Gambia, The

Country Reports on Human  Rights Practices  - _2004_
(http://www.state.gov/g/drl/rls/hrrpt/2004/)
Released by the Bureau  of Democracy, Human Rights, and Labor
February 28, 2005
The Gambia is a republic under multiparty democratic rule. President  Alhaji
Yahya A.J.J. Jammeh was re-elected for a 5-year term in 2001 in an  election
considered free and fair, despite some shortcomings. The main  opposition
coalition initially accepted the results of the presidential  elections but later
changed its position and boycotted the legislative  elections in 2002.
President Jammeh's political party, the Alliance for  Patriotic Reorientation and
Construction (APRC), won majorities in the  National Assembly and most local
councils. The multiparty opposition  remained weak, but efforts were underway to
unify them. Although the  courts have demonstrated their independence on
occasion, the judiciary,  especially at lower levels, was at times corrupt and
subject to executive  branch pressure.
The Gambian Armed Forces reports to the Secretary of State (Minister)  for
Defense, a position held by the President. The police report to the  Secretary
of State for the Interior. The National Intelligence Agency  (NIA), responsible
for protecting state security, collecting intelligence,  and conducting
covert investigations, reports directly to the President.  While civilian
authorities generally maintained effective control of the  security forces, there were
a few instances in which elements of the  security forces acted independently
of government authority. Some members  of the security forces committed human
rights abuses.
The country's market-oriented economy encouraged growth through the
development of the private sector. Much of the country's population of 1.4  million
was engaged in subsistence farming. The high population growth  rate diminished
the effects of modest economic expansion in recent years.  During the year,
per capita gross domestic product increased slightly to  $341.
The Government generally respected the human rights of its citizens;
however, there were problems in some areas. Despite some election  deficiencies,
citizens generally were able to exercise their right to  change their government
through periodic elections. Security forces  harassed or otherwise mistreated
journalists, detainees, prisoners,  opposition members and in some cases,
ordinary civilians. Arbitrary arrest  and detention were problems; and there were
reports of a case of  incommunicado detention. Prolonged pretrial detention was
a problem.  Detainees were denied fair and expeditious trials by a slow,
inefficient,  and corrupt court system. The country's only known political
prisoner was  freed in January. The Government at times infringed on citizens privacy
 rights. The Government limited freedom of speech and of the press by
intimidation and restrictive legislation. Some journalists practiced
self-censorship. The Government generally did not restrict freedom of  assembly. Violence
and discrimination against women were problems. The  practice of female genital
mutilation (FGM) remained widespread and  entrenched. Child labor persisted,
mainly on family farms, and there were  reports of child prostitution and
sexual exploitation. There were reports  of trafficking.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom  From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports of the arbitrary or unlawful deprivation of life
committed by the Government or its agents.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or  Punishment
The Constitution prohibits such practices; however, there were reports  that
security forces, notably soldiers acting outside the chain of  command, beat
persons and mistreated civilians. There were occasional  reports of torture
(see Section 2.a.).
The Indemnity Act stipulates that "the President may, for the purpose  of
promoting reconciliation in an appropriate case, indemnify any person  he may
determine, for any act, matter or omission to act, or things done  or purported
to have been done during any unlawful assembly, public  disturbance, riotous
situation or period of public emergency." This law  continued to prevent victims
from seeking redress in some cases. The army  requested that victims file
formal complaints so that the cases could be  investigated; however, there were
no known prosecutions in civil courts of  soldiers accused of torturing
individuals during the year.
On January 28, soldiers shot and injured a driver at a checkpoint. The
police reported that the driver failed to stop for a routine check and  that the
soldiers fired warning shots into the air, then fired at the  vehicle shooting
the driver in the shoulder. No action was taken against  those responsible by
year's end.
On June 23, soldiers playing for the Armed Forces football team beat  and
handcuffed their rivals' head coach over accusations of unfairness by  the
referee.
On October 3, according to the press, a soldier severely beat a 20-year
old-woman unconscious. The woman claimed that the soldier beat her for  failing to
greet him and other soldiers. The soldier who was involved  immediately was
detained while the Military Police investigated the  matter. There were no
developments in the investigation at year's end.
On October 17, a soldier escorting the Vice President's convoy shot at  a
motorist for "failing to make way for the convoy" after a delayed  vehicle,
carrying some soldiers, drove up behind him. A Armed Forces  spokesman confirmed
the incident and said the matter was under  investigation. There were no
developments in the investigation at year's  end.
In the following 2003 cases, the soldiers involved were charged, fined,
and/or reprimanded by military authorities: The March beating of Karamo  Marong,
the April beating and detainment of Lamin Cham and Ebrima Ceesay,  and the
beating of Hassan Jobe, the Chief of the Sanchaba Sulay Jobe  village, and members
of his family.
Prison conditions at Mile 2, Janjanbureh, and Jeshwang prisons  generally met
international standards, and the Government permitted visits  by independent
human rights observers. However, an opposition politician,  Lamin Waa Juwara,
who was held spent 6 months at Mile 2 Central Prison,  criticized the poor
diet given to the inmates.
Local jails continued to experience overcrowding. Inmates, including
detainees awaiting trial, occasionally had to sleep on the floor; they  were provided
with mats or blankets. Prison guards were reluctant to  intervene in fights
between prisoners, and some of the prisoners were  injured.
Women were held separately from men. Juveniles were held separately  from
adults, and pretrial detainees were held separately from convicted  prisoners.
There was no separate section or facility for political  prisoners.
The Government permitted independent monitoring of prison conditions by
local and international human rights groups.
d. Arbitrary Arrest or Detention
The Constitution prohibits arbitrary arrest and detention; however,  police
and security forces at times arbitrarily arrested and detained  citizens.
Periods of detention generally ranged from a few hours to 72  hours, the legal
limit after which detainees must be charged or released.
The police served under the Secretary of State for the Interior. The  police
generally were corrupt and on occasion acted with impunity and  defied court
orders.
The law requires that authorities obtain a warrant before arresting a
person; however, on occasion individuals were arrested without a warrant.  Detainees
generally were permitted prompt access to family members and  legal counsel.
The Government has not formally revoked military decrees enacted prior  to
the Constitution that give the NIA and the Secretary of State for the  Interior
broad power to detain individuals indefinitely without charge "in  the
interest of national security." The Constitution provides that decrees  remain in
effect unless inconsistent with constitutional provisions. These  detention
decrees appeared to be inconsistent with the Constitution, but  they have not been
subject to judicial challenge. The Government stated  that it no longer
enforced these decrees; however, in some instances, the  Government did not respect
the constitutional requirement that detainees  be brought before a court
within 72 hours. Detainees often were released  after 72 hours and instructed to
report to the police station or NIA  headquarters periodically until their case
went to trial.
During the year, there were cases of detentions that exceeded the  72-hour
limit. Former National Assembly Majority Leader Baba Jobe, who was  standing
trial on charges of economic crimes, and several of his  associates, were
detained at various police stations in the country  between 3 weeks and 2 months
without charge. There were reports that,  during part of his detention at the
Police Training School, Baba Jobe was  held incommunicado.
In October, three senior government officials were dismissed from their  jobs
for various reasons and detained for more than 72 hours. On October  13,
Andrew Sylva was arrested and held for 8 days at the Mile 2 central  prison and at
the Serious Crime Unit at police Headquarters. Sylva had  testified before
the Anti-Corruption Commission of Inquiry that President  Jammeh had taken a
government-owned generator from a government-owned  hotel for use at his private
residence. On October 21, he was charged with  perjury and granted bail. The
trial was in progress at year's end.
On October 13, Tamsir Jasseh, the former Director of Immigration, was
arrested and held for 5 days before being released without charge.
On October 15, Adama Deen, the former Managing Director of the Ports
Authority, was arrested and held for 6 days. There were no charges brought  against
Deen by year's end.
In November, Kawsu Gibba, National Assembly Member for Foni Kansala;  Momodou
Lamin Nyassi, Chief of the same district; and seven others were  arrested and
accused of allegedly selling part of President Jammeh's  supposed Ramadan
gift of rice and sugar to the people of Foni Kansala.  They were detained for
more than 72 hours at the Serious Crime Unit and at  Mile 2 Central Prison. On
December 22, the charges were dropped.
There was a functioning bail system. However, on several occasions, the
courts released accused offenders on bail, while the police or other law
enforcement agencies rearrested the offenders upon their leaving the  court. In
November, police ignored a granting of bail in the case of  businessman Momodou
Jobe. Security guards at the State House arrested Jobe  shortly after an audience
with the President and took him to prison. He  was held for several days
before being brought to court to face charges of  robbery and fraud. After
Magistrate Mboto set Jobe free on bail, police  re-arrested Jobe as he left the
courthouse. There were no developments in  this case by year's end.
Security forces at times briefly detained journalists and persons who
publicly criticized the Government or who expressed views in disagreement  with the
Government (see Section 2.a.).
On July 30, the high court acquitted Momodou Ousman Saho (known as  Dumo),
Ebrima Yarbo, and Ebrima Barrow of treason. They were the last of  six persons,
including two military officers, who were accused of plotting  to harm the
President and overthrow the Government.
The slow pace of the justice system resulted in detainees waiting long
periods in pretrial detention. Approximately 40 of Mile 2 Prison's 230  inmates
were in detention pending trial. Some have been incarcerated for  more than 4
years without trial.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary; however, in
practice, the courts, especially at the lower levels, were corrupt and  subject to
executive branch pressure at times. Nevertheless, the courts  demonstrated
independence on several occasions, including in significant  cases.
The Constitution provides for a fair trial; however, the judicial  system
suffered from corruption, particularly at the lower levels, and  from
inefficiency at all levels. Many cases were not heard for months or  years because the
court system was overburdened and lacked the capacity to  handle the high volume
of cases. To alleviate the backlog and reduce the  possibility of undue
influence and corruption, the Government continued to  recruit judges and
magistrates from other Commonwealth countries who share  a similar legal system. The
Attorney General oversees the hiring of  foreign judges on contract. The
Government reserves the right not to renew  a judge's contract. Foreign judges were
generally less susceptible to  corruption and executive branch pressure.
Despite these steps, corruption  in the legal system persisted.
The judicial system is composed of the Supreme Court, the Court of  Appeal,
high courts, and eight magistrate courts. Village chiefs presided  over local
courts at the village level.
Trials are public, and defendants have the right to an attorney at  their own
expense. Defendants are presumed innocent, have the right to  confront
witnesses and evidence against them, present witnesses on their  own behalf, and
appeal judgment to a higher court.
The judicial system recognizes customary, Shari'a (Islamic law), and  general
law. Customary law covers marriage and divorce for non-Muslims,  inheritance,
land tenure, tribal and clan leadership, and other  traditional and social
relations. Shari'a was observed primarily in Muslim  marriage and divorce
matters; it favored men in its provisions (see  Section 5). General law, following
the British model, applied to felonies  and misdemeanors in urban areas and to
the formal business sector.
Persons have been held for extended periods pending trial (see Section
1.d.).
The trial involving the leader of opposition United Democratic Party  (UDP),
Lawyer Ousainou Darboe, and four others charged with the murder of  ruling
APRC party supporter Alieu Njie in 2000 began during the year. It  was ongoing at
year's end.
On January 26, the only known political prisoner, Lieutenant Sana  Sabally,
was freed from prison after completing a 9-year jail term for  allegedly
conspiring to assassinate the President in 1995.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution prohibits such abuses; although the Government  generally
respected these prohibitions, there were some exceptions. The  Government has
not repealed Decree 45, which abrogates constitutional  safeguards against
arbitrary search and permits search and seizure of  property without due process.
This decree formally remained in effect,  pending a judicial finding that it is
unconstitutional; however, in  practice, the Government did not use it. In
some instances, security  forces forcibly entered homes to arrest citizens
without warrants.
Observers believed the Government monitored citizens engaged in  activities
that it deemed objectionable.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press; however,  the
Government limited these rights by intimidation and restrictive  legislation.
Journalists practiced a degree of self-censorship. The  Government did not
restrict academic freedom.
On occasion, security forces detained persons who publicly criticized  or who
expressed views in disagreement with the Government. For example,  Lamin Waa
Juwara, leader the National Democratic Action Movement (NDAM)  spent 6 months
in jail after being convicted of sedition for views  expressed in a newspaper
interview in September 2003, in which he  allegedly called for a public
protest against the Government. On June 25,  Juwara was released.
On July 1, Brikama Police arrested Seedy Fanneh of Brikama Madina and
charged him with insulting the President. Fanneh accused the police of  torture and
showed a newspaper journalist signs of a severe beating on his  back. Fanneh's
trial was in progress at the Brikama Magistrate Court at  year's end.
The Government published one newspaper, The Gambia Daily. The Daily
Observer, although privately owned, tended to favor the Government in its  coverage.
There were four other independent newspapers, including one  published by an
opposition political party. There was one independent  weekly magazine.
The Government generally did not restrict the publication, importation,  or
distribution of written material. English, French, and other foreign
newspapers and magazines were available.
During the year, one government-owned and four private radio stations
broadcast throughout the country. There were at least two independent  radio
stations. Local stations rebroadcast the British Broadcasting  Corporation, Radio
France Internationale, the Voice of America, and other  foreign news reports, and
all were available via short-wave radio. Both  the government-owned GRTS
television and foreign cable and satellite  television channels were available in
many parts of the country. The  Government allowed unrestricted access to
satellite television, and  residents who could afford to do so received
independent news coverage via  a satellite dish or antenna.
Citizen FM, known in the past for its civic education and political
programming, remained closed at year's end.
During most of the year, government-owned television and radio gave  very
limited coverage to opposition activities, but some statements by  opposition
parliamentarians in the National Assembly were reported.
During the year, the Government detained, questioned, and otherwise  harassed
journalists and editors of newspapers that published articles it  considered
inaccurate or sensitive. For example, on February 2, Alhaji  Yorro Jallow, the
managing editor of The Independent newspaper, and  editor-in-chief Abdoulie
Sey, were arrested and questioned for several  hours regarding a story on the
ownership of the Kairaba Beach Hotel and  Resort.
There were other attacks and threats on the independent media during  the
year, although these have not been definitively attributed to the  Government or
the security forces. For example, on April 13, six  unidentified persons
illegally entered the offices of The Independent  newspaper in Kanifing and burned
the newspaper's new printing press. The  Government criticized the attack and
launched an investigation. In August,  the leader of the opposition National
Reconciliation Party, Hamat Bah,  told the National Assembly that he had
information that two officers of  the National Guard were among those who attacked
The Independent. The  police condemned Bah for making such statements in the
National Assembly,  and stated that the investigation was underway. There were
no developments  in the investigation by year's end.
On August 12, the President of the Gambia Press Union, Demba A. Jawo,
received an anonymous threat at his house warning him about his critical  writing
against President Jammeh and the APRC Government. The letter  promised to teach
a lesson to journalists who persisted in their negative  reporting about the
Government. There were no further actions at year's  end.
On August 15, unidentified persons set the house of BBC stringer Ebrima
Sillah on fire; Sillah escaped unharmed. The Government condemned the  arson
attack and appealed to members of the public who may have  information that could
lead to the arrest of the attackers to work with  the security forces. Police
were not able to identify the arsonists by  year's end.
On December 16, an unidentified assailant shot and killed journalist  and
newspaper publisher of The Point, Deyda Hydara. Two female members of  Hydara's
staff also were injured. The Government condemned the attack and  promised to
bring the culprits to justice. There were no developments by  year's end.
The National Media Commission was a state-appointed committee with the  power
to license and register journalists and force them to disclose their  sources
of information. On two occasions, the Government extended the  deadline for
all journalists and media houses to register or face closure  by 90 days to
allow the Department of State for Justice time to study the  media chief's
proposed amendments to the law.
On December 13, the National Assembly repealed the 2002 National Media
Commission Act as well as the clause in the Constitution that provided for  the
establishment of the Commission. However, on the same day, the  Assembly passed
an amendment to the Newspaper Act requiring independent  journalists and
broadcasting outlets to establish their own code of  conduct and a regulatory body
to enforce it. The amendment increased the  bond deposited by nongovernment
newspaper publishers and managers of  broadcasting institutions from $3,448
(100,000 dalasi) to $17,240 (500,000  dalasi). On December 14, the Assembly passed
amendments to the Criminal  Code that broadened the definition of libel and
imposed mandatory prison  sentences of 6 months to 3 years for offenders without
the option of a  fine. By year's end, President Jammeh had not signed these
bills into law.
Although the nongovernment press practiced a degree of self censorship,  the
press frequently voiced strong, direct criticism of the Government,  and
opposition views regularly appeared in the independent press.
The Government did not restrict Internet access.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly, and the Government
generally respected this right in practice. However, on December 22, the  Government
restricted others from joining journalists who participated in  a
demonstration held in response to the killing of journalist Deyda Hydara  (see Section
2.a.). The Government further discouraged members of the  public from joining
the march by positioning National Guard soldiers along  the demonstration route
in Banjul.
The Constitution provides for freedom of association, and the  Government
generally respected this right in practice. The AFPRC's Decree  81 requires
nongovernmental organizations (NGOs) to register with the  National Advisory
Council, which has the authority to deny, suspend, or  cancel the right of any NGO
to operate, including that of international  NGOs. The Government did not take
action against any NGOs during the year.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
generally respected this right in practice.
For a more detailed discussion, see the _2004 International  Religious
Freedom Report_ (http://www.state.gov/g/drl/rls/irf/2004/) .
d. Freedom of Movement Within the Country, Foreign Travel, Emigration,  and
Repatriation
The Constitution provides for these rights but allows for "reasonable
restrictions," which the Government at times enforced. The Government  prohibited
those under investigation for corruption or security matters  from leaving the
country.
The Constitution prohibits forced exile, and the Government did not use  it.
The Constitution provides for the granting of asylum or refugee status  in
accordance with the 1951 U.N. Convention relating to the Status of  Refugees,
the 1967 Protocol Relating to the Status of Refugees, and the  Organization of
African Union's Convention Governing the Specific Aspects  of Refugee Problems
in Africa, and the Government has established a system  for providing such
protection. In practice, the Government provided  protection against refoulement,
the return of persons to a country where  they feared persecution, and
granted refugee status or asylum. The  Government cooperated with the office of the
U.N. High Commissioner for  Refugees and other humanitarian organizations in
assisting refugees and  asylum seekers. The country hosted approximately 600
Senegalese refugees  from the troubled Casamance region, as well as
approximately 1,500  additional refugees from the Republic of the Congo, the Democratic
Republic of the Congo, Eritrea, Ethiopia, and Liberia.
The Government also provided temporary protection to individuals who  may not
qualify as refugees under the 1951 Convention/1967 Protocol.
Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government
The Constitution provides citizens with the right to change their  Government
peacefully, and citizens exercised this right in practice  through periodic,
free, and fair elections held on the basis of universal  suffrage. The
Constitution provides for the democratic elections of the  President and National
Assembly every 5 years. The APRC remained the  dominant political party.
International observers described the 2001 presidential electoral  process as
generally free and fair, despite some shortcomings. President  Jammeh won
approximately 53 percent of the vote. The opposition political  parties initially
conceded the elections but then accused the Government  of bribing voters and
issuing threats, both explicit and veiled, against  individuals and
communities that did not support the incumbent. Observers  agreed there probably were
some irregularities in the registration process  but on a much smaller scale
than the UDP/ People's Progressive Party  (PPP)/ Gambia People's Party coalition
alleged. The post-election period  was marred when Jammeh fired more than 20
village heads and civil servants  who had not expressed public support for him
during the campaign or who  had been accused of corruption or incompetence;
security forces also  arrested and detained many opposition supporters
throughout the  country.
The major opposition coalition boycotted the 2002 National Assembly
elections accusing the Independent Electoral Commission of allowing  fraudulent voter
registrations and mismanaging both the presidential and  legislative
elections. The boycott was criticized widely as unjustified  and as an inappropriate
response to the alleged fraud and left many of the  opposition's own candidates
unfunded and unsupported during the elections.  The APRC won the majority for
the National Assembly. The People Democratic  Organization for Independence
and Socialism (PDOIS) won two seats and the  National Reconciliation Party won
one seat. The President appointed 4  members of his own party and 1 former
opposition presidential candidate to  the 48-member National Assembly.
Throughout the year, there were efforts to bring together the five main
opposition parties: NDAM, National Reconciliation Party (NRP), PDOIS, PPP,  and
UDP in a coalition to contest the 2006 presidential elections. At  year's end,
the parties said they had reached an agreement.
In July, while negotiations on the proposed coalition were still in
progress, the parties involved backed the UDP candidate in the Jarra West
by-election, who went on to win the National Assembly seat left vacant  after the
conviction of the former Majority Leader.
Corruption was a serious problem. In October 2003, the President  launched an
anti-corruption program, "Operation No Compromise," to rid the  government
system of corruption and help restore the confidence of the  international
community. A number of once influential government officials  and businesspersons
have been affected by the campaign. Immediately  following the start of the
campaign, the Government ended open speculation  on the national currency by
black-market foreign exchange dealers.
On March 29, the former majority leader of the National Assembly, and a  very
influential figure within the ruling party, Baba Jobe, was sentenced  to 9
years and 8 months' imprisonment and ordered to reimburse the Port  Authority $3
million (91.1 million dalasi) for economic crimes stemming  from corruption
(see Section 1.d.).
On July 1, the President established a Commission of Inquiry to  investigate
the assets and properties of all senior public officials who  served his
administration over the past 10 years, including ministers,  permanent secretaries,
central bank and customs officials, as well as  senior intelligence and
military officers. By year's end, the commission  was still sitting.
On July 16, the President appointed a special commission of inquiry to
investigate alleged corruption surrounding a $3 million fiber optic cable  deal by
the national telecommunications company GAMTEL. At year's end, the  commission
was still sitting.
During the year, a number of senior government officials also lost  their
jobs, some of them for suspected corrupt practices.
In October 2003, the Director General of the Civil Aviation Authority,  his
deputy, and the Director of Finance, were dismissed for alleged misuse  of
funds. Also, several senior officials of the Central Bank, including  the Foreign
Exchange Manager, were removed from their positions over  allegations of
fraud, especially in foreign currency transactions.
The law does not provide for public access to government information.  Under
Official Secrets Act, civil servants are not allowed to divulge  information
about their department or even to speak to the press without  prior clearance
with their head of department. In some cases, journalists  from certain
independent newspapers have been refused access to public  events, apparently because
of the dislike by certain government officials  of their editorial stance.
There were 6 women in the 48-seat National Assembly; 3 were elected, 4  were
appointed by the President. There were 3 women in the 15-member  Cabinet,
including the Vice President. In July, as reported in the local  media, the
President relieved one woman, Ramzia Diab, of her appointed  National Assembly seat
for her open support of ousted Majority leader Baba  Jobe and replaced her
with a man.
There were no statistics available on the percentage of minorities who
compose the legislature or the cabinet. President Jammeh and some members  of his
administration were from the previously marginalized minority Jola  ethnic
group.
Section 4 Governmental Attitude Regarding International and  Nongovernmental
Investigation of Alleged Violations of Human Rights
A number of domestic and international human rights groups generally
operated without government restriction, investigating and publishing  their findings
on human rights cases. Government officials were somewhat  cooperative and
responsive to their views.
Section 5 Discrimination, Societal Abuses, and Trafficking In  Persons
The Constitution prohibits discrimination based on race, religion, sex,
disability, language, or social status, and the Government generally  enforced
these prohibitions.
Women
Domestic violence, including spousal abuse, was a problem. It was  reported
occasionally, and its occurrence was believed to be common.  Police considered
these incidents to be domestic issues outside of their  ordinary jurisdiction.
Rape, spousal rape, and assault are crimes under  the law; rape was not
common. The law against spousal rape was difficult  to enforce effectively, as many
did not consider spousal rape a crime and  failed to report it.
The practice of FGM remained widespread and entrenched, although there  were
efforts by several NGOs to discourage the practice through public  education.
Between 60 and 90 percent of women have undergone FGM.  Approximately seven of
the nine major ethnic groups practiced FGM at ages  varying from shortly
after birth until age 16. FGM was less frequent among  the educated and urban
segments of those groups. There were unconfirmed  reports of incidences of health
related complications, including deaths,  associated with the practice of FGM;
however, no accurate statistics were  available. The Government publicly
supported efforts to eradicate FGM and  discouraged it through health education;
however, authorities have not  passed legislation against FGM, which was not
considered a criminal act.  President Jammeh stated that the Government would
not impose a ban on FGM,  but his administration worked to convince traditional
village leaders to  abandon the practice. Practitioners of FGM and other types
of circumcision  in the country believed that Islam mandates it; however, at
least one  influential imam declared that Islam forbids such harmful customs.
Prostitution is illegal but was a problem, especially in the tourist  areas.
The Government expelled numerous foreign prostitutes. The 2003  Tourism
Offences Act was passed to deal with increasing incidents of  tourism-related
offences, including sex tourism. The Act prohibits child  prostitution, trafficking
and pornography.
There are no laws against sexual harassment. Although individual  instances
have been noted, sexual harassment was not believed to be  widespread.
Traditional views of women's roles resulted in extensive societal
discrimination in education and employment. Employment in the formal  sector was open to
women at the same salary rates as men. No statutory  discrimination existed
in other kinds of employment; however, women  generally were employed in such
places as food vending or subsistence  farming.
Shari'a law is applied in divorce and inheritance matters for Muslims,  who
make up more than 90 percent of the population. Women normally  received a
lower proportion of assets distributed through inheritance than  did male
relatives. The appropriate church and the Office of the Attorney  General settled
Christian and civil marriage and divorce matters.
Marriages often were arranged and, depending on the ethnic group,  polygyny
was practiced. Women in polygynous unions have property and other  rights ar
ising from the marriage. They have the option to divorce but not  a legal right
to approve or be notified in advance of subsequent  marriages.
The Department of Women's Affairs, under the direction of the Vice
President, oversees programs to ensure the legal rights of women. Active  women's
rights groups existed.
Children
The Government was committed to children's welfare. The Department of
Education and the Department of Health and Social Welfare were the two  most
generously funded government departments; however, lack of resources  limited state
provision of both education and health services.
The Constitution mandates free, compulsory primary education up to 8  years
of age, but the state of the educational infrastructure prevented  effective
compulsory education, and children still must pay school fees.  The Government
estimated that in 2000, 60 percent of children were  enrolled in primary
school. Girls constituted approximately 40 percent of  primary school students and
roughly one-third of high school students. The  enrollment of girls was low,
particularly in rural areas where a  combination of poverty and socio-cultural
factors influenced parents'  decisions not to send girls to school. The
Government implemented a  countrywide program to pay school fees for all girls.
Authorities generally intervened when cases of child abuse or  mistreatment
were brought to their attention; however, there was no  societal pattern of
abuse against children. 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, which can be
as early as 12 years of age). Incest  also is illegal. These laws generally
were enforced. Serious cases of  abuse and violence against children were
subject to criminal  penalties.
FGM was performed primarily on young girls (see Section 5, Women).  There
were no developments in the 2002 case of forcible circumcision of a  13-year-old
girl in Tanji village.
Trafficking of children for prostitution was a problem (see Section 5,
Trafficking).
Child labor was a problem (see Section 6.d.).
The Child Protection Alliance (CPA), a consortium of various  organizations
(national and international) that promote the protection of  children from
abuse, conducted countrywide workshops for teachers on  alternatives to corporal
punishments, and awareness campaigns against  sexual exploitation of children
for community and religious leaders. In  September, it held a 1-week police
training on combating child sexual  abuse and exploitation in travel and tourism
for security officers.
Trafficking in Persons
The law does not comprehensively prohibit trafficking in persons, and
trafficking occurred. The Government considered trafficking in persons to  be a
serious problem, initiated anti-trafficking legislation, and  established a
multi-agency trafficking in persons taskforce. The  Government had not prosecuted
anyone for trafficking by year's end.
In January, a joint UNICEF-government study reported that children  engaged
in prostitution in the main tourist resort areas were  predominantly underage,
some as young as 12. The report stated that the  country has become an
attraction for suspected or convicted European  pedophiles that entered the country
as tourists and committed their crimes  against children silently and with
impunity. Victims of trafficking were  children of both sexes, normally younger
than 16 to 18 years old, and  included both citizens and immigrants or refugees
from Sierra Leone,  Liberia, Senegal, and Guinea-Bissau. The foreign children
were war  migrants without proper family support.
Some child prostitution victims stated they worked to support their
families, or because they were orphans and their guardian/procurer  supported them.
The guardian/procurer often assumed the role of the  African uncle, allowing the
children to live in his compound with their  younger siblings or paying
school fees on their behalf in return for their  servitude.
The country was a destination for trafficking victims. The number of
persons, mostly children, trafficked for commercial sexual exploitation  was small
but growing. In February, the authorities rescued approximately  30 Ghanaian
children trafficked for commercial labor and as domestic  servants. Twelve of the
children were sent back to Ghana, but the rest  were returned to their
biological parents in the country with whom they  lived. The parents of the children
may or may not have been themselves  victims of trafficking. Most trafficking
victims became prostitutes and  beggars; a few became domestic servants.
Trafficking victims mostly came  from conflict-ravaged countries, such as Liberia
and Sierra Leone. Victims  from Senegal, Guinea Bissau, and Sierra Leone told
CPA that foreign  residents obtained permission from their home country
families to employ  them as bar waitresses or domestic maids. After their arrival,
the local  employers informed them their duties entailed commercial sex work.
The country was also a point of origin and transit for trafficking. In
previous years, there were reports of a few citizens being trafficked to  Western
Europe, as well as some Senegalese and Bissau-Guineans reportedly  trafficked
through the country to Western Europe, mostly to Scandinavia;  however, there
were no such reports during the year.
There was no evidence of government involvement at any level in  trafficking
in persons.
The Government had no established victim care and health facilities for
trafficked persons; however, the Government provided temporary shelter and  access
to medical and psychological services to reported victims of  trafficking.
The Government's Task Force on Trafficking in Persons consisted of  members
that represented various government agencies including  Immigration, Police,
National Intelligence Agency, Justice, Foreign  Affairs, Social Welfare, and
Trade and Industry as well as UNICEF, the  National Assembly, and the CPA.
Persons with Disabilities
There were no statutes or regulations requiring accessibility for  persons
with disabilities. No legal discrimination against persons with  physical
disabilities existed in employment, education, or other state  services; however,
some societal discrimination existed towards those with  disabilities. Persons
with severe disabilities subsisted primarily through  private charity. Persons
with less severe disabilities were accepted fully  in society, and they
encountered little discrimination in employment for  which they physically were
capable. Very few buildings in the country were  specifically accessible to
persons with disabilities.
Other Societal Abuses and Discrimination
There was evidence of societal discrimination against persons infected  with
the HIV/AIDS virus. Stigma and discrimination hindered disclosure and  led to
rejection from partners and relatives. In some cases, persons  infected with
HIV/AIDS were prevented from meeting visitors.
The Government committed itself to protecting the rights of persons  living
with HIV/AIDS by developing a 5-year National Strategic Plan that  includes the
provision of care, treatment, and support to persons living  with, or
affected by, HIV/AIDS.
Section 6 Worker Rights
a. The Right of Association
The Labor Act, which applies to all workers except civil servants,  specifies
that workers are free to form associations, including trade  unions, and
workers exercised this right in practice. Unions must register  to be recognized,
and there were no cases where registration was denied to  a union that applied
for it. The Labor Act specifically prohibits police  officers and military
personnel, as well as other civil service employees,  from forming unions.
Approximately 20 percent of the work force was  employed in the modern wage sector,
where unions were most active.
In February, the International Confederation of Free Trade Unions  issued a
report alleging that the Government had not implemented the eight
International Labor Organization conventions known as "core labor rights"  and criticized t
he Government for prohibiting civil servants from forming  unions. The
Government responded that it is updating the Labor Act to  incorporate the ILO
conventions; however, no new labor legislation was in  place at year's end.
Employers may not fire or discriminate against members of registered  unions
for engaging in legal union activities, and the Government  intervened to
assist workers who were fired or discriminated against by  employers.
b. The Right to Organize and Bargain Collectively
The Labor Act allows workers to organize and bargain collectively, and
although trade unions were small and fragmented, collective bargaining  took place.
Unions were able to negotiate without government interference;  however, in
practice, the unions lacked experience, organization, and  professionalism, and
often turned to the Government for assistance in  negotiations. Union
members' wages, which generally exceeded legal  minimums, were determined by
collective bargaining, arbitration, or  agreements reached between unions and
management. The act also sets  minimum contract standards for hiring, training, terms
of employment, and  provides that contracts may not prohibit union membership.

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); however, because of  certain provisions of the
Labor Act and the weakness of unions, few  strikes occurred. There were no
strikes during the year. The Labor Act  specifically prohibits police officers
and military personnel, as well as  other civil service employees, from
striking. 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. It prohibits retribution against
strikers who comply with the law regulating strikes.
In April, the Government introduced two Industrial Tribunals in Banjul  and
Kanifing to handle all labor related disputes and claims arising out  of work.
The tribunals are provided for in the Labor Act but had never  been
established.
There is a government-established export-processing zone (EPZ) at the  port
of Banjul and the adjacent bonded warehouses. The Labor Code covers  workers in
the EPZs, and they were afforded the same rights as workers  elsewhere in the
economy.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, including by children;
however, there were reports that such practices occurred (see Section  5).
d. Prohibition of Child Labor and Minimum Age for Employment
The statutory minimum age for employment is 14 years; however, child  labor
was a problem. There was no effective compulsory education, and  because of
limited secondary school openings, most children completed  formal education by
the age of 14 and then began work. Child labor  protection does not extend to
youth performing customary chores on family  farms or engaged in petty trading.
In rural areas, most children assisted  their families in farming and
housework. In urban areas, many children  worked as street vendors or taxi and bus
assistants. There were a few  instances of children begging on the street. The
tourist industry  stimulated a low, but growing level of child prostitution
(see Section 5).  Employee labor cards, which include a person's age, were
registered with  the Labor Commissioner, who was authorized to enforce child labor
laws;  however, enforcement inspections rarely took place. The Department of
Labor under the Department of State for Trade and Employment was  responsible
for implementing the provisions of the ILO Convention 182 on  the worst forms
of child labor; however, the Government generally was  ineffective in enforcing
those provisions.
e. Acceptable Conditions of Work
Minimum wages and working hours were established by law through six  joint
industrial councils, comprised of representatives from labor,  management, and
the Government. The lowest minimum wage was approximately  $0.41 (12 dalasi)
per day for unskilled labor. The national minimum wage  did not provide a decent
standard of living for a worker and family. The  minimum wage law covers only
20 percent of the labor force, essentially  those workers in the formal
economic sector. A majority of workers were  employed privately or were
self-employed, often in agriculture. Most  citizens did not live on a single worker's
earnings and shared resources  within extended families.
The basic legal workweek was 48 hours within a period not to exceed 6
consecutive days. Nationwide, the workweek included four 8-hour workdays  and two
4-hour workdays (Friday and Saturday). A 30-minute lunch break was  mandated.
Government employees were entitled to 1 month of paid annual  leave after 1 year
of service. Private sector employees received 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
Department of Labor to regulate factory health and safety, accident  prevention,
and dangerous trades, and to appoint inspectors to ensure  compliance with
safety standards. Enforcement was inconsistent due to  insufficient and
inadequately trained staff. Workers may demand protective  equipment and clothing for
hazardous workplaces and have recourse to the  Labor Department. The law
provides that workers may refuse to work in  dangerous situations without risking
loss of employment; however, in  practice workers who do so risk loss of
employment.
The law protects foreign workers employed by the Government; however,  it
only provides protection for privately employed foreigners if they have  a
current valid work permit. Illegal foreign workers without valid work  permits do
not enjoy protections under the law. Legal foreign workers may  join local
unions.

This  site is managed by the Bureau of Public Affairs, U.S. Department of
State.
External links to other Internet sites should not be construed  as an
endorsement of the views or privacy policies contained  therein.
_Copyright  Information_ (http://www.state.gov/r/pa/ei/rls/dos/3797.htm)  |
_Disclaimers_ (http://www.state.gov/r/pa/ei/rls/dos/413.htm)

¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html

To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤