 General Assembly A

(1)

GE.19-14314(E)

Human Rights Council

Working Group on the Universal Periodic Review Thirty-fourth session

4–15 November 2019

National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*

Gambia

* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.

General Assembly Distr.: General 22 August 2019 Original: English

(2)

Contents

Page

Preface ... 3

List of abbreviations and acronyms ... 4

List of legislations ... 6

I. Process for the preparation of the report ... 7

II. Implementation of recommendations from the previous cycle ... 7

A. Acceptance of international norms ... 7

B. Cooperation with treaty bodies ... 8

C. Cooperation with special procedures ... 9

D. Cooperation with international mechanisms and institutions ... 9

E. Inter-state cooperation and development assistance ... 10

F. Constitutional and legislative framework ... 11

G. Institutions and policies ... 14

H. Right to physical and moral integrity... 22

I. Prohibition of torture and cruel, inhuman or degrading treatment ... 23

J. Conditions of detention ... 23

K. Prohibition of slavery and trafficking ... 24

L. Freedom of opinion and expression ... 24

M. Right to education ... 25

N. Right to development – General measures of implementation ... 27

III. New and emerging issues ... 28

A. Truth Reconciliation and Reparations Commission ... 28

B. Constitutional Review Commission ... 28

C. National Human Rights Commission ... 29

D. The Security Sector Reform ... 29

IV. Challenges requiring the support of international communities ... 29

(3)

Preface

The Republic of the Gambia is committed to the progressive realization of the rights and freedoms of all persons as well as the duties enshrined in the human rights conventions and treaties ratified through the creation of appropriate policy, legislative, judicial, administrative and budgetary measures.

It is against this background that this Report seeks to highlight the measures adopted, the progresses made as well as the constraints encountered. During the period under review (2015-2019), numerous challenges had to be overcome in the effective realization of the promotion and protection of these rights.

The Ministry of Justice takes this opportunity to express its appreciation to the Human Rights Council and hope that the Council will appreciate the progresses made so far, the determinations being made to overcome the highlighted challenges and continue to support The Gambia’s obligation to sustain the promotion and protection of human and peoples’ rights in the overall interest of all Gambians.

The Government of the Gambia looks forward to the opportunity to engage in a constructive dialogue with the UPR Working Group in November 2019.

Prepared by:

The Inter-Ministerial Taskforce under the coordination of the Attorney General’s Chambers

& Ministry of Justice.

July 2019

(4)

List of abbreviations and acronyms

AAITG Action Aid International The Gambia ADR Alternative Dispute Resolution

ADRS Alternative Dispute Resolution Secretariat AIDS Acquired Immune Deficiency Syndrome

CAT Convention Against Torture

CEDAW Convention on the Elimination of All Forms of Discrimination Against Women

CPA Child Protection Alliance

CRC Convention on the Rights of the Child CSOs Civil Society Organisations

DHS Demographic Health Survey

DSW Department of Social Welfare

ECD Early Childhood Development

EFA Net Education for All Network

EFA Education For All

FAWEGAM Forum for African Women Educationalists, Gambia

FGM Female Genital Mutilation

FLAG Female Lawyers Association of The Gambia

FTI Fast Track Initiative

GAFNA Gambia Food and Nutritional Agency

GAMCOTRAP Gambia Committee on Traditional Practices Affecting Health of Women & Children

GBoS Gambia Bureau of Statistics

GBV Gender Based Violence

GCR Gambia Commission for Refugees

GPE Global Partnership For Education

HIV/AIDS Human Immunodeficiency Syndrome/ Acquired Immunodeficiency Syndrome

IOM International Organization for Migration

LBE Lower Basic Education

MoBSE Ministry of Basic and Secondary Education

MOHERST Ministry of Higher Education, Research, Science and Technology MoHSW Ministry of Health and Social Welfare

MOU Memorandum of Understanding

NAATIP National Agency Against Trafficking In Persons NALA National Agency for Legal Aid

NANA National Nutrition Agency

NDP National Development Plan

(5)

NGBV The Network Against Gender Based Violence NSPP National Social Protection Policy

PRSP II Poverty Reduction Strategy Program PWD Persons with Disabilities

SDGs Sustainable Development Goals SRT Sexual and Reproductive Health

SSE Senior Secondary Education

TANGO The Association of Non- Governmental Organizations

TB Tuberculosis

TRRC Truth Reconciliation and Reparations Commission

UBE Upper Basic Education

UNESCO United Nations Educational Scientific and Cultural Organization UNFPA United Nations Population Fund

UNICEF The United Nations Children’s Fund

UNSCR 1325 United Nations Security Council Resolution 1325

WHO World Health Organization

(6)

List of legislations

Children’s Act 2005

District Tribunal Act (Revised Laws 2009) Domestic Violence Act 2013

Labour Act 2007

Prison’s Act (Revised Laws 2009) Sexual Offences Act 2013 The Women’s Act 2010 Tourism Offences Act 2003 Trafficking in Persons Act 2007

(7)

I. Process for the preparation of the report

1. The Inter-ministerial Taskforce on Treaty Body Reporting prepared this report under the guidance and supervision of the Ministry of Justice. A drafting team undertook the task of preparing the report after conducting extensive consultations with stakeholders in relevant Ministries and Institutions to obtain information on progress made since the last cycle.

2. A three day consultative workshop was organized by the Ministry of Justice in March 2019 in collaboration with the Commonwealth Secretariat, where members of the Inter-ministerial taskforce, civil societies organizations (CSOs) and other partners were trained on reporting under the UPR and treaty bodies and in addition, the CWO reviewed and provided comments on the zero draft of the Report.

3. A validation workshop was held on 30 July 2019 wherein the second draft report was presented again to participants from both the Government and CSOs for consideration.

Their contributions, suggestions and recommendations made therein were taken into account in developing the final report for submission to the Human Rights Council.

II. Implementation of recommendations from the previous cycle

A. Acceptance of international norms

Recommendations

109.1, 109.8, 109.40, 109.39, 109.22, 109.23, 109.27, 109.28, 109.2, 109.9, 109.10, 109.11, 109.12, 109.13, 109.14, 109.15, 109.16, 109.17, 109.18, 109.19, 109.20, 109.21, 109.31, 109.32, 109.33, 109.34, 109.35, 109.36, 109.37, 109.29, 109.30, 109.3, 109.4, 109.5, 109.6, 109.7, 109.24, 109.25, 109.26.

Status of implementation

4. Although this is yet to be fully implemented, the Government has been reviewing international human rights treaties with the view to signing and ratifying them.

Nevertheless, during the period under review, the following instruments have been signed and ratified by the Gambia:

(a) the UN Treaty on the Prohibition of Nuclear Weapons, signed on 20 September 2017 and ratified it on 26 September 2018;

(b) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), signed in 2017 and ratified in 2018;

(c) International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) signed in 2017 and ratified in 2018;

(d) International Convention for the Protection of All Persons from Enforced Disappearance (CED) signed in 2017 and ratified in 2018;

(e) Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty signed in 2017 and ratified in 2018; and

(f) The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict was ratified in April 2008.

Recommendation 109.38.

(8)

5. This is fully implemented as the Gambia signed the Rome Statute on 7^th December 1998 and ratified it on 28 June 2002. However, the former regime withdrew the membership of the country to the Rome Statute in 2015, which decision has since been reversed by the new dispensation in 2017.

6. Currently, Constitutional and legislative review processes are ongoing, which will take into consideration the provisions of the Statute. Additionally, the Government has started the process of domesticating the Statute through the adoption of an International Crimes Act.

Recommendations

109.107, 109. 108, 109.109, 109.101, 109.102, 109.103, 109.104, 109.105, 109.106.

7. This is fully implemented as the Government of the Gambia recently ratified the second Optional Protocol to the ICCPR. As part of its efforts to abolish the death penalty, the Government of the Gambia has also commuted all death sentences to life imprisonment and there is a moratorium on the application of the death penalty.

8. Furthermore, a Constitutional Review Commission has been established with the mandate to review and draft a new constitution, which will be voted on by the Gambian people through a referendum. Amongst the List of Issues of the CRC is the abolition of the death penalty.

B. Cooperation with treaty bodies

Recommendations 109.88, 109.90, 109.89.

9. As a State party to various international, regional and sub-regional treaties, the Gambia is aware of its obligation to submit periodic reports on the level of implementation of such treaties, especially human rights treaties. The new democratic dispensation has inherited monumental challenges and setbacks in the respect for the rule of law, violations and abuses of fundamental human rights and an unbalanced system of government.

10. The past two decades (1994–2016) witnessed the weakening of state institutions charged with the administration of justice, human rights and respect for the rule of law.

11. It is therefore against this backdrop that the new dispensation in 2017 embraced a reform agenda that will cater for our collective developmental aspiration as a nation, in order to correct the wrongs committed in the past twenty-two years, through institutional and legal reforms for national development as contained in the National Development Plan 2018-2021. This reform agenda is anchored on a number of pillars, one of which is addressing the backlog of state reports to treaty bodies.

12. The Government of the Gambia’s renewed sense of determination to clear all backlog of reports and to be consistent in its reporting obligation is part of its commitment to renew confidence and strengthen international cooperation.

13. Since 2017, various steps have been taken to address the backlog of State Reports to treaty bodies and the first among them was the inauguration of the Inter-Ministerial Task force on Treaty Body Reporting comprising of various institutions. The taskforce under the supervision of the Ministry of Justice is responsible for the preparation of reports for submission to treaty bodies.

14. Since its inception in 2017, the members of the taskforce have undergone a series of trainings with support from the Office of the High Commissioner for Human Rights in

(9)

West Africa, Center from Human Rights, University of Pretoria in South Africa and from the Commonwealth Office in the United Kingdom.

15. Consequently, the Gambia as a State Party to the International Covenant on Civil and Political Rights (ICCPR) finally fulfilled its reporting obligation under the Covenant after a 33-year delay, on the 6 July 2018.

16. In August 2018, the Gambia also submitted a combined report covering the period between 1994 and 2017 to the African Commission on Human and Peoples’ Rights.

17. As part of the priority targets outlined in the NDP, efforts are being made by the inter-ministerial taskforce to prepare and submit all outstanding reports to treaty bodies before 2021. These include the reports to the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child, the African Committee of Experts on the Rights and Welfare of the Child, and the Committee on the Elimination of Racial Discrimination, for submission by 2020.

C. Cooperation with special procedures

Recommendations

109.91, 109.92, 109.93, 109.94, 109.95.

18. During the period under review, the Gambia has extended numerous invitations to various human rights mandate holders.

19. The Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment visited the country in November 2014. However, limitations on access to the prisons by the former government led to the abortion of the visit.

20. In 2017, the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and the Working Group on Enforced or Involuntary Disappearances both conducted a visit the Gambia and were granted access to all prisons and detention centres.

21. Additionally, Ms Maud De Boer Buquicchio, Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and any other child sexual abuse material has been invited to visit the country in October 2019.

22. Furthermore, another invitation has been extended to the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence to visit the country in November 2019.

D. Cooperation with international mechanisms and institutions

Recommendations 109.170, 109.171.

23. Through the Gambia Commission for Refugees, the Government over the years has sought and received assistance from the United Nations High Commissioner for Refugees and the Agency has an office in the country. Additionally, UNHCR provides professional guidance to the GCR on protection of refugees, and on behalf of GCR, the organization provides financial support to refugees in the country.

24. Furthermore, UNHCR partners with Gambia Food and Nutrition Agency (GAFNA) for the latter to assist refugees with different types of agricultural support and improve their standards of living.

(10)

25. The Government in the past has welcomed persons fleeing persecution, civil upheaval and conflict from southern Senegal, Liberia, and Sierra Leone. The Government through a refugee host community leadership program, assists refugees to integrate locally in the Gambia by providing them with land to build their homes and to farm on.

Furthermore, the United Nations High Commission for Refugees facilitates the local integration of refugees through various livelihoods support.

26. The new Government of the Gambia has committed itself to upholding freedom of expression. As part of measures to reform the criminal and media laws of the country, a National Media Law Review Committee has been constituted under the auspices of the Ministry of Information and Communication Infrastructure to review all existing media laws that are inimical to freedom of expression. A parallel criminal justice reform exercise has also been instituted to review all criminal laws in the Gambia to bring it in line with international best practices.

27. Notwithstanding the remarkable progress in the area of freedom of expression, the Government has also embarked on media law reform currently ongoing in collaboration with international partners to adopt international best practices in media regulation, and to remove the draconian laws promulgated by the previous administration and replace them with new laws that facilitate the exercise of the right to freedom of expression. A Freedom of Information Bill has already been drafted and may soon be enacted to ease public`s access to information.

28. The State has fully complied with the ECOWAS judgments in the cases involving Deyda Hydara, Chief Ebrima Manneh, Fatou Camara, Fatou Jow Manneh, Lamin Fatty and Alajie Jobe. Negotiations are currently ongoing in the case of Musa Saidykhan.

29. Furthermore, the Truth, Reconciliation and Reparations Commission is mandated to investigate all human rights abuses that occurred between July 1994 and January 2017.

E. Inter-state cooperation and development assistance

30. The Government through its engagement with development partners is making all efforts to make sure that life-saving treatment/drugs are provided to the people in need of such services.

31. The Global Fund is intervening in the three disease areas (TB, malaria and HIV and AIDS); UNICEF is supporting maternal and child health services; WHO is providing technical assistance and support to strengthen the health system; UNFPA also supports maternal and child health services, especially in the areas of reproductive health commodity security and family planning services; the World Bank provides assistance on maternal and child nutrition and health services. Most of these services are provided free of charge nationwide.

(11)

32. With the return of the Gambia to the Commonwealth, the Judiciary has requested judicial officials on technical assistance from the Commonwealth Secretariat and Nigerian Government.

33. The Government of Nigeria has provided four High Court Judges to the Gambian Judiciary through the technical assistance program.

F. Constitutional and legislative framework

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.

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.

(12)

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.

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.

48. The Information and Communications Act and the Criminal Code are all being reviewed.

(13)

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.

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.

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.

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.

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.

(14)

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.

G. Institutions and policies

Recommendations

109.69, 109.70, 109.71, 109.72, 109.73, 109.74, 109.75, 109.76, 109.77, 109.78, 109.79, 109.85, 109.87.

61. In December 2017, in line with the Paris Principles, a National Human Rights Commission Act was enacted by the National Assembly. The Commissioners have since 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

109.129, 109.128, 109.130, 109.131, 109.136, 109.132.

62. In the past, the existing legal framework clearly provided for the independence of the Judiciary, but in practice there has been reported cases of interference from the executive branch of the Government prior to 2017. There was no security of tenure for 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.

(15)

63. However, since 2017, the Judiciary of the Gambia has undergone several structural and administrative reforms to enhance the dispensation of justice. This began with the appointment of several Gambian Judges. From January 2017 to date, the capacity of the Judiciary has been greatly enhanced with the appointment of 12 Justices of the High Court, Court of Appeal and Supreme Court. Fundamentally, the appointment of 5 Justices in the Supreme Court has made the court functional after a three-year hiatus due to lack of quorum.

64. The Chief Justice has instituted a numerous of measures to ensure the independence and impartiality of the judiciary such as:

(a) the reconstitution of the Judicial Service Commission and the restoration of their Constitutional powers in relation to the appointment of Judicial officers, their disciplinary control and removal;

(b) the appointment of Judicial officials on pension, instead of the contract appointments that were the order of the day previously;

(c) the exercise of budgetary autonomy;

(d) the abolition of the system of contract judges;

(e) the upgrade of the incentives and terms and conditions for Judicial Officials to attract more Gambian legal experts to the Bench;

(f) the establishment of a Communication Unit to provide access to information and raise awareness about the Judiciary and what it offers to the public;

(g) the establishment of additional courts in the region, such as the Children’s Court in Brikama and Basse;

(h) the establishment of three new Cadi (Sharia) Courts to increase access to those courts and to reduce the backlog of cases.

65. Section 33 of the Constitution of the Gambia provides that all persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. The Government has taken numerous measures to promote non–discrimination and equal treatment for all inclusive of vulnerable persons; including persons with disabilities, women, and children.

66. 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.

67. The Government of the Gambia has recently embarked on strengthening planning across the country. Development Planners have been recruited for all the sectors and training programmes on Project Planning and Results Based Management were conducted to enhance the capacity of Development Planners for the effective implementation of National Development Programmes. Accordingly, Regional Development Plans have been developed for 6 regions. The process of rolling out the Integrated Financial Management System to all regions is ongoing.

(16)

68. The implementation of the Programme for Accelerated Growth and Employment was completed in 2016. An end of program review revealed key challenges including inadequate resources to fully implement the plan, weak monitoring and evaluation system and capacity and weak alignment of the programmes/ project to the national budget. The findings and recommendation from the review had informed the development of the new National Development Plan 2018-2021. This plan has identified intervention towards eradication of extreme poverty and hunger. It has gained wide recognition by policy makers and development partners.

69. Since the change of the Government, several policy reforms have been undertaken to improve the country’s economy. These reforms are geared towards improving fiscal management, which has led to reduction in domestic borrowing, reduced interest rates and more resources accessible for the private sector.

70. Several initiatives have also been launched to increase employment and generally improve the living standards of its people. Some of these initiatives are Youth Empowerment Project (YEP); Make it in the Gambia Project (Tekki fii); Children on the Move Project; and She Trades Initiative. All these projects aim to improve economic development by promoting attractive employment and income opportunities particularly for women, children and youth. These initiatives seek to also control irregular immigration.

71. In 2017, with funding support of the EU, the Government launched the Gambia Youth Empowerment Project (YEP) which seeks to address the economic root causes of irregular migration by supporting youth employment and entrepreneurship. The project takes a market-led approach to improving the skills and employability of potential and returning migrants according to demands of the job market and simultaneously creating employment opportunities along Gambian value chains.

72. In January 2019, the Government established a Ministry of Women, Children, and Social Welfare. A Social Protection Secretariat has been set up, and a National Social Protection Policy (2015 – 2025) has been developed. The process of creating a Gender budget code has also commenced. The Gambia National Social Registry will soon be launched and it will aid in the mapping and identification of vulnerable individuals and groups countrywide for a social protection support scheme.

73. A broad range of social protection policy measures is available to address the multidimensional nature of poverty, risks and vulnerabilities affecting people. The National Social Protection Policy (NSPP) advocates a social protection system comprised of four components: protective, preventative, promotional and transformative with a broad categorization of social protection measures across these four components.

Policy development process

74. As part of the preliminary process, it has already been agreed that the following groups would be considered as possible beneficiaries under the Gambia’s social protection programs:

• Extremely poor individuals and households;

• Vulnerable children;

• Elderly;

(17)

• People with disabilities;

• Chronically ill;

• Individuals and families affected by HIV;

• Vulnerable women and youth;

• Refugees and migrants;

• Prison inmates and their families.

Current levels of social protection spending

75. Research has shown that Government social protection and overall expenditure on the social sector is not easy to identify as financing of social protection is not centralized under one budget line. It is allocated in the budget lines of the implementing agencies.

Therefore, these figures are likely to be minimal amounts as there are likely to be social protection elements in the budget document that have not been able to be identified².

Chart of Accounts Activity Monetary Value

212 Social Insurance Contributions 4,697,000

271 Social Security Benefits 100,343,000

282102 Open Scholarships 32,100,000

282 Other 13,500,000

232142 Wells, Waterholes 46,537,000

School Feeding Program (2015) 11,000,000

1605 Community Development Services 14,843,000

22213 Employment Promotion 500,000

2703 Skills Centres 1,466,000

2143 Directorate of Social Welfare 4,738,000

Total 229,724,000

Program Beneficiaries of the Social Protection

76. The following table identifies groups of society who benefit from the current social sector programs.

Category

Standard Health Care

Additional Health Care

Maternity Leave

Paid Sick

Leave Schooling

Educational

Assistance Injury at work

Employed Persons Yes Some Yes Yes Yes Many Yes

Informal Sector Yes No No No Yes Many No

Unemployed Yes No No No Yes Many No

Disabled Yes No No No Yes Perhaps No

Those impacted by HIV/AIDS

Yes Some No No Yes Perhaps No

Extremely poor individuals and households

Yes No No No Yes Perhaps No

Vulnerable children Yes No No No Yes Perhaps No

Elderly Yes No No No Yes N/A No

Chronically ill Yes Some No No Yes Unlikely No

(18)

Category

Standard Health Care

Additional Health Care

Maternity Leave

Paid Sick

Leave Schooling

Educational

Assistance Injury at work Vulnerable women

and youth

Yes Some No No Yes Perhaps No

Refugees and migrants

Perhaps Perhaps No No Perhaps Perhaps No

Prison inmates and their families

Yes Some No No Yes Probably No

77. Currently, implementation of the National Health Policy Framework (NHPF) 2012- 2020 is ongoing.

78. The Policy seeks to ‘promote equity (both gender and territorial) in access and affordability of quality health services, maintain ethics and standards, promote health system reforms and improve staff retention and client satisfaction.’ Other health sector policies currently being implemented include the National Reproductive Health Policy, National HIV/AIDS Policy, the National Nutrition Policy and the National Population Policy and Plan of Action.

79. Provision of primary and secondary health care has expanded significantly with increased immunization, thus reducing mortality rates. Works to improve physical access continues with the upgrading and building of new facilities, staffed with qualified health personnel. This has increased geographical coverage and reduced the distance to the nearest health facility. The 2007 PRSP Progress Report indicated that over 85% and 97% of the population are within 3 km and 5 km of a basic health facility and primary health care post respectively. Antenatal care coverage countrywide is as high as 96% as well as the Reproductive and Child Health (RCH) awareness at96%.³

80. The cost of public health care services remains relatively cheap, as Reproductive and Child Health Services including family planning are provided free of charge. A minimum user charge fee of D25.00 (US$0.50) is paid for outpatient consultations and treatment at all public health facilities. Micronutrient deficiencies, which are a major cause of morbidity and mortality, are being addressed through a nutrition supplementation programme.

Insecticide treated bed-nets are provided free of charge particularly to pregnant and lactating mothers and children under 5 and IPT.

81. Despite Government efforts to make health care and services free, accessible, available and of quality, limited financial and human resources continues to affect the provision of quality service delivery.

82. There are seventy-three (73) health facilities in the eight (8) administrative areas of the country out of which four (4) are General Hospitals built by government (see annexed list).

(19)

83. The Government of the Gambia accords high importance to implementing measures to effectively address health challenges faced by the populace, particularly as it pertains to malaria, HIV, tuberculosis and other related infectious diseases.

84. According to the Demographic and Health Survey (DHS) 2018, the maternal mortality rate is 590 per 100,000 live births. The same report puts the under 5 mortality rate for the same period at 54 per 1,000 live births.

85. The implementation of the National Health Policy Framework (NHPF) 2002-2020 is ongoing. The policy seeks to ‘promote equity (both gender and territorial) in access and affordability of quality health services, maintain ethics and standards, promote health system reforms and improve staff retention and client satisfaction.’ Other health sector policies under implementation include the National Reproductive Health Policy (2017–

2026), National HIV and AIDS Policy (2014-2020), the National Nutrition Policy (2018–

2025) and the National Population Policy and Plan of Action (2007–2017(overdue for review)).

86. Provision of primary and secondary health care has expanded significantly with increased immunization reducing mortality rates. Works to improve physical access continues with the upgrading and building of new facilities, staffed with qualified health personnel. This has increased geographical coverage and reduced the distance to the nearest health facility.

87. In a bid to reduce the prevalence of HIV/AIDS, the Government of the Gambia has adopted a National HIV and AIDS Policy (2014–2020) entitled “Policies and Guidelines on HIV and AIDs, which was followed by the development of a National Strategic Plan (2015–2020) focusing on prevention through education. The main purpose of the 2014–

2020 policy document remains the same in addition to providing universal access to high standards of prevention, treatment, care and support services to affected persons in a conducive environment.

88. Additionally, the Government has engaged in a number of sensitization drives to promote abstinence, condom use and advocate for faithfulness in relationships.

Sensitization is also conducted to advocate for sexual behavior change and for a reduction in the number of sexual partners.

89. The Gender and Women Empowerment Policy 2010-2020 was subjected to midterm review and evaluation in 2018. Although the midterm should have been conducted in 2015, financial constraints prevented this. The findings of the review indicated the inclusion of emerging issues, which, for the first time, resulted in the establishment of the Ministry of Women, Children and Social Welfare and the scaling up of the Gender Management Information System (GMIS) that measures progress on the policy implementation with measurable indicators. The Gender Policy Implementation and Monitoring Committee also meet periodically to review sector level of implementation and report on progress, gaps and recommendations.

90. It is expected that the newly established Ministry of Women, Children and Social Welfare will go a long way in addressing weak coordination, capacity and under-resourced national machinery for the advancement of women and girls. The Ministry recognized the

(20)

slow progress registered so far in the implementation of the Gender and Women Empowerment Policy 2010-2020.

91. The Gambia has taken significant steps to advance the empowerment of women through several legislative acts, policies and programmes, as well as vigorous efforts to ensure gender parity in primary education. Nonetheless, the welfare of Gambian women continues to lag significantly behind that of men. The Government is therefore determined to promote gender equity, equality and empowerment of women and girls for sustained socio-economic development. Under the National Development Plan 2018-2021, the Government will enhance gender mainstreaming, capacity development for women entrepreneurs, and the establishment of a fund to improve women’s access to finance. In addition, there will be legislative reforms and advocacy for enhanced representation and participation in decision-making, and gender-based programmes to reduce violence. Last but not least, there is a determined effort to do away with harmful traditional practices, such as female genital mutilation (FGM) and early forced marriage through effective implementation of the laws prohibiting such harmful traditional practices.

Recommendation 109.121.

92. There is no express provision prohibiting sexual harassment under the Sexual Offences Act 2013. However, Section 6(1) of the Women’s Act extends its protection to physical, sexual, psychological and suffering of women. In addition, Section 26 (c) protects women, especially the girls from all forms of abuse, including sexual harassment in schools and other educational institutions and provide for sanctions against the perpetrators of such practices.

93. As already referred to, sensitization campaigns are conducted by the Government and CSOs with the view to eliminating all forms of SGBV. Furthermore, recognizing the need to complete cases of sexual and gender-based violence in a timely manner, the Ministry of Justice has established a Sexual and Gender-Based Violence Unit comprised of police officers, Social Welfare Officers and prosecutors.

94. Additionally, the ‘one-stop center’ of the Network against Gender-Based Violence seeks to ensure that victims of SGBV are provided with swift and adequate care once a case is reported. It also refers such cases for proper investigation and prosecution and compilation of SGBV data.

95. The action plan on UNSC Resolution 1325 was adopted in 2012 however no timeframe was stipulated at the time. Also, a Committee to implement and monitor the action plan has been commissioned. However, the MoWCSW is currently reviewing the action plan to update it.

Recommendations 109.122, 109.123, 109.124.

(21)

96. Since the enactment of the Domestic Violence Act 2013, the number of complaints lodged by victims of domestic violence in the Gambia cannot be provided as the data is yet to be compiled.

97. According to the 2013 DHS, 4.6% of people aged 15–59 had experienced sexual violence in the 12 months preceding the report.

98. Data collected by Network against Gender Based Violence illustrates as follow the rate of gender-based violence in the country.

99. See table below:

Year Data recorded

2014 (Jan.–Dec.) 382

2015 (Jan.–Dec.) 366

2016 (Jan.–Sept.) 403

2017 (Jan.–Sept.) 334

2018 (Jan.–Dec.) 466

Total 1,951

Source: Network Against Gender Based Violence

(a) 2014 92 sexual violence cases;

(b) 2015 203 sexual violence cases;

(d) 2017 138 sexual violence cases;

(e) 2018 301 sexual violence cases;

(f) A total number of 887 reported cases of sexual violence between 2014-2018;

(g) 2018 89 Economic violence cases reported;

(h) 2018 33 Psychological violence cases reported;

(i) 2018 42 Physical violence cases reported.

100. The Domestic Violence Act provides for compensation to be provided to victims of domestic violence but it is yet to come into effect.

101. No temporary restraining orders have been issued.

102. Currently, the Shelter for the Elderly and Children in Bakoteh is the only place available providing shelter for victims of such forms of violence. However, the Domestic Violence Act provides for protection orders to be given to victims of domestic violence, allowing them to remain in their place of residence without the perpetrator.

103. It must be noted that the enforcement of the Domestic Violence and Sexual Offences Acts is particularly challenging for law enforcement agencies. Due to deep rooted cultural practices among some communities, such cases are mostly unreported. Even where such cases are reported, prosecution of such cases become challenging due to the unwillingness of some families to subject themselves to the court process due to family and societal pressures. Notwithstanding, a number of sensitisation and awareness raising initiatives have been undertaken by the Governmental and non-governmental organisations. The Ministry of Justice in collaboration with UNICEF has conducted a series of nationwide trainings for law enforcement officials on the handling of female victims of violence under the Domestic Violence Act 2013 and the Sexual Offences Act 2013.

104. Furthermore, the creation of a Sexual and Gender Based Unit at the Ministry of Justice seeks to further strengthen the fight against these forms of violence against women and girls.