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Title: The Gambia Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
THE GAMBIA
The Gambia is controlled by a military government, the Armed Forces
Provisional Ruling Council (AFPRC), which seized power in a coup d'etat
in 1994. The AFPRC deposed the democratically elected government of Sir
Dawda Jawara. Captain Yahya A.J.J. Jammeh, chairman of the AFPRC,
remained Head of State throughout 1995. Under Jammeh, the main
decisionmaking organization is the military-controlled AFPRC. It rules
by decree and declares its decrees exempt from legal challenge.
The Gambia National Army (GNA) reports to the Minister of Defense. The
police report to the Minister of Interior. The National Intelligence
Agency (NIA), established in June by government decree, reports directly
to the AFPRC but is otherwise autonomous. The AFPRC and others were
responsible for numerous serious human rights abuses.
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, contracted
continuously since the 1994 coup. Cuts in international economic
assistance have worsened the economic decline.
The Government's poor human rights record worsened during the year as
the coup leaders continued to commit widespread and repeated human
rights abuses. Citizens do not have the right to change their
government. The AFPRC also arrested and detained senior government
officials and members of the press. It held detainees incommunicado and
did not acknowledge their detentions, detained armed forces and police
personnel without charge, banned political parties, curbed political
activities, publications, and other communications, intimidated the
press, dissolved local governments, and revoked rights to travel and
transfer funds or assets for senior officials of the former Jawara
government. The courts have traditionally been subject to a certain
degree of executive influence. AFPRC decrees have abrogated due process
and allowed the Government to search, seize, and detain without warrant
or legal proceedings. The AFPRC ordered the arbitrary arrest, firing,
and retirement of government officials and civil service employees loyal
to the previous government. Security forces have tortured detainees.
Discrimination against women persists. While health professionals have
focused greater attention on the dangers of female genital mutilation
(FGM), this practice is widespread and entrenched.
The AFPRC shortened the transition schedule for return to a democratic,
civilian government from 4 years to 2 years because of pressure from the
international community, concerns over the collapse of tourism and other
business activity, and in response to expressions of Gambian political
views. It repeatedly denied its intention to stay in power and,
although delayed, has proceeded with the transition timetable. The
National Consultative Commission has completed its work. Despite harsh
press intimidation, a relatively free, outspoken press still exists.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
Former Minister of Interior Sadibou Haidara, arrested in an alleged
countercoup January 27, died June 3 in prison. Although the AFPRC
attributed his death to preexisting high blood pressure, Haidara's death
is widely believed to have resulted from intentional mistreatment by
prison authorities. While an autopsy was performed, the results were
not made public.
On June 23, Finance Minister Ousman Koro-Ceesay's charred remains were
found in his burned vehicle with part of his skull missing. He had
attended Chairman Jammeh's departure from Yundum International Airport
earlier that day. As with the Haidara case, no results of any
investigations were made public. It is widely believed that Ceesay's
death was a politically motivated killing by the AFPRC.
b. Disappearance
There were no reports of politically motivated disappearances. In May
two GNA soldiers, allegedly under the orders of the AFPRC, attempted to
abduct Lamin Waa Juwara, former independent Niamina Minister of
Parliament. They were unsuccessful.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
While the AFPRC did not suspend provisions of the Constitution
prohibiting torture and other cruel, inhuman, or degrading punishment,
it ignored these provisions in its treatment of former ministers and
military and police detainees.
Former AFPRC Vice Chairman Sabally, arrested in the alleged January
countercoup, was detained without visitation rights at Mile 2 prison.
He was widely believed to have been tortured after his arrest, and
credible reports indicate he has lost some of the use of his hands
because of torture by electric shock.
Conditions at Mile 2 prison are reported to be austere, overcrowded, and
lacking in medical facilities. Prisoners are locked in their cells for
more than 20 hours each day. Other reports indicate that the AFPRC
assigned military guards to augment the corrections staff at the prison,
and there were credible reports of malnourishment, illness, and beatings
of military and security detainees. In March military police surrounded
the prison because of reports of demonstrations against poor food and
living conditions, and long detention without trial. Women are housed
separately.
There was one death while under detention (see Section 1.a.).
In June the International Committee of the Red Cross (ICRC) visited the
Mile 2 facility and reported that 33 of the original 58 detainees known
to the ICRC were still imprisoned. According to the ICRC, at least 7 of
these detainees are political prisoners and the other 25 were released.
Since the ICRC's visit, only sporadic prison information became
available. August press reports list a total of 50 detained military
personnel. The ICRC visited again in October and reported that
conditions were adequate.
d. Arbitrary Arrest, Detention, or Exile
The AFPRC frequently and arbitrarily arrested military and police
personnel, civil servants, parastatal staff, and media representatives.
In June the AFPRC declared by decree that the NIA would have the power
to search, seize, detain, or arrest any individual or property without
due process. In October the AFPRC issued a decree allowing a 90-day
detention without charge and without writ of habeas corpus which has
retroactive force.
After promulgation of Decree 57, incidents of targeted searches and
investigations increased. The AFPRC primarily targeted nongovernmental
organizations and members of the press for investigation and detention.
In July six employees of the Daily Observer newspaper were interrogated
and released by NIA officers in reference to an advertisement in the
newspaper. The NIA suspected that the advertisement was a coded message
to trigger a mercenary takeover.
The regime subjected prominent civilians in and out of government to
lengthy surprise interrogations in uncomfortable circumstances, often
lasting overnight, and detained some officials for extended periods.
For example, vice president of the Gambian Bar Association Ousainou
Darbo was detained incommunicado from October 15 through November 6,
when he was released unconditionally. The authorities generally did not
permit families, reporters, or other private citizens to visit military
and police detainees. They did occasionally permit exceptional visits
by detainees' spouses after direct petitions to the Vice Chairman of the
AFPRC.
At least 14 of those detained during the July 1994 coup remained in
custody at year's end. The AFPRC has not provided an accounting of
current detainees. Some of those detained after the attempted
countercoup in November 1993 were granted amnesty; the authorities
brought charges against others. Along with the military and police
personnel in long-term detention, authorities detained an unknown number
of additional people for shorter periods, ranging from hours to 26 days.
In the alleged countercoup attempt in January, the AFPRC arrested and
detained an additional group of opposition figures, including Sabally
and Haidara. Sabally's trial ended in December; he was convicted on two
charges and sentenced to a total of 9 years' imprisonment, to be served
concurrently (see Section 1.c).
There was another wave of detentions in October. Many of those detained
had ties to the Peoples Progressive Party. The AFPRC has not formally
exiled its opponents. However, three senior officials of the former
government, President Jawara, Vice President Sabally, and secretary
general Janha, remain abroad under explicit threat of arrest and
detention if they return. Other officials who were outside the country
at the time of the coup are at similar risk.
e. Denial of Fair Public Trial
Although the Constitution provides for an independent judiciary, the
courts are traditionally responsive to executive branch pressure. The
judicial system comprises a Judicial Committee of the Privy Council
(based in London), the Supreme Court of The Gambia, The Gambia Court of
Appeal, and the magistrate courts (one in each of the five divisions
plus one in Banjul and one in Kanifing). Village chiefs preside over
local courts at the village level. The AFPRC claimed that judicial
provisions of the Constitution remained in effect, but it exempted its
own decrees from court challenge and ignored due process with respect to
arrest, detention, and trial.
In early 1995, detention review tribunals comprised of a lawyer, a
police officer, and a private citizen completed recommendations on the
cases of military detainees. In most cases, the tribunal did not find
enough to merit to continue the detentions. Tribunal action was
advisory only. The AFPRC could have ordered the indefinite detention of
military and police officers from the 1994 coup and countercoup.
Since coming to power, the AFPRC granted amnesty to 38 detained soldiers
from the 1994 coup. Seven others were sentenced to 9 years'
imprisonment in June for a November 1994 countercoup attempt.
The AFPRC appointed a number of commissions to investigate individuals
and organizations suspected of corruption. These commissions have
powers similar to that of a grand jury, including the authority to
imprison and fine for contempt, and to imprison or demand bond from
individuals considered likely to abscond.
The AFPRC seized over 6,000 tons of imported rice owned by a Gambian
business consortium. While the rice had all appropriate health
documents, it was declared "unfit for human consumption," and summarily
dumped into the ocean. The AFPRC neither waited for nor acknowledged
judicial decisionmaking authority in the issue.
Despite these incidents, the judicial system remains structurally intact
and recognizes customary, Shari'a, and general law. Customary law
covers marriage and divorce for non-Muslims, inheritance, land tenure,
tribal and clan leadership, and all other traditional and social
relations. Shari'a law is observed primarily in Muslim marriage and
divorce matters. Under Shari'a, women receive half of what men receive
in inheritance. General law, following the English model, applies to
felonies, misdemeanors in urban areas, and the formal business sector.
Trials are public, and defendants have the right to an attorney at their
own cost.
The trial of former AFPRC Vice Chairman Sabally was conducted in a
military court with a civilian judge at Fajara military barracks. He
was charged with three counts of treason. This trial was closed to the
public and all reports came from the army press office (see Section
1.d.)
Three journalists from The Point newspaper were arrested in March and
charged with inciting public alarm. After a trial lasting 6 months, all
three were acquitted.
Although total numbers are not available, most prisoners detained under
the AFPRC's anticorruption campaign, or for security reasons, are
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Existing constitutional safeguards against arbitrary search and seizure
were abrogated as part of Decree 45. AFPRC priorities in security
matters and corruption investigations override all constitutional
safeguards. Police seized private documents and property without due
process and placed armed guards at homes and other properties suspected
of having been acquired with embezzled or misappropriated funds. The
AFPRC froze accounts of people under suspicion and prohibited by decree
the transfer of their property. It denied persons under house arrest
access to international telephone service. Security officials are
believed to monitor and record telephone communications.
Because of the ban on political parties and activity, membership in
political organizations is forbidden.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press but in
practice the AFPRC significantly restricted these freedoms. AFPRC
Decree 11 prohibits political activities of all kinds, including
possession and distribution of political literature or engaging in
political discourse by any other means.
The AFPRC attempts to require diplomats to secure government approval
for all public statements. The AFPRC used summary arrest,
interrogation, and detention, to intimidate and silence journalists who
published articles which it deemed inaccurate or sensitive. Six
employees of the Daily Observer were arrested and questioned in
reference to an advertisement in June. Fear and government activity
forced all the newspapers to exercise self-censorship. English, French,
and other foreign newspapers and magazines are available.
The NIA began harassing two journalists from The Point following their
acquittal in September (see Section 1.e.). It prevented journalist Pap
Saine from leaving the country and instructed immigration officials to
seize Saine's passport and investigate his nationality. It later
allowed Saine to leave. Non-Gambian journalists were also a target of
NIA intimidation. Journalist Brima Ernest, a native of Sierra Leone,
was forced into hiding for fear of deportation. He has since fled the
country. Sierra Leonean journalist Cherno Ceesay was arrested for
articles he wrote about alleged police beatings. He was deported.
Although the AFPRC called for analysis and criticism of its government,
it has on occasion carried out reprisals upon individuals who publicly
criticized the Government. Although there is no television station, the
country receives broadcasts from Senegal. Private consumers also use
satellite systems, but these systems are rare. Creation of the
country's first station, which will be a parastatal organization, is in
progress.
Broadcasts from the one government and two private radio stations
normally did not reach listeners in the eastern part of the country.
Private radio stations simulcast news provided by Radio Gambia, the
government station. Senegalese and international radio broadcasts
attract wide audiences.
There is no university but a university extension program was
established in November, and classes were scheduled to begin in 1996.
In October a teacher was questioned by the NIA regarding some remarks he
had made to a student about the AFPRC.
b. Freedom of Peaceful Assembly and Association
AFPRC Decree Four bans political organizations and political meetings of
any kind. Other kinds of assembly open to the public require police
permits, which are generally easy to obtain. The Government discouraged
people from gathering in large groups.
c. Freedom of Religion
The Constitution, which was partially suspended or modified after the
AFPRC took power, and traditional laws provide for freedom of religion.
Adherents of all faiths are free to worship without government
restriction.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for freedom of movement. Freedom of movement
for ordinary citizens remained unimpeded, but the authorities prohibited
those under investigation for corruption or security charges from
leaving the country. All civil servants and government officials must
obtain permission to leave the country. Journalists have, in addition,
been required to produce travel clearances. Former ministers were not
allowed to leave The Gambia.
In October there was a large influx of refugees from the Casamance
region of Senegal. The Gambia continues to host approximately 2,000
Senegalese refugees, and the AFPRC continued to work with the Office of
the United Nations High Commissioner for Refugees, the Gambian Red
Cross, and other organizations in dealing with refugees. The Government
does not force repatriation of those with a valid claim to refugee
status.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the right to change their government. Political
parties are banned, and the AFPRC exercises total power. The first
decree issued by the AFPRC suspended legislative and executive sections
of the Constitution, including provisions for Parliament and elections.
The AFPRC has promised to hold elections by July 1996.
At one point this year, four of the 13 ministers in the AFPRC Executive
Council (cabinet) were women. The AFPRC has appointed more women to
government posts than the previous government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The AFPRC indicated that international human rights concerns are not
appropriate for those suspected of corruption or involvement in
subversion, since they are considered criminals. There are two
organizations whose primary mandate is the promotion of human rights--
the International Society for Human Rights (ISHR) and the African Centre
for Democracy and Human Rights Studies. ISHR has conducted training in
democratic rights and civic education. In October it denounced the
AFPRC decrees and called for their abrogation.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination against persons based on race,
sex, religion, disability, language, or social status.
Women
Domestic violence, including spouse abuse, is occasionally reported but
its occurrence is reportedly not extensive. Police respond if cases are
reported, and prosecute offenders if citizens file complaints. The
media cover cases on trial.
Shari'a law usually applies in divorce and inheritance matters.
Marriages are usually arranged, and polygyny is practiced. Women
normally receive a lower proportion of assets distributed through
inheritance than do male relatives.
Although four women were appointed to the AFPRC executive council, women
face extensive discrimination in education and employment. Females
constitute about one-third of primary school students and roughly one-
fourth of high school students.
Employment in the formal sector is open to women at the same salary
rates as men. No statutory discrimination exists in other kinds of
employment, although women are generally employed in endeavors such as
food vending or subsistence farming.
Children
The Government does not mandate compulsory education and secondary
opportunities are limited. The care and welfare of children in distress
is considered primarily a family responsibility. Authorities intervene
if cases of abuse or maltreatment are brought to their attention.
The practice of female genital mutilation (FGM), which is widely
condemned by international health experts as damaging to both physical
and psychological health, is widespread and entrenched. Up to 60
percent of females may have undergone this procedure in early youth.
Rural women strongly support the practice of female circumcision. In
1993 village women drove a prominent female FGM opponent from an
upcountry village for speaking against the custom. The AFPRC has yet to
take a position on FGM.
Early in the year, the AFPRC deported to Senegal most of the Almudo
population, rumored to be as large as 350 students and teachers. The
situation of the Almudos, mostly Senegalese young male Koranic students
aged 8 to 12 placed in the care of Koranic teachers, has elicited
significant concern. These children are expected to beg for their food
and clothing as well as to support their teachers.
People with Disabilities
There are no statutes or regulations requiring accessibility for the
disabled. No legal discrimination against the physically disabled
exists in employment, education, or other state services. Severely
disabled individuals subsist primarily through private charity. Less
severely disabled 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
Labor law remains unmodified by the AFPRC regime. 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. It specifically
prohibits police officers and military personnel, as well as other civil
service employees, from forming unions or striking. About 20 percent of
the work force is employed in the modern wage sector, where unions are
most active. Roughly 30,000 workers are union members, about 10 percent
of the work force.
The Gambian Worker's Confederation and the Gambian Workers' Union are
the two main independent and competing umbrella organizations. Both are
recognized by the Government, but relations with the AFPRC were not
tested.
The Labor Act authorizes strikes but requires that unions give the
Commissioner of Labor 14 days' written notice before beginning an
industrial action (28 days for essential services). It prohibits
retribution against strikers who comply with the law regulating strikes.
Upon application by an employer to the Supreme Court, the court may
prohibit industrial action that is ruled to be in pursuit of a political
objective. The court may also forbid action judged to be in breach of a
collectively agreed procedure for settlement of industrial disputes, but
unions may appeal the decision. Because of these provisions and the
weakness of unions, few strikes occur.
Unions may affiliate internationally, and there are no restrictions on
union members' participation in international labor activities. The
country, applied in June to join the International Labor Organization
(ILO). It has been accepted in principle, but must make modifications
to its labor and employment laws. Furthermore, because The Gambia is
currently under military, not democratic, rule, it cannot be admitted to
ILO membership.
b. The Right to Organize and Bargain Collectively
The Labor Act allows workers to organize and bargain collectively.
Although trade unions are small and fragmented, collective bargaining
does take place. Each recognized union has guidelines for its
activities specified by the appropriate industrial council established
and empowered by the Labor Act. Union members' wages exceed legal
minimums and are determined by collective bargaining, arbitration, or
market forces. The Labor Department registers agreements reached
between unions and management after insuring that the agreements are in
compliance with labor law. No denial of registration has been reported.
The Act also sets minimum contract standards for hiring, training, terms
of employment, wages, and termination of employment. The Act provides
that contracts may not prohibit union membership. Employers may not
fire or discriminate against members of registered unions engaged in
legal union activities.
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 statutory minimum age for employment is 18 years. There is no
compulsory education, and because of limited secondary school openings,
most children complete formal education by age 14 and then begin work.
Employee labor cards, which include a person's age, are registered with
the Labor Commissioner, but enforcement inspections rarely take place.
Child labor protection does not extend to youth performing customary
chores on family farms or engaged in petty trading.
e. Acceptable Conditions of Work
Minimum wages and working hours are established by law through six joint
Industrial Councils--Commerce, Artisans, Transport, Port Operations,
Agriculture, and Fisheries.
Labor, management, and Government are represented on these councils.
The lowest minimum wage is about $1.35 (14 Dalasi) per day for unskilled
labor. This minimum wage is not adequate to sustain a suitable standard
of living for a worker and family. Only 20 percent of the labor force,
those in the formal economic sector, are covered by the minimum wage
law. The majority of workers are privately or self-employed, often in
agriculture. Most citizens do not live on a single worker's earnings
but share resources within extended families.
The basic legal workweek is 48 hours within a period not to exceed 6
consecutive days. A half-hour lunch break is mandated. In the private
sector, the workweek includes four 8-hour work days and 2 half-days
(Friday and Saturday). 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 length of service.
The Labor Act specifies safety equipment that an employer must provide
to employees working in designated occupations. The Factory Act
authorizes the Ministry of Labor to regulate factory health and safety,
accident prevention, and dangerous trades and to appoint inspectors to
ensure compliance with safety standards. Enforcement is spotty owing to
insufficient and inadequately trained staff. Workers may refuse to work
in dangerous situations and may demand protective equipment and clothing
for hazardous workplaces.
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