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U.S  Department of State

Gambia, The

Country Reports on Human Rights Practices - 2003

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 Based on Race, Sex, Disability, Language, or Social
Status
The Constitution prohibits discrimination based on race, sex, disability,
language, or social status, and the Government generally enforced these
prohibitions. There was no evidence of societal or official discrimination against
persons infected with the HIV/AIDS virus.
Women
Domestic violence, including 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 people did
not consider spousal rape a crime and failed to report it.
The practice of FGM remained widespread and entrenched. 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 16 years
old. 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. In May, the newly
established Law Enforcement Unit of the Immigration Department, in collaboration with
the Drug Squad Unit of the police, carried out an operation to rid the
greater Banjul area of petty criminals, illegal immigrants, prostitutes, and others.
Many of the foreign prostitutes arrested as a result of the operation were
subsequently deported.
There are no laws against sexual harassment. Although individual instances of
it have been noted, sexual harassment is 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.
Christian and civil marriages and divorce matters were settled by the
appropriate church and the Office of the Attorney General.
Marriages often were arranged and, depending on the ethnic group, polygyny
was practiced. 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.
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 exist.
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 must still pay school fees. 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 6.f.).
Child labor was a problem (see Section 6.d.).
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. Some societal
discrimination exists 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 no
discrimination in employment for which they physically were capable. Very few
buildings in the country were specifically accessible to persons with disabilities.
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. Approximately 30,000 workers were union members,
constituting an estimated 10 percent of the work force.
The Gambian Worker's Confederation and the Gambian Workers' Union (GWU) were
the two main independent and competing umbrella organizations. The Government
recognized both organizations.
Employers may not fire or discriminate against members of registered unions
for engaging in legal union activities, and the Government has intervened to
assist workers who have been fired or discriminated against by employers.
Unions and union confederations may affiliate internationally, and there were
no restrictions on union members' participation in international labor
activities. The GWU was a member of the International Confederation of Free Trade
Unions.
b. The Right to Organize and Bargain Collectively
The Labor Act allows workers to organize and bargain collectively. Although
trade unions were small and fragmented, collective bargaining took place. The
Joint Industrial Council Agreement (JIC), an arrangement among all of the
active trade unions and their employers that was drafted and signed by the unions,
provides guidance for union activities. 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 that were considered legal after insuring
that the agreements were in compliance with the JIC. 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). The Labor Act specifically prohibits police
officers and military personnel, as well as other civil service employees, from
striking. 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 occurred. There were no strikes
during the year.
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 Bonded Labor
The Constitution prohibits forced or bonded labor, and there were no reports
that such practices occurred. The law does not specifically prohibit forced
and bonded labor by children; however, there were no reports that such practices
occurred.
d. Status of Child Labor Practices and Minimum Age for Employment
Child labor was a problem, and the Government did not have a comprehensive
plan to combat child labor. The statutory minimum age for employment is 14
years. 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. 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. 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 level of child
prostitution (see Section 5). 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 $0.38 (12 dalasi) per
day for unskilled labor. This minimum wage was not sufficient to 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.
f. Trafficking in Persons
The law prohibits trafficking in persons; however, there were reports of
trafficking in persons. The Government does not consider trafficking in persons to
be a serious problem; however, recent reports of child prostitution (the most
prevalent aspect of trafficking) caused the Government to expand its efforts
to combat prostitution in general and child prostitution in particular. The
Government had not prosecuted anyone for trafficking by year's end.
A joint report from the Dutch NGO Terre des Hommes (TDH) and the Gambian
Child Protection Alliance (CPA) concluded that large scale "child sex tourism"
existed. The study alleged that Dutch, British, Swedish, Norwegian, German, and
Belgian tourists sexually exploited children under the pretext of improving
their conditions and giving them "opportunity". Victims were children of both
sexes, normally less 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. 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 TDH and 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. A few
citizens were trafficked to Western Europe. In addition, some Senegalese and
Bissau-Guineans reportedly were trafficked through the country to Western Europe,
mostly to Scandinavia.
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.
In 2002, President Jammeh signed the Economic Community of West African
States (ECOWAS) Plan of Action Against Trafficking in Persons for 2002-03. The
Government's coordinator for the ECOWAS Action Plan was the Department of State
for Justice, which was designated as the liaison among government agencies and
other ECOWAS countries.

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