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Gainako on-line Newspaper (GON) Motto: Guardianship & Independence |
Quote of the Day " It is not these well-fed long-haired men that I fear, but the pale and the hungry-looking." - Julius Caesar |
NEWS FLASH JAMMEH ADDS 27 MORE HIV PATIENTS; FIRST BATCH NOT YET RELEASED 60+ DAYS INTO TREATMENT!!! From our reliable Banjul Correspondence............Posted March 16th, 2007 |
Gainako is closely monitoring President Jammeh's treatment of HIV Patients since the last time he made the announcement that he has found a cure for the disease. Our editors have identified a special source to give our readers an inside update of the Patient's movement and progress. Below is the latest report from our sources. Please stay tune for more information on the President's treatment Reliable sources reaching Gainako from Banjul reported that contrary to President Jammeh's claim to treat and release his first batch of patients in 10 days, none of the first batch of patients are yet to be released. The source reported that an additional 27 people have been added on to the treatment list, which puts the total to 36 patients altogether being treated by the President. Most of the patients being treated are mainly females of different age groups. Our reliable sources reported that the President is having difficulty in securing a place for his patients to be tested after treatment. It could be recalled that the first test were carried by The Sheikh Anta Jobe University in Dakar located in neighboring Senegal. The University in Dakar is reportedly not willing to take any further research with the blood samples. The head of science and research department said his department would not allow or take any further research, because doing so would really put the integrity of the university at stake. The controversial test results presented by the Secretary of State for Health Dr. Mbowe as evidence of the patients responding positively to treatment has now come out with a dark cloud over it. Sheick Anta Jobe University claimed that the test was done without full disclosure of the purpose of the test. The science lab at the university did not know exactly what the test was intended for until after the fact. It was further feared that the blood samples could have been tempered with some where before reaching the lab. As a result, they will no longer conduct any test from the said HIV treatment. The well reputable and highly respected Sheikh Anta Jobe University is wary about loosing its world reputation with Jammeh's conflicting HIV treatment issues. University officials worry that the world's attention may mainly focus on this particular case instead of their long history of credible and scholastic research. It is being speculated that the President might turn to Egypt or Morocco where the wife of the President is from as the likely next place to conduct the second test. This speculation is yet to be confirmed by State House or ministry of health officials. Gainako's highly confidential source noted that the President's herbal medicine treatment requires daily physical application and there is no other person assisting with the treatment except Jammeh himself. As a result of the increasing patient load, Jammeh moves his patients to his home village com capital Kanilai when ever he goes there over the weekend. This, off course requires a full bus load of patients to be transported back and fort as the Presidents moves. Last weekend March 10, the patients were in Kanilai from Saturday to Monday. ............... HUMAN RIGHTS .......RECORDS IN THE GAMBIA ............................................A Report By the US State Department............Posted March 15th, 2007 ........................................................................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 |