Gambia-Lers

I am sure most of you will like to know how Human
Rights in the Gambia was reported prior to the events
of 22 July 1994. Please read US State Department
Report on the Gambia prior to Jammeh's coup.

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TITLE:  THE GAMBIA HUMAN RIGHTS PRACTICES, 1993

DATE:  JANUARY 31, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE

                      THE GAMBIA


The Gambia is a parliamentary democracy with an
elected
President and Parliament.  Except for a coup attempt
in 1981,
The Gambia has had a history of political stability
under the
leadership of its only President since independence in
1965,
Sir Dawda Jawara.  His ruling People's Progressive
Party (PPP)
has dominated the unicameral Parliament, but several
opposition
parties, as well as independent politicians,
participate in the
political process.

The Gambia police force is responsible for maintaining
law and
order.  It is firmly under civilian control.  There
have been
some reports of police beating prisoners or detainees,
but
abuse of prisoners is not systematic, and reported
incidents
are investigated swiftly, with perpetrators punished
as
appropriate.

The Gambia's population of just over 1 million
consists
largely of subsistence farmers growing rice, millet,
maize, and
groundnuts (peanuts), the country's primary export
crop.  The
private sector, led by reexporting, fisheries,
horticulture,
and tourism, has begun to flourish.

The Government has made particular efforts to promote
observance of human rights, which are constitutionally

protected and generally observed in practice.  The
primary
human rights problems include pretrial detention for
lengthy
periods, due to administrative inefficiences, and
societal
discrimination against women.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person,
Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reported political killings or
extrajudicial
killings.

     b.  Disappearance

There were no reports of disappearance.


     c.  Torture and Other Cruel, Inhuman, or
Degrading
         Treatment or Punishment

The Constitution prohibits torture and other cruel,
inhuman,
and degrading punishment.  Although there is no
systematic
abuse of prisoners or detainees, beatings of detainees
by
police or prison officials have occurred.  When they
occur,
government officials usually have responded swiftly,
investigating the incident, and, if warranted,
pressing charges.

Prison conditions are severe, even after the
Government
implemented reforms following the death of several
inmates in
1988 from beri-beri.  The press continued to report
that
inmates in local prisons received inadequate medical
care and
nutrition.  In response to the newspaper articles, the

Government commissioned a study of the health and
nutrition of
prisoners:  the nongovernmental African Centre for
Democracy
and Human Rights Studies (ACDHRS) found that medical
care and
food hygiene were unsatisfactory but that there was no

malnutrition.  The Government allows prison visits by
local Red
Cross representatives and close family members.

Recognizing that some police officers abuse citizens'
rights in
the execution of their duties, the new Inspector
General of
Police (IGP) initiated a training program to improve
the
quality of service provided by his officers and to
raise police
awareness of human rights, especially the rights of
the
accused.  The IGP also formed a community affairs unit
to
review and act on complaints about police behavior.

Parliament in April voted to abolish the use of
capital
punishment.

     d.  Arbitrary Arrest, Detention, or Exile

Based on British legal practice, well-developed
constitutional
and legal procedures govern the arrest, detention, and
public
trial of persons accused of crimes.  Under these
procedures, an
arrested person must not be held more than 24 hours
before
being presented to a magistrate or granted bail and
must be
promptly informed of charges.  A detained person must
be
brought to trial within 1 week of arrest, but this
waiting
period may be extended twice, making 21 days the
maximum period
of detention without bail before trial.  If released
on bail,
an accused person may face charges indefinitely since
there is
no maximum time limit for completing the investigation
and
bringing the case to trial.


In practice, because of overcrowded court schedules
and
administrative inefficiencies, the detention period
before
trial can be prolonged.  The press reported several
incidents
in 1993 in which arrested Gambians were denied their
rights
under the Constitution.  In one instance, the Gambian
Supreme
Court freed a man, suspected of murder but never
formally
charged, who had been detained in Mile Two Prison for
17
months.  He was subsequently rearrested and remanded
for
custody at Mile Two Prison.  In another case, the
Supreme Court
granted bail to a man charged with murder who had been
held
without trial at Mile Two Prison for almost 4 years.
A third
case came to light in which a young man had been
detained for
20 days without charge.

To help guard against a reccurence of such cases, the
Inspector
General has delegated to the arresting officer the
authority to
grant bail or order the release of an arrested person
who
cannot be charged.

As far as is known, there were no political or
security
detainees or prisoners held by the Government at
year's end.

The Government does not practice political exile.  The
leader
of the failed 1981 coup, Kukoi Samba Sanyang, remained
abroad.

     e.  Denial of Fair Public Trial

There are three kinds of law in the Gambia:  general,
customary, and Shari'a (Islamic).  Shari'a law is
observed in
Muslim marriage and divorce proceedings.  Customary
law covers
marriage and divorce for non-Muslims, inheritance,
land tenure
and utilization, local tribal government, and all
other
traditional civil and social relations.  General law,
based on
the English system but modified by Gambian practice,
governs
criminal cases and trials and most organized business
practices.  If there is a conflict between general law
and
Shari'a, general law prevails.

Appeals normally proceed from the Supreme (trial)
Court to the
Court of Appeals, the country's highest tribunal.
Judges are
appointed by the Government, but the judiciary
operates
independently and is free of government interference.

     f.  Arbitrary Interference with Privacy, Family,
Home, or
         Correspondence

The Constitution contains provisions (which are
generally
respected) against arbitrary search of person and
property.  It
does permit a search to which a suspect submits
voluntarily or
if the search is reasonably required in the interest
of
national defense or public welfare.  Under the
Criminal Code,
search warrants based on probable cause are issued by
magistrates upon application by the police.

The Code also specifies that police may conduct a
search of a
private residence while a crime is in progress.  There
are a
few checkpoints in the country where the police and
military
periodically stop and search drivers and vehicles.

The rights of family are of great importance in the
Gambia's
conservative Muslim society.  Marriage, the rearing of

children, and religious instruction are regulated
primarily by
personal preference and ethnic and religious
tradition; the
Government does not normally intrude in family
matters.  There
is no effort to censor or control personal
correspondence or
communications.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech and
press.
Ordinary citizens openly criticize government policies
during
public meetings or in private conversations.  During
the 1992
election, opposition political parties freely
criticized the
Government's record.  In 1993 a third major newspaper,
a
monthly, began publication.

There is no television in the Gambia, although
Senegalese
broadcasts can be received with standard television
antennas,
and international broadcasts can be received via
satellite
dishes, which are becoming more common.  The
government radio
station, Radio Gambia, provides the only daily local
news
coverage, which is also broadcast by the two
commercial radio
stations.  During the 1992 elections and 1993
by-elections,
opposition parties had access to Radio Gambia,
although there
were some complaints in this respect.  Foreign
magazines and
newspapers are available in the capital.  There is no
university in the Gambia.

     b.  Freedom of Peaceful Assembly and Association

The Government does not interfere with freedom of
assembly and
association, which is provided for in the
Constitution.  The
Government almost always grants permits for peaceful
assembly
but requires that these meetings be open to the
public.
Permits for assembly are issued by the police and are
not
denied for political reasons.  No organization is
currently
proscribed in the Gambia.  The law on proscribed
organizations
has been amended so that future bans will require a
judicial
decision rather than a presidential decree.  The State
must now
apply to a court for a proscription order, citing
specific
grounds for the request.

     c.  Freedom of Religion

Constitutional provisions of freedom of conscience,
thought,
and religion are observed in practice.  The State is
secular,
although Muslims constitute over 90 percent of the
population.
The schools provide instruction in the Koran for
Muslim
students.  Christians, both Catholic and Protestant,
freely
practice their religion.  There is a small Baha'i
community in
Banjul.  Missionaries are permitted to carry out their

activities freely.

     d.  Freedom of Movement Within the Country,
Foreign
         Travel, Emigration, and Repatriation

The Constitution provides for freedom of movement,
subject to
conditions protecting public safety, health, and
morals.  There
is no restriction on freedom of emigration or freedom
of
return.  Because of historic and ethnic ties with the
inhabitants of Senegal, Guinea-Bissau, Mali, Sierra
Leone, and
Mauritania, people tend to move freely across borders,
which
are poorly marked and difficult to police.

The Gambia continued to host refugees from Liberia and

Senegal.  However, during 1993 the arrival of Liberian
refugees
into the Gambia virtually ceased, and many Liberians
living in
the Gambia departed voluntarily.  At year's end, some
250
Liberians remained in The Gambia.  Refugees from
southern
Senegal's Casamance region also began returning home
in 1993,
following the July cease-fire between the Casamance
separatist
group and the Government of Senegal.  The Casamancais
refugee
population in The Gambia decreased from some 3,500 at
the
beginning of 1993 to 2,000 by the end of the year.
The Gambia
maintained its tradition of hospitality towards
refugees and
worked with the United Nations High Commissioner for
Refugees,
the Gambian Red Cross, and other nongovernmental
organizations
to provide assistance and protection to refugees.


Section 3  Respect for Political Rights:  The Right of
Citizens
           to Change Their Government

Citizens have the right to change their government
through
peaceful means.  The President and Members of
Parliament are
popularly elected, as are the district councils and
the chiefs
who exercise traditional authority in the villages and

compounds.  Presidential and parliamentary elections
are held
every 5 years.  Citizens must be at least 18 years of
age to
vote.  Balloting is secret, and measures are employed
to assure
that illiterate voters understand the choices and
voting
procedure.

A functioning multiparty system exists, even though
the
Peoples' Progressive Party (PPP) under the leadership
of
President Jawara has been in power since independence.
 All
opposition parties contest general elections, and some
contest
district elections.  In the April 1992 presidential
and
parliamentary elections, candidates from the five
political
parties as well as independent candidates campaigned
vigorously.  Observers as well as most participants
declared
the election free and fair.  President Jawara was
reelected
President, but his PPP lost six seats in Parliament.
The
overall distribution of elected parliamentary seats
was 25 for
the PPP, 6 for the National Convention Party (NCP), 2
for the
Gambian People's Party (GPP), and 3 independents.

In accordance with election law, seven defeated
parliamentary
candidates filed petitions at the Supreme Court
challenging the
results in their districts.  The Court dismissed
petitions of
two NCP candidates, but the Chief Justice heard five
petitions
from PPP candidates.  Of the five cases, the Chief
Justice
heard one in 1992, ruling against the petitioner, and
four in
1993, ruling against the petitioners in two cases and
for the
petitioners in the other two.  In the latter cases he
declared
the parliamentary seats vacant and ordered
by-elections.  In
the June by-elections, citizens overwhelmingly elected
the same
candidates they had chosen in the general election.
Again,
independent press observers deemed the elections free
and fair.

While women are represented in the political process,
there are
no women in the 14-person Cabinet, and only 4 women in
the
51-seat Parliament.


Section 4  Governmental Attitude Regarding
International and
           Nongovernmental Investigation of Alleged
Violations
           of Human Rights

In 1989 the Government established an independent,
nongovernmental organization, the African Centre for
Democracy
and Human Rights Studies (ACDHRS), to promote greater
respect
for human rights in Africa.  The Centre publishes a
newsletter
and relevant international human rights materials,
organizes
regional human rights forums and workshops, conducts
research
on human rights and democracy in Africa, and sustains
a
training and internship program for local and
international
participants.  The ACDHRS was also active in
inspecting prison
conditions in 1993 (see Section 1.c.)  There are no
other local
human rights organizations active in the Gambia.

International human rights organizations may visit to
observe
the condition of detainees and the trial process.  The
Gambia
is also home to the Organization of African Unity's
Commission
on Human and Peoples' Rights, the organization charged
with
protecting and promoting human rights in member
countries under
the African Charter on Human and Peoples' Rights.

Section 5  Discrimination Based on Race, Sex,
Religion,
           Disability, Language, or Social Status

The Constitution states that all persons in the Gambia
are
entitled to "fundamental rights and freedoms,"
regardless of
"race, place of origin, political opinions, colour,
creed, or
sex."  There is no officially sanctioned
discrimination based
on race, sex, religion, disability, language, or
social status.

     Women

Despite Constitutional provisions, women face
extensive
discrimination.  Traditional views, especially about
the role
of women in society, are changing but very slowly.
Marriages
are usually "arranged," and Muslim tradition allows
for
polygyny.  Women are disadvantaged educationally, with
females
comprising one-third of primary students and
one-fourth of high
school students.  The Government has encouraged
parents to send
their daughters to school.  The Women's Bureau in the
Office of
the Vice President conducts an ongoing campaign in
both the
rural and urban areas to make women aware of their
legal rights
in respect to divorce and custody of children,
property
matters, and in cases of assault.  It also publishes a

quarterly magazine on women's issues, which it
distributes
throughout the country.


Domestic violence, including wife beating, occurs but
is rare,
according to health officials.  Police intervene when
they
receive reports of beatings, and the authorities
prosecute when
the victim or others file complaints.  The media
covers such
court cases, reporting newsworthy incidents.

     Children

The Government of The Gambia is committed to the human
rights
and welfare of all Gambians.  Care and welfare of The
Gambia's
children are considered to be primarily familial,
rather than
governmental, responsibilities, but authorities
intervene when
cases of abuse or maltreatment of children arise and
are
reported.

Female genital mutilation (circumcision) which has
been
condemned by health experts as damaging to physical
and
psychological health, is practiced, usually at an
early age.
According to an independent expert, the percentage of
Gambian
females who have undergone this procedure may be as
high as 60
percent.  The Womens Bureau holds workshops on female
mutilation to inform women of its negative effects and
to
discuss the religious and traditional ties to the
practice.

Some young boys, known as almudos, experience severe
hardship,
deprivation, and degradation.  They are given by their
parents
to Koranic scholars to learn the Islamic holy book.
In return
for their education, they must work for their
scholars, almost
always by begging in the street.  Reports indicate
that these
boys often sleep 20 or 30 to a room, have hardly any
clothing,
eat barely enough to survive, and endure serious
health
problems.  Many are beaten by their teachers if they
do not
bring home enough money and by other adults they
encounter on
the streets.  Reports indicate that as many as 60
percent of
almudos are not Gambian.  The Government has
recognized the
problem, and the Ministry of Health and Social
Welfare,
assisted by the United Nations Children's Fund, is
conducting a
study into the plight of the almudos and other street
children
in the Gambia.  The study, begun in 1993, was still in
progress
at year's end.

     People with Disabilities

There are no statutes or regulations currently in
force
requiring accessibility for the disabled.


No legal discrimination against the physically
disabled exists
in employment, education, and other state services.
Most
severely handicapped individuals subsist through
private
charity; less severely handicapped persons 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 applies to all workers except
civil
servants.  The Act specifies that workers are free to
form
associations, including trade unions, and provides for
their
registration with the Government.  Police officers and
military
personnel, as well as other civil service employees,
are
specifically prohibited from forming unions and going
on strike.

Approximately 20 percent of the work force is employed
in the
modern wage sector of the economy, where unions are
normally
active.  The Gambian Workers' Confederation (GWC) and
the
Gambian Workers' Union (GWU) are the two main
independent and
competing umbrella organizations.  Both are recognized
by, and
have good working relationships with, the Government
but are
independent of the Government and political parties.

The Labor Act of 1990 authorizes strikes, but it
specifies that
a union must give the Commissioner of Labor 14 days'
written
notice before beginning an industrial action (28 days
for
essential services).  Retribution is not permitted
against
strikers who comply with the law regulating strikes.
However,
upon application by an employer to the Supreme Court,
that body
may prohibit an industrial action that is ruled to be
in
pursuit of a political objective.  The Court may also
forbid an
action that is in breach of a collectively agreed
procedure for
the settlement of industrial disputes that has not
been
exhausted.

Because of these provisions, government conciliation
efforts,
and the weak bargaining position of the unions, few
strikes
actually occur.  In June the Gambia suffered its only
minor
industrial action of the year.  In a wildcat action,
sanitation
workers stopped work for 24 hours because they had not
been
paid on time.  The strikers were successful in
obtaining
payment of salary arrears.


Unions exercise the right to affiliate
internationally, and
there are no restrictions on their members' ability to

participate in international activities.

     b.  The Right to Organize and Bargain
Collectively

The Labor Act of 1990 provides workers the right to
organize
and bargain collectively.  Although trade unions are
small and
fragmented, collective bargaining does take place.
Each
recognized union has specified guidelines for its
activities.
Prevailing wages exceed minimum wages and are
determined by
collective bargaining, arbitration, or market forces.
The
Labor Department registers the collective bargaining
agreements
reached between the unions and management, after
ensuring that
the agreements do not violate the Labor Act.  There
are no
reports of denial of registration.  The Act also sets
minimum
standards for contracts in the areas of hiring,
training, terms
of employment, wages, and termination of employment.
The Act
states that "any term of a contract of employment
prohibiting
an employee from becoming or remaining a member of any
trade
union or other organization representing
workers...shall be
null and void."  Employers are not permitted to fire
or
otherwise discriminate against members of legal unions
engaged
in legally permitted union activities.  Otherwise, the

Government does not interfere in the bargaining
process.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Criminal Code prohibits compulsory labor, and it
is not
practiced.

     d.  Minimum Age for Employment of Children

The minimum legal working age is 16.  There is no
compulsory
education legislation, and, because of the paucity of
secondary
school opportunities, most children complete their
formal
education by age 14 and informally enter the work
force.
Employee labor cards, which include a person's age,
are
registered with the Labor Commissioner, but
enforcement
inspections rarely take place because of lack of
funding and
inspectors.  Children at early ages perform customary
chores on
family farms or engage in street trading.


     e.  Acceptable Conditions of Work

By law, minimum wages and hours of work are determined
by six
Joint Industrial Councils (commerce, artisans,
transport, the
port industry, agriculture, and fisheries), which have

representation from employees, employers, and
government. The
lowest minimum wage is $0.95 (9 dalasi) per day for
unskilled
labor.  Minimum wages do not provide for a decent
standard of
living for a worker and his family.  Moreover, only
that 20
percent of the total labor force, i.e. those in the
wage
sector, are covered by minimum wage legislation.  The
remainder
are privately employed, chiefly in subsistence
agriculture.
Most Gambians do not live on one worker's earnings and
rely on
the extended family system, usually including some
subsistence
farming.

The standard legal workweek is 48 hours within a
period not to
exceed 6 consecutive days.  Allowance is made for
half-hour
lunch breaks.  For the private sector, the 6-day,
40-hour
workweek includes 4 8-hour days with half days on
Fridays and
Saturdays.  Government employees are entitled to 1
month's paid
annual leave after 1 year of service; private sector
employees
receive between 14 and 30 days of paid annual leave,
depending
on their length of service.

The Labor Act provides a list of occupational
categories and
specifies safety equipment that an employer must
supply to
employees working in these categories.  The Factory
Act gives
the Minister of Labor authority to regulate factory
health and
safety, accident prevention, and dangerous trades and
to
appoint inspectors to ensure compliance.  However,
enforcement
is less than fully satisfactory because there are too
few
trained inspectors.  Workers may refuse to work in
dangerous
work situations.  Workers in hazardous working
environments are
entitled to protective equipment and clothing.




[end of document]



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