urban areas, many children work as street vendors or
taxi and bus assistants.
Although the law does not specifically prohibit forced or bonded labor by
children, apart from the general prohibition against
forced labor, it is not known to occur (see Section 6.c.).
e. Acceptable Conditions of Work
Minimum wages and working hours are established by law through six joint
Industrial Councils--Commerce, Artisans, Transport,
Port Operations, Agriculture, and Fisheries.
Labor, management, and the Government are represented on these councils. The
lowest minimum wage is about $1.16 (12
dalasis) per day for unskilled labor. This minimum wage is not sufficient to
provide a decent standard of living for a worker and
family. Only 20 percent of the labor force, essentially those workers in the
formal economic sector, is covered by the minimum
wage law. The majority of workers are privately or self-employed, often in
agriculture. Most citizens do not live on a single
worker's earnings but share resources within extended families.
The basic legal workweek is 48 hours within a period not to exceed 6
consecutive days. A 30-minute lunch break is mandated.
Nationwide, the workweek includes 4 8-hour workdays and 2 4-hour work days
(Friday and Saturday). Government
employees are entitled to 1 month of paid annual leave after 1 year of
service. Private sector employees receive between 14 and
30 days of paid annual leave, depending on length of service.
The Labor Act specifies safety equipment that an employer must provide to
employees working in designated occupations. The
Factory Act authorizes the Ministry of Labor to regulate factory health and
safety, accident prevention, and dangerous trades
and to appoint inspectors to ensure compliance with safety standards.
Enforcement is spotty due to insufficient and inadequately
trained staff. Workers may refuse to work in dangerous situations without
risking loss of employment. They may demand
protective equipment and clothing for hazardous workplaces and have recourse
to the Labor Department.
EThomas
[end of document]
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