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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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