Gainako Newspaper

.........................................................................PART II
.Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in practice
through periodic, partially free and fair elections held on the basis of
universal suffrage. The constitution provides for democratic elections
of the president and National Assembly every five years. The APRC
remained the dominant political party.

Elections and Political Participation
On September 22, President Jammeh was re-elected for a third term, winning approximately 67
percent of the vote. The main opposition political party, the UDP, challenged the election; however, on
October 20, the courts upheld the election results.

The Commonwealth Observer Group reported that the election result represented an "expression of
the will of the people";" other international observers declared the election partially free and fair, but
noted under-age voting, voting by non-nationals, and biased media coverage in favor of President
Jammeh. Opposition parties criticized these irregularities and stated that the APRC did not adhere to
the code of conduct in the Memorandum of Understanding (MOU) brokered by the Commonwealth in
September 2005. The opposition political parties signed the MOU in September 2005, but the APRC
refused to sign until February.

In January 2005 five opposition parties formed the NADD alliance to contest the presidential election
and the 2007 National Assembly elections. Leaders of the National Democratic Action Movement, the
National Reconciliation Party (NRP), the People's Democratic Organization for Independence and
Socialism, the People's Progressive Party, and the UDP signed a Memorandum of Understanding that
established NADD; however, the UDP and NRP withdrew from NADD before the presidential
election and ran as a separate alliance.

In July 2005 the Supreme Court ordered the four members of the National Assembly who fell under
the newly formed NADD coalition to vacate their seats and run in a special election. In September
2005 three of the four opponents regained their seats in a special election; the member who lost
contested the vote in court, but at year's end the case had still not been heard.

Individuals representing political parties or running as independents could freely declare their candidacy
if their nomination was approved according to the rules of the IEC. On July 17, President Jammeh
named a new chairman for the IEC after former chairman Ndondi Njie was removed on charges of
financial malpractice (see section 1.d.); however, the replacement process was not in accordance with
the rules of the constitution, which states that prior to removing an IEC commissioner for misconduct,
the president must appoint a tribunal of three judges to make an inquiry and report on the facts. The
accused member of the IEC is entitled to appear and be legally represented before the tribunal.
The government arrested members of the opposition during the year (see sections 1.d. and 2.a.).
There were five women in the 53 seat National Assembly; two were elected and three were nominated
by the president. After a cabinet reshuffle, at year's end there were five women in the 15 member
cabinet, including the vice president. There were no statistics available on the percentage of minorities
who compose the legislature or the cabinet. President Jammeh and some members of his administration
were from the previously marginalized minority Jola ethnic group.

Government Corruption and Transparency
Official corruption remained a serious problem, although there were some government efforts to curb it
during the year. The president often spoke out against corruption, and leading political and
administrative figures, including a close ally of the president, faced harsh sentences on charges of
corruption.

The findings of the 2005 Commission of Inquiry into official corruption, commonly known as the "Paul
Commission," were not made public by year's end. In January the high court ordered a stay of
execution on the commission's eviction orders against 20 former senior civil servants and ordered that
the properties in question be restored to their owners. However, the stay of execution was ignored,
and a few days later security forces evicted the former officials from their homes. In June a separate
court reversed the recommendations for one member of the group, former Justice Minister Pap
Cheyassin Secka. The GBA accused Justice Paul of lacking impartiality, and the high court dismissed
the recommendations, charging that they were biased.

The constitution and law do not provide for public access to government information. Under the
Official Secrets Act, civil servants are not allowed to divulge information about their department or to
speak to the press without prior clearance with their head of department.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of
Alleged Violations of Human Rights
A number of domestic and international human rights groups generally operated without government
restriction, investigating and publishing their findings on human rights cases. Government officials were
somewhat cooperative and responsive to their views, although some members of domestic human
rights groups reportedly practiced self censorship in matters related to the government. Amnesty
International expressed concern over the situation of detainees held incommunicado and issued
periodic updates on their status. The government did not respond to these reports. The government
allowed visits by the UN and other international governmental organizations, such as the
Commonwealth Secretariat, but offered no response to reports issued after the visits.
In December 2005 the Office of the Ombudsman established the National Human Rights Unit
(NHRU) to promote and protect human rights and to support vulnerable groups. During the year the
unit's reports focused on social and economic issues, such as gender, welfare, and child labor, and
were not critical of the government.

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, religion, sex, disability, language, or social
status, and the government generally enforced these prohibitions.

Women
Domestic violence, including spousal abuse, was a common problem. Police considered reported
incidents to be domestic issues outside of their jurisdiction. There was no law prohibiting domestic
violence; however, cases of domestic violence could be prosecuted under laws prohibiting rape,
spousal rape, and assault. The penalty for rape is life in prison, and it was enforced. The law against
spousal rape was difficult to enforce effectively, as many did not consider spousal rape a crime and
failed to report it.

The law does not prohibit FGM. The government publicly supported efforts to eradicate FGM and
discouraged it through health education; however, the practice remained widespread and entrenched.
Between 60 and 90 percent of women have undergone FGM. Approximately seven of the nine major
ethnic groups practiced FGM at ages varying from shortly after birth until age 16. FGM was less
frequent among the educated and urban segments of those groups. There were unconfirmed reports of
incidences of health related complications, including deaths, associated with the practice of FGM;
however, no accurate statistics were available. Several NGOs conducted public education programs to
discourage the practice and spoke out against FGM and harmful traditional practices in the media.
During the year the National Assembly Select Committee on Women and Children continued its
campaign against FGM and other harmful traditional practices affecting the lives of women and
children.

Prostitution is illegal but was a problem, especially in the tourist areas. The government expelled
numerous foreign prostitutes. The Tourism Offences Act deals with increasing incidents of tourism
related offenses, including sex tourism. The act prohibits child prostitution, trafficking, and
pornography. No prosecutions or convictions were made under the Act during the year.
There are no laws against sexual harassment. Although individual instances have been noted, sexual
harassment was not believed to be widespread.

Traditional views of women's roles resulted in extensive societal discrimination in education and
employment. Employment in the formal sector was open to women at the same salary rates as men.
No statutory discrimination existed in other kinds of employment; however, women generally were
employed in such pursuits as food vending or subsistence farming.

Shari'a law is applied in divorce and inheritance matters for Muslims, who make up more than 90
percent of the population. Women normally received a lower proportion of assets distributed through
inheritance than did males. The appropriate church and the Office of the Attorney General settled
Christian and civil marriage and divorce matters.

Marriages often were arranged and, depending on the ethnic group, polygamy was practiced. Women
in polygamous unions had property and other rights arising from the marriage. They also had the option
to divorce but no legal right to approve or be notified in advance of subsequent marriages. The
Women's Bureau, which is under the Office of the Vice President, oversees programs to ensure the
legal rights of women. Active women's rights groups existed.

Children
The government was committed to children's welfare. Although the Department of Education and the
Department of Health and Social Welfare were the most generously funded government departments,
lack of resources limited state provision of education, health, and social services. The Department of
Education financed teachers' salaries and the construction of schools but was unable to properly equip
the schools. The Social Welfare Unit of the Department of State for Health and Social Welfare
received a very small allocation, as most of the department's money went towards salaries for health
care professionals and the operation of hospitals and health centers across the country. These
budgetary constraints limited the resources available to support children's welfare.

The constitution and law mandate free, compulsory primary education up to eight years of age, but the
inadequate educational infrastructure prevented effective compulsory education, and children still must
pay school fees. During the year the government estimated that 75 percent of children were enrolled in
primary schools. Another 15 percent were enrolled in the Islamic schools called "madrassas." Girls
constituted approximately 51 percent of primary school students and roughly one third of high school
students. The enrollment of girls was low, particularly in rural areas where a combination of poverty
and sociocultural factors influenced parents' decisions not to send girls to school. As part of the
government's ongoing initiative to get girls to go to school, the government continued to implement a
countrywide program to pay basic school fees for all girls, a Scholarship Trust Fund scheme that began
in two regions 1998 and reached all six regions nationwide in 2003; however, in two urban regions,
girls still were required to pay for books, school fund contributions, and exam fees.

In June 2005 the government passed the Children's Act, which is designed to protect and promote the
welfare of children and to curb abuses against children, including trafficking in persons. In February the
first of five regional children's courts was established under the Act and held its first session on March
2. The court met in camera on a weekly basis throughout the year. The court has jurisdiction to hear all
adoption, custody, maintenance, parentage, special, and criminal cases affecting children, except for
the offense of treason where the child is jointly charged with adults. Although several criminal cases
were heard regarding rape and abuse, no convictions occurred under the Children's Act during the
year.

Authorities generally intervened when cases of child abuse or mistreatment were brought to their
attention; however, there was no societal pattern of abuse against children. Any person who has carnal
knowledge of a girl under the age of 16 is guilty of a felony (except in the case of marriage, which can
be as early as 12 years of age). Incest also is illegal. These laws generally were enforced. Serious
cases of abuse and violence against children were subject to criminal penalties.

On July 23, a government shelter for children, including victims of trafficking, began operating in the
Greater Banjul Area. The Department of Social Welfare indicated they were able to admit only around
100 children to the shelter at a time, and that several children had to be turned away due to funding
constraints.

Trafficking of children for prostitution was a problem (see section 5, Trafficking). Child labor was a
problem (see section 6.d.). The Child Protection Alliance (CPA), a consortium of national and
international organizations that promote the protection of children from abuse, conducted countrywide
awareness campaigns for community and religious leaders on children's rights. Throughout the year, the
CPA organized sensitization conferences and workshops for various groups such as lawyers, teachers,
parents, media practitioners, and religious leaders around the country.

Trafficking in Persons
The 2005 Children's Act prohibits trafficking in children; however, no law protects persons over the
age of 18 from trafficking. Trafficking occurred, and the government considered it a serious problem.
The country was a source, transit point, and destination for trafficked persons. The number of persons,
mostly children, trafficked for commercial sexual exploitation was small but growing.

The penalty for trafficking in children (anyone under the age of 18) is life in prison, along with a
substantial monetary fine. Enforcement of the act is primarily the responsibility of the Tourism Security
Unit, a unit of the national army created specifically to enhance security in the tourism sector and keep
minors out of the resort areas. There were no prosecutions under this law during the year.

In 2004 a joint UN Children's Fund (UNICEF) government study reported that children engaged in
prostitution in the main tourist resort areas were predominantly underage, some as young as 12. The
report stated that the country attracted suspected or convicted European pedophiles who entered the
country as tourists and committed their crimes against children with impunity. Victims of trafficking
were children of both sexes, normally under 18 years of age. Trafficking victims mostly came from
conflict ravaged countries, such as Liberia and Sierra Leone. Victims from Senegal, Guinea Bissau, and
Sierra Leone told CPA that foreign residents obtained permission from their home country families to
employ them as bar waitresses or domestic maids. After their arrival the local employers informed the
victims that their duties entailed commercial sex work.

Some child prostitution victims stated they worked to support their families, or because they were
orphans and their guardian/procurer supported them. The guardian/procurer often assumed the role of
the "African uncle," allowing the children to live in his compound with their younger siblings or paying
school fees on their behalf in return for their servitude.

There was no evidence of government involvement at any level in trafficking in persons.
While the government had no established victim care and health facilities for trafficked persons, it
provided temporary shelter and access to medical and psychological services to reported victims of
trafficking.

The government's multi agency trafficking in persons taskforce, which also included representatives
from UNICEF, the National Assembly, and the CPA, met throughout the year. On August 25, the
CPA began broadcasting public awareness messages about child trafficking on radio and television as
part of an outreach campaign. On December 19, the Child Rights Unit of the Department of State for
Justice held a UNICEF funded conference and workshop on trafficking for officers from the police and
security and intelligence services.

Persons with Disabilities
Although the constitution protects persons with disabilities against exploitation and discrimination, no
government agency is directly responsible for protecting persons with disabilities. The Department of
State for Social Welfare dealt mainly with supplying some persons with disabilities with wheelchairs
received from international donors. No legal discrimination against persons with physical disabilities
existed in employment, education, or other state services; however, some societal discrimination
existed towards persons with disabilities. Persons with severe disabilities subsisted primarily through
private charity. Persons with less severe disabilities were accepted fully in society, and they
encountered little discrimination in employment for which they physically were capable. There were no
laws to ensure access to buildings for persons with disabilities, and very few buildings in the country
were specifically accessible to persons with disabilities.

During the year a government attempt to remove beggars, many of whom have disabilities, from the
streets had adverse effects on these persons. The NHRU specifically sought to promote the rights of
women with disabilities. The issue of the rights of persons with disabilities attracted press coverage
throughout the year, and several NGOs sought to improve awareness of these rights, including
encouraging the participation of persons with disabilities in sports and physical activities. Persons with
disabilities were given priority access to polling booths on voting day.

Other Societal Abuses and Discrimination
There was evidence of societal discrimination against persons infected with the HIV/AIDS virus.
Stigma and discrimination hindered disclosure and led to rejection from partners and relatives. In some
cases persons infected with HIV/AIDS were prevented from meeting visitors. The government took a
multi-sectoral approach to fighting HIV/AIDS and updated the National Strategic Plan, which provides
for care, treatment, and support to persons living with, or affected by, HIV/AIDS, and the protection
of the rights of those at risk of infection. The National AIDS Secretariat (NAS), whose goal is to
promote public awareness of HIV/AIDS, sponsored a television sensitization campaign during the year
to educate people about HIV/AIDS and prevent discrimination. Also, from October 2-6, NAS and
the local UN Development Program jointly held the second annual partnership conference on
HIV/AIDS, which focused on the education sector response to HIV/AIDS.

There were no discriminatory laws based on sexual orientation; however, there was societal
discrimination based on sexual orientation, which remained a social taboo.

Section 6 Worker Rights

a. The Right of Association
The Labor Act, which applies to all workers, including foreign or migrant workers, except civil
servants, specifies that workers are free to form associations, including trade unions, and workers
exercised this right in practice. Unions must register to be recognized, and there were no cases where
registration was denied to a union that applied for it. The act specifically prohibits police officers and
military personnel, as well as other civil service employees, from forming unions. Approximately 20
percent of the work force was employed in the modern wage sector, where unions were most active.
Employers may not fire or discriminate against members of registered unions for engaging in legal union
activities, and the government intervened to assist workers who were fired or discriminated against by
employers.

b. The Right to Organize and Bargain Collectively
The law permits unions to conduct their activities without interference; however, it was widely felt that
the government would not tolerate industrial action. Unions were able to negotiate without government
interference; however, in practice the unions lacked experience, organization, and professionalism, and
often turned to the government for assistance in negotiations. The law allows workers to organize and
bargain collectively, and although trade unions were small and fragmented, collective bargaining took
place. Union members' wages, which generally exceeded legal minimums, were determined by
collective bargaining, arbitration, or agreements reached between unions and management. The Labor
Act also sets minimum contract standards for hiring, training, and terms of employment and provides
that contracts may not prohibit union membership.

The law authorizes strikes but also places restrictions on strikes by requiring unions to give the
commissioner of labor 14 days' written notice before beginning an industrial action (28 days for
essential services); no strikes occurred during the year. The law specifically prohibits police officers
and military personnel, as well as other civil service employees, from striking. The police and military
had access to a complaints unit, and civil servants could take their complaints to the Public Service
Commission or the Personnel Management Office.

Upon application by an employer to a court, the court may prohibit industrial action that is ruled to be
in pursuit of a political objective. The court also may forbid action judged to be in breach of a
collectively agreed procedure for settlement of industrial disputes. It prohibits retribution against
strikers who comply with the law regulating strikes.
There is a government established export processing zone (EPZ) at the port of Banjul and the adjacent
bonded warehouses. The labor code covers workers in the EPZs, and they were afforded the same
rights as workers elsewhere in the economy.

c. Prohibition of Forced or Compulsory Labor
The constitution and law prohibit forced or compulsory labor, including by children; however, there
were reports that such practices occurred (see section 5).

d. Prohibition of Child Labor and Minimum Age for Employment
Child labor was a problem, although the constitution protects children less than 16 years of age from
economic exploitation, and the Children's Act protects children, defined as those under the age of 18,
from exploitative labor or hazardous employment. The Act also sets the minimum age of 12 years for
engaging in apprenticeships in the informal sector. There was no effective compulsory education, and
because of limited secondary school openings, most children completed formal education by the age of
14 and then began work. Child labor protection does not extend to youth performing customary
chores on family farms or engaged in petty trading, as child labor in informal sectors is difficult to
regulate and laws implicitly apply only to the formal sector. In rural areas most children assisted their
families in farming and housework. In urban areas many children worked as street vendors or taxi and
bus assistants. There were a few instances of children begging on the street. The tourist industry
stimulated a low, but growing, level of child prostitution (see section 5). Employee labor cards, which
include a person's age, were registered with the labor commissioner, who was authorized to enforce
child labor laws; however, enforcement inspections rarely took place. The Department of Labor under
the Department of State for Trade and Employment was responsible for implementing the provisions of
the International Labor Organization (ILO) Convention 182 on the worst forms of child labor. The
2003 Tourism Offences Act incorporates ILO provisions outlawing child prostitution and pornography;
however, the government generally was ineffective in enforcing those provisions.

e. Acceptable Conditions of Work
Minimum wages and working hours are established by law through six joint industrial councils,
comprising representatives from labor, management, and the government. The lowest minimum wage
according to law was approximately $0.70 (19.55 dalasi) per day for unskilled labor, but in practice
the minimum wage was approximately $1.79 (50 dalasi). The national minimum wage did not provide a
decent standard of living for a worker and family. The minimum wage law covered only 20 percent of
the labor force, essentially those workers in the formal economic sector. A majority of workers were
employed privately or were self employed, often in agriculture. Most citizens did not live on a single
worker's earnings and shared resources within extended families. The Department of Labor is
responsible for enforcing the minimum wage and it did so when cases of underpayment were brought
to its attention.

The basic legal workweek is 48 hours within a period not to exceed six consecutive days. Nationwide,
the workweek included four eight hour workdays and two four hour workdays (Friday and Saturday).
There are no limits on hours worked per week and no prohibition on excessive compulsory overtime.
A 30 minute lunch break is mandated. Government employees are entitled to one month of paid annual
leave after one year of service. Most government employees were not paid overtime. However,
government workers holding temporary positions and private sector workers received overtime
calculated per hour. Private sector employees received between 14 and 30 days of paid annual leave,
depending on length of service.

The law specifies safety equipment that an employer must provide to employees working in designated
occupations. The law also authorizes the Department of Labor to regulate factory health and safety,
accident prevention, and dangerous trades, and to appoint inspectors to ensure compliance with safety
standards. Enforcement was inconsistent due to insufficient and inadequately trained staff. Workers
may demand protective equipment and clothing for hazardous workplaces and have recourse to the
labor department. The law provides that workers may refuse to work in dangerous situations without
risking loss of employment; however, in practice authorities did not effectively enforce this right.
The law protects foreign workers employed by the government; however, it only provides protection
for privately employed foreigners if they have a current valid work permit.

© Copyright, 2006-2007: Gainako On-line Newspaper. Site Maintained by Gamway Computers