Recommendations 109.41, 109.42.
Status of implementation
34. As part of the transitional process, there is currently an ongoing review of the 1997 Constitution. A legislative reform process is also being implemented to review the laws in line with international best practices and obligations.
35. In particular, the following laws are currently under review:
(a) The Criminal Code and Criminal Procedure Code;
(b) Information and Communications Act;
(c) Prison Act;
(d) Police Act;
(e) Elections Act;
(f) Lunatics Act;
(g) Anti-Corruption Act;
(h) Children's Act;
(i) Labour Act.
Recommendations
109.55, 109.56, 109.49, 109.50, 109.51, 109.52, 109.58, 109.53, 109.97, 109.100.
Status of implementation
36. LGBTQ is not largely accepted in the Gambia and the Government does not plan to decriminalise it.
37. This is partially implemented by the Government of the Gambia. However, through the transitional justice process, all repressive and discriminatory laws will be reviewed and repealed, thereby creating an enabling environment for human right defenders.
38. In addition to this, a National Human Rights Commission (NHRC) has been established to promote and protect human rights of all persons, which includes human rights defenders in the Gambia. The Commission’s protective mandate includes the power to monitor, receive and investigate any human rights violation in the Gambia by both State and non-State actors.
Recommendations 109.96, 109.66.
Status of implementation
39. The Gambia has taken numerous measures to improve women’s status in the political, economic and social life of the country. A specialised Government department called the Women`s Bureau has been set up since 1980 tasked with the responsibility of advising the Government on the well-being of women and girls. Since the beginning of 2019, a new Ministry of Women, Children and Social Welfare has been created.
40. Section 28 of the Constitution also provides for the right to equal treatment with men, including equal opportunities in political, economic and social activities. Section 33 of the Constitution also prohibits discrimination, inter alia, on the basis of gender.
41. The Women’s Act 2010, which is dedicated to the advancement of the rights and welfare of women, contains salient provisions on the right to dignity, access to justice and equal protection before the law, right to moveable and immoveable property, right to freedom of expression, protection from violence, prohibition of discrimination, right to health and health care services, the rights of women in rural communities, right to marry, special protection of elderly women, women with disabilities and women in distress.
42. In addition to the Constitutional and legislative measures, the Gambia adopted the National Policy for the Advancement of Gambian Women 2010-2020 which focuses on gender as a development concept and the participation of women and men in an equal and equitable manner for economic, political and social development of the Gambia.
Furthermore, one of the policy’s guiding principles is to take affirmative action to redress historical and traditional forms of discrimination against women and girls in political, education, economic and other social spheres.
43. Furthermore, Gambian women are exposed to sensitization and awareness raising programmes being conducted by relevant stakeholders, including the newly created Ministry of Women, Children and Social Welfare, the Ministry of Justice, the Ministry of Health and civil society organisations, including Female Lawyers Association, Think Young Women, Network Against Gender Based Violence, West Africa Network for Peacebuilding (WANEP), Gambia Committee on Traditional Practices (GamcoTrap), Forum for African Women Educationalists (FAWEGAM), amongst others.
44. These nationwide sensitization activities on the international and national legislative framework (the Constitution, Women’s Act, the Children’s Act, the Domestic Violence Act, Sexual Violence Act, Tourism Offences Act, District Tribunals Act, etc.) targets women groups, youth, District Tribunal Members, law enforcement officials, students, and women Councilors.
45. The Government does not currently have a minimum legal wage. However the Ministry responsible for employment in collaboration with the Gambia Chamber of Commerce has initiated efforts to come up with a minimum wage.
Recommendations 109.54, 109.57.
Status of implementation
46. The Criminal Code is currently undergoing a holistic review and it is envisaged that upon its completion, all discriminatory provisions will be repealed.
47. In addition to this, UN Women in July 2019 supported the Government to review all gender discriminatory laws in the Gambia with a view to amending them.
Recommendations
109.58, 109.60, 109.61, 109.63, 109.64, 109.146, 109.59, 109.62.
Status of implementation
48. The Information and Communications Act and the Criminal Code are all being reviewed.
49. In 2017, a tripartite MOU was signed between the Ministry of Justice, Ministry of Information and Communications Infrastructure and Article 19 to review all media laws with the view to bringing media laws in line with international best practices. In 2018, the Media Law Review Committee established under this MOU completed the review of all media laws and submitted its report for consideration of its recommendations. Since then, a Freedom of Information Bill has been drafted and additionally, the Information and Communications Act will be reviewed with a view to amending it.
Recommendations
109.65, 109.137, 109.138, 109.139.
Status of implementation
50. The Government of the Gambia in 2016 amended the Children’s Act of 2005 criminalizing child marriage and child betrothal1.
51. Since the enactment of the law, the Government and civil society have engaged in countrywide sensitization missions to popularize the law amongst the general public and law enforcement officials. However, whilst the State recognizes that enforcement remains a challenge due to the deep rooted nature of this practice, it will continue to conduct training of law enforcement officials, sensitisation through the media and at the grass root level to encourage reporting of such cases to the police.
Recommendations
109.43, 109.44, 109.45, 109.46, 109.47, 109.113, 109.118, 109.83, 109.114, 109.115, 109.116, 109.117, 109.119, 109.120.
Status of implementation
52. In 2015, the amendment to the Women’s Act of 2010 criminalizes the practice of FGM/C in all its forms. The law also seeks to give effect to the Constitutional protection of women and children not to be subjected to practices that are harmful to their health and wellbeing.
53. Since the enactment of the law, a number of capacity building programs for judicial officials, law enforcement officials, health practitioners and the general public have been carried out to enhance understanding of the law.
Recommendation 109.48.
Status of implementation
54. The State enacted the Domestic Violence Act in 2013 which criminalizes domestic violence in all its forms: sexual, physical, psychological and economic violence. The Act also creates a Domestic Violence Support Fund to support the victims of domestic violence and it is in the process of being finalised. The purpose of this Support Fund is to, inter alia, ensure the provision of basic material support to victims of domestic violence, training victims and families, and care and support of victims of domestic violence and the construction of shelters for victims of domestic violence in all regions in the country.
Recommendations 109.67, 109.68.
Status of implementation
55. There is a draft Disability Bill which is geared towards providing protection for persons with disabilities.
56. The Government has developed a Disability Advocacy Strategy to integrate the interests of persons with disabilities in the country`s development agenda.
57. Furthermore, the Department of Social Welfare has devised a mechanism for addressing some of the concerns of PWDs, in collaboration with the Gambia Federation of the Disabled – Disability Employment Services. It has established a Disability Advocacy Strategy and engaged in Media Campaigns for sensitization (community radio programmes, television talk shows and newspaper articles). Furthermore, it has produced a documentary on PWDs in active and productive ventures for advocacy purposes. Persons with disabilities are employed in both the public and private sectors. The Government, through the Department of Social Welfare, has also engaged in disability and equality training and this has been conducted for 12 training institutions and some employers.
58. Countrywide disability outreach services were provided for children with disabilities (CWD) on the occasion of the launching of the State of the World’s Children Report 2013 in collaboration with UNICEF, thereby reaching 365 children across the country.
59. The Government has been networking with about 13 partner institutions to encourage them to embrace disability and include PWDs in their programmes and activities. Technical aids and appliances, home visits, counselling and basic psycho-social therapy are also provided.
60. There is an increasing number of persons with disabilities who are obtaining basic psycho-social therapy. At the Department of Social Welfare, there are currently 450 persons, in addition to the already registered 5686 PWDs.
• The Department of Social Welfare has also provided 450 disabled persons with mobility aids (artificial limbs, shoes, walking sticks).
• The Government has established a Steering Committee for the management and supervision of Integrated Educational Programmes in mainstreaming children with visual impairment across the regions and this is ongoing.
• There is also a Joint Advocacy Programme by key stakeholders on inclusive education for children with disabilities and another on Early Childhood Development Programmes.
• Strategic plans on disability are included in the National Development Programme 2018-2021. been appointed and the Secretariat of the Commission is now fully functional. The present Government has committed itself to the full realization of the fundamental human rights of all persons in the Gambia. To this end, the Government is undertaking key constitutional and legal reforms to bring our laws in harmony with our international obligations.
Recommendations Judicial Officers as they could be fired without adherence to due process. The Judges Bill is currently under review to ensure it in line with best practices.