Gasa,

I am reproducing the whole article and read through,you will find my
quotation,it seems you did not even know that this report exist from the State
Department or else some one is marking fool of us by posting to the G/L a
false document.Have a nice day.

For Freedom
Saiks





Gambia, The Country Reports on Human Rights Practices - 2001 Released by the
Bureau of Democracy, Human Rights, and Labor March 4, 2002 The Gambia is ruled
by President Yahya A.J.J. Jammeh, the former chairman of the Armed Forces
Provisional Ruling Council (AFPRC) that seized power in a military coup in
1994, deposing a democratically elected government . On October 18, Jammeh was
reelected president for 5 years in an electio n the results of which the
opposition initially accepted and observers co nsidered generally free and
fair, despite some shortcomings. Jammeh won a simple majority of 53 percent of
the total votes cast. Two of the 13 mem bers of the existing Cabinet are
retired army officers who were President Jammeh's political allies during or
immediately following the coup. The Government in part relies on the security
forces to implement its policie s. In 1997 the Constitution of the Second
Republic came into effect, rest oring formal constitutional government, and
citizens chose a National Ass embly in elections, the results of which
generally were accepted by the o pposition. Jammeh's party, the Alliance for
Patriotic Reorientation and C onstruction (APRC), won 33 of the 45 assembly
seats filled by election. T he Constitution provides for an independent
judiciary; although the court s have demonstrated their independence on
occasion, the judiciary, especi ally at lower levels, reportedly is subject to
executive branch pressure. The Gambian National Army (GNA) reports to the
Secretary of State for Def ense, a position that is held by the President. The
police report to the Secretary of State for the Interior. The National
Intelligence Agency (NI A) reports directly to the President but otherwise is
autonomous. The NIA is charged with protecting state security by conducting
intelligence and covert investigations. These forces generally are responsive
to the Gove rnment; however, they occasionally act without direct orders.
Members of the security forces committed serious human rights abuses. The
rapidly growing population of approximately 1.4 million is divided be tween a
rural majority and a growing urban minority. Much of the populati on is
engaged in subsistence farming. The country's farmers, a majority o f whom are
women, grow rice, millet, corn, and groundnuts (peanuts), the country's
primary export crop. Tourism, trading, and fisheries are the le ading private
sector industries. The high population growth rate has dilu ted the positive
effects of modest economic expansion. Per capita gross d omestic product is
estimated to be $330 (5,610 dalasi). The Government's human rights record was
poor, and although there were im provements in several areas, serious problems
remained. Citizens exercise d their right to change their government in the
October presidential elec tion, which most observers considered relatively
free and fair. Security forces committed several extrajudicial killings and
beat, harassed, or ot herwise mistreated journalists, detainees, and
prisoners. There also were reports that security forces beat military and
security detainees. There were no reports that security prisoners were
threatened with summary exe cution. Government harassment of the opposition
continued. The Government established a commission to examine the findings of
a coroner's inquest into killings of 14 persons by security forces in April
2000; however, th e Government rejected the commission's findings and decided
that no one w ould be prosecuted. During the year, the National Assembly
passed and the President signed a law that allows the President to "for the
purpose of promoting reconciliation in an appropriate case, indemnify any
person he may determine, for any act, matter or omission to act, or things
done or purported to have done during any unlawful assembly, public
disturbance, riotous situation or period of public emergency." In previous
years, cond itions at Mile 2, Janjanbureh, and Jeshwang prisons were believed
to be v ery poor, based on anecdotal evidence; however, during the year, the
Inte rnational Committee for the Red Cross (ICRC) visited the Mile 2 and Jeshw
ang prisons and found that the conditions were good. Detainees, unlike lo
ng-term prisoners, continued to complain that they were tortured. Securit y
forces arbitrarily arrested and detained citizens, particularly opposit ion
politicians, human rights activists, and journalists. Some of the det ainees
alleged harsh treatment while being arrested and detained, and the re were
reports of incommunicado detention. The courts reportedly are sub ject to
executive branch pressure, particularly at lower levels, although magistrates
occasionally demonstrated some independence by ruling agains t the Government.
There was one known political prisoner. The Government at times infringed on
citizens' privacy rights. The Government significantly limited freedom of
speech and of the press, and security forces arrested and detained persons who
publicly criticized the Government or who expressed views in disagreement with
the Governmen t. Journalists practice self-censorship. The Government at times
restrict ed freedom of assembly and association; however, there were no
reports th at the Government denied opposition parties permits to hold rallies
durin g the year. In July the Government repealed Decree 89, which had banned
t hree major opposition political parties and all former presidents, vice p
residents, and ministers from political activity until 2024. Following th e
repeal, the parties resumed their activities. The Constitution provides for
freedom of movement but allows for "reasonable restrictions," which the
Government at times enforced. Violence and discrimination against wom en
persisted. The practice of female genital mutilation (FGM) is widespre ad and
entrenched. Child labor was a problem, and there were some instanc es of child
prostitution. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of
the Person, Including Freedom From : a. Arbitrary or Unlawful Deprivation of
Life On occasion security forces committed extrajudicial killings. On January
16, soldiers shot and killed a soldier in plain clothes who th ey mistook for
a drug trafficker in Omorto, a small border village in the Western Division.
On January 19, soldiers shot and killed Faburama Manne h and seriously injured
Musa Sallah, while trying to apprehend them in Om orto. The victims were
traveling from neighboring Casamance, Senegal, int o the country on a motor
bike, allegedly carrying cannabis. Following the se incidents, the army
announced that none of the soldiers would be arres ted or found liable for
taking part in the shootings. On October 16, security forces shot and killed
United Democratic Party (U DP) supporter Ousman Ceesay after a clash erupted
in Talingding between t he supporters of the ruling APRC and the opposition
UDP on the last day o f official campaigning for the presidential elections
(see Section 3). Ac cording to eyewitnesses, security forces deployed in the
area to disperse the crowd shot Ceesay at point blank range, killing him
instantly. Follo wing the shooting, angry UDP supporters stormed the nearby
APRC National Assembly Member's house and set it on fire in protest. The
incident prece ding Ceesay's death was not investigated, and no one was
arrested by year 's end. Security forces shot and killed several persons at
checkpoints during the year (see Section 2.d.). For example, on January 10,
soldiers killed Bak ary Ceesay at Omorto when they shot at his vehicle, which
allegedly conta ined locally grown cannabis, after Ceesay reportedly refused
to stop his vehicle at the checkpoint. On October 30, soldiers shot and killed
Hussei n Wasni, a Lebanese visitor, at a checkpoint on the Kombo Coastal Road
fo r failing to stop his vehicle. No action was taken against the soldiers b y
year's end. The Government established a commission to examine the findings of
a coro ner's inquest into the killings of 14 persons by security forces in
April 2000; however, the Government rejected the commission's findings and dec
ided that no one would be prosecuted (see Section 1.c.). In March 2000, Ebrima
Barry, a student, died after fire department person nel took him into custody
and beat him (see Section 1.c.). In March seven firefighters were acquitted in
the killing on the grounds that the charg es against them were not proved
beyond a reasonable doubt. No action was taken, nor is any likely, against the
members of the securi ty forces responsible for killing at least 14 persons
while forcibly disp ersing a demonstration in April 2000 (see Section 1.c.) or
in the January 2000 killing of two military personnel. There were no
developments in the 1999 killings allegedly committed by th ree members of the
Movement of Democratic Forces for the Casamance. b. Disappearance There were
no reports of politically motivated disappearances. c. Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment The Constitution forbids
such practices; however, security forces sometim es beat or otherwise
mistreated detainees and prisoners. There also were reports that security
forces beat military and security detainees. Severa l opposition supporters
claimed that they were tortured while in detentio n (see Section 1.d.). Unlike
in previous years, there were no reports tha t security forces threatened
prisoners with summary execution. Police officers harassed and beat
journalists during the year (see Sectio n 2.a.). Security forces shot and
injured several persons during the year (see Sec tion 1.a.). For example, on
January 29, security forces shot and injured three men allegedly in possession
of cannabis in Latrikunda. On February 16, John Senesie, a Sierra Leonean
teacher, reported that sol diers brutalized and injured him at the West Field
Junction, when his bic ycle nearly collided with a military truck. After
presenting his ID card to the soldiers, they accused him of being a rebel who
willfully intended to hit the truck. Senesie claimed that he was punched
severely on his si des, kicked, and beaten with rifle butts by the soldiers.
No action was t aken against the soldiers by year's end. On April 14, a police
officer named Bojang beat a 17-year-old Sukuta Seco ndary School student,
Brian Secka, following a fight at a football field in Sukuta, near Bojang's
compound. Youths in Bojang's neighborhood had or ganized a football match,
during which a fight broke out and the youths b egan throwing stones at each
other. When Secka went to collect his younge r brother from the field, Bojang
came out of his compound and accused Sec ka of throwing stones in his
compound. Bojang took Secka to the Serrakund a Police Station where he was
detained for several hours and allegedly se verely beaten. No action was taken
against the officer by year's end. On June 12, in Basse Upper River Division
(URD), paramilitary officers ar rested, detained for several hours, and
severely beat Pa Moo Sallah, Ousm an Sowe, and Sang Gaswell, three athletes
from Kanifing, after a volleyba ll match during which the students were
accused of inciting trouble. The athletes were participating in the National
Youth Conference. It was repo rted that some celebrating Kanifing fans taunted
a female paramilitary of ficer as she beat a woman in their midst. The
encounter led to a fight, a nd the officer's helmet and stick disappeared.
Other paramilitary officer s arrived at the scene in riot gear and started
beating and chasing membe rs of the crowd. Credible eyewitnesses saw more than
seven youths injured . Those who sustained injuries were evacuated to the
Basse Health Center. Armed soldiers at times harassed and detained citizens
and foreigners at gunpoint, particularly at the Denton Bridge checkpoint
outside of Banjul (see Section 2.d.). On October 12, while addressing a
political rally in Brikama, President J ammeh threatened that opposition
members seen with dangerous weapons woul d be shot. The threat came after
skirmishes between UDP supporters and AP RC supporters that resulted in
injuries and property damage. On April 10, 2000, Gambia Student Union (Gamsu)
members attempted to hold a peaceful demonstration to protest the alleged
mishandling of the inves tigation into the death of a student while in the
custody of fire officer s (see Section 1.a.), and the alleged rape of a
13-year-old schoolgirl by an unidentified man in uniform. When police
attempted to stop the demons tration, the student demonstrators burned tires
and threw stones. In resp onse security forces shot at the demonstrators,
killing 14 students and i njuring many others, and arrested hundreds of other
students (see Section 1.d.). In January a government commission established to
look into the f indings of the coroner's inquest submitted its report. The
report recomme nded that the Minister of Interior, Ousman Badjie, and three
top police o fficers should accept responsibility for the incident on April
10-11, 200 0; that some police intervention unit personnel deployed where the
shooti ng and killings happened should assume responsibility for the deaths
and injuries; and that seven student leaders of Gamsu should be prosecuted. On
January 26, following the submission of the government commission's re port,
the Government announced that it disagreed with the recommendations of the
commission and, in the spirit of reconciliation, nobody would be prosecuted.
Human rights activists and a coalition of lawyers severely cr iticized the
Government for its position, arguing that the Government, in effect, was
supporting impunity. The coalition urged the Government to r econsider its
position on the report and to take concrete steps to bring those responsible
for the deaths and injuries to justice. On April 18, af ter a heated debate,
the National Assembly approved a very controversial Indemnity Bill, which was
backdated to January 2000. The opposition and f ive ruling APRC National
Assembly members voted against the bill, arguing that it was unconstitutional.
The coalition of lawyers and some National Assembly members said that the
bill, which was passed to amend the Indem nity Act of 1982, would deny persons
their right of access to justice. Th e bill read: "The President may, for the
purpose of promoting reconciliat ion in an appropriate case, indemnify any
person he may determine, for an y act, matter or omission to act, or things
done or purported to have don e during any unlawful assembly, public
disturbance, riotous situation or period of public emergency." In May the
President signed the bill, despit e a general outcry and petitions from human
rights organizations. The leg islation prevents those affected, including
parents of children killed on April 10-11, 2000, from seeking redress in any
court in the country. There reportedly was no action taken against the
responsible members of t he security forces, police, or government officials
who tortured, beat, r aped, or otherwise abused persons in the following
cases: The May 2000 be ating of a journalist from the Democratic Republic of
the Congo; the Janu ary 2000 mistreatment of Ousman Ceesay; and the 1999 case
of an alleged s evere beating and torture of an opposition politician who was
arrested an d detained for 2 days. There were at least nine complaints of
violent incidents between Septembe r 26 and the presidential election on
October 18 (see Section 3). For exa mple, on October 3, APRC supporters and
opposition alliance supporters cl ashed in Farafeni in the central part of the
country, injuring several pe rsons and destroying several shops. There were
reports that civilian memb ers of the APRC assaulted opposition supporters and
attacked their houses after the presidential election results were announced.
Unlike in the previous year, there were no reports of the allegedly disba nded
progovernment July 22 youth movement attacking UDP members at politi cal
rallies. In previous years, conditions at Mile 2, Janjanbureh, and Jeshwang
prison s were believed to be very poor, based on anecdotal evidence. However,
du ring the year, the ICRC visited Mile 2 and Jeshwang prison and found that
the conditions were good. Prisoners received three meals a day, each pri son
had an infirmary, and outside doctors were brought in to provide addi tional
medical care when required. However, the ICRC also noted that the
psychological conditions of the prisons were "hard;" for example, maximum
security prisoners were confined to small, individual cells for 21 hours a day
and were allowed few family visits. There were credible reports of beatings
and malnourishment of detainees; however, there were no reports of harsh
treatment of long-term prisoners. Local jails continued to expe rience
overcrowding. Inmates, including detainees awaiting charges and th ose who
were charged and awaiting trial, occasionally had to sleep on the floor; they
were provided with mats or blankets. Police are reluctant to terminate
fistfights between prisoners until the dispute is settled, and many of the
prisoners are injured. Women and juveniles are housed separa tely. Pretrial
detainees are held in separate sections at Mile 2 and Jesh wang prisons. There
is no special section or facility for political priso ners; there is only one
known political prisoner. Local nongovernmental organizations (NGO's)
generally are permitted to vi sit prisons upon request. A member of the
African Commission on Human and Peoples' Rights and the U.N. Special
Rapporteur on Prisons and Condition s of Detention in Africa visited the three
prisons during the year. The I CRC visited prisons several times during the
year; however, they only had access to Mile 2 and Jeshwang, and did not have
access to short-term det ainees at police stations and the NIA. d. Arbitrary
Arrest, Detention, or Exile The Constitution includes provisions to protect
against arbitrary arrest and detention; however, police and security forces
arbitrarily arrested a nd detained citizens. Periods of detention ranged from
a few hours to sev eral weeks. Several claimed that they were tortured while
in detention (s ee Section 1.c.). There were reports that some detainees were
held incomm unicado. The Government has not revoked formally military decrees
enacted prior to the 1997 Constitution that give the NIA and the Secretary of
State for t he Interior broad power to detain individuals indefinitely without
charge if "in the interest of national security." The Constitution provides
tha t decrees remain in effect unless inconsistent with constitutional provis
ions. These detention decrees appear to be inconsistent with the Constitu
tion, but they have not been subject to judicial challenge. The Governmen t
has stated that it no longer enforced these decrees; however, in some i
nstances, the Government did not respect the constitutional requirement t hat
detainees be brought before a court within 72 hours. Detainees often were
released after 72 hours and instructed to report to the police stati on or NIA
headquarters periodically until their case goes to trial. Durin g the year,
many local police stations and the NIA changed their procedur es and practices
to satisfy the constitutional requirement that any detai nee be released or
charged within 72 hours. The law requires that authori ties obtain a warrant
before arresting a person; however, persons often a re arrested without them.
Detainees are not always allowed prompt access to family members or a lawyer.
There is a functioning bail system. Police arrested and detained opposition
party supporters, many of whom cl aimed that they were tortured while in
detention; the Government has deni ed these claims. For example, on March 31,
police arrested seven UDP supp orters from Badibu Salikeni, North Bank
Division (NDB), and detained them at the Farafine Police Station for 3 days
following a by-election victor y of the UDP candidate in the Badibu
constituency. UDP supporters were ce lebrating in the compound of the elected
UDP candidate when APRC supporte rs asked them to stop. Fighting ensued, and,
according to APRC supporters , UDP supporters beat one ARPC member. Police
charged the seven UDP suppo rters with assault and criminal trespassing and
released them on bail of $58 (1,000 dalasi) each; the APRC supporters were not
arrested. The UDP c andidate said the arrests and detention of his supporters
were motivated politically and baseless, as some of those accused were not
present durin g the incident. The supporters never were charged; they were
released on bail and instructed to report to the police regularly. On April
24, UDP activist Kassa Jatta was arrested in Bakau and detained at the NIA
headquarters in Banjul for 10 days. He was accused of criticiz ing President
Jammeh's foreign policy in an article he wrote in a local n ewspaper. The NIA
released Jatta on bail of $18,000 (300,000 dalasi). Jat ta claimed that NIA
officers tortured him and held him incommunicado. On August 29, police
arrested and detained Jatta for the second time at the Police Crime Unit in
Banjul for allegedly trying to disrupt a planned APR C rally in Bakau. Jatta
was detained for 1 day and released without charg e; Jatta accused the police
of illegal detention. On May 5, police in Bantanto village, Central River
Division (CRD), arres ted 10 UDP supporters for allegedly playing a UDP
political rally videoca ssette on the Bantanto Community Television. Militants
of the ruling APRC reported them to the police in Bansang (CRD). After 4 hours
of interroga tion, eight UDP supporters were released without charge, and two
were cha rged with breach of peace. The trial of the two supporters who were
charg ed was ongoing at year's end. On September 14, Musa Fatty, a UDP
militant of Kerewan Samba Sire village in CRD, was arrested and detained at
the Brikama-Ba Police Station for 7 hours and released without charge. Fatty
was arrested for hoisting UDP f lags along the highway while the presidential
convoy was approaching the village, and he reported that the police slapped
him while in detention a nd that he was kept without food and water. On
October 6, police arrested Omar Jallow, a UDP supporter, in his home i n
Fajara following an alleged assault on an APRC supporter, Salsa Faal of Ebo
town, on October 2. Jallow's opponents reported to the police that h e had
instigated UDP supporters to beat Salsa Faal. Police detained him a t the
Fajara police station for 7 hours without charge; and Jallow report ed to the
police station for 3 consecutive days. His case was raised twic e in the
Kanifing Magistrates court, and the trial was pending at year's end.
Approximately 2 days after the October presidential election, police arre sted
more than 80 UDP supporters and detained them at various police stat ions
throughout the country. After nearly 2 weeks, all but 33 detainees h ad been
released without charge, and the rest were released by year's end . Charges
levied on other UDP supporters included assault causing injurie s, public
disorder, and willful damage to properties of ruling APRC suppo rters
allegedly resulting from clashes between supporters of the two part ies during
the presidential campaign. The UDP filed a suit in the High Co urt to
challenge the legality of the continued detention of its supporter s. On
October 31, the case was heard and adjourned, and on November 9, mo st of the
remaining UDP supporters were released on bail. UDP attorneys p rotested that
the bail arrangement was unconstitutional because many of t he detainees never
had been charged with any crime. No trial was held. Th ose arrested included
Dr. Momodou Lamin Manneh, an opposition supporter, Citizen FM Radio director
George Christensen, and Muhammed Lamin Sillah f rom Amnesty International (see
Sections 2.a. and 4); the NIA released all without charge except for Sillah.
Sillah was held incommunicado and rele ased after he was charged with inciting
genocide and confusion and attemp ting to overthrow the Government; he was not
tried. Security forces detained persons who expressed views in disagreement
with the Government (see Sections 2.a. and 2.c.). For example, on April 10, A
lahie Nybally, former vice president of Gamsu, was arrested and detained
incommunicado for 2 days without charge at NIA headquarters, after delive ring
a speech at the Gambia Technical Training Institute in Kanifing comm emorating
the April 2000 student demonstration (see Sections 1.a. and 1.c .). Nybally
criticized President Jammeh's response to the April 10-11 inc idents. He
claimed that he was tortured and beaten by NIA officers. Security forces
arrested persons for allegedly plotting to overthrow the Government. For
example, in August the NIA arrested and detained former p olice commander Kulu
Gibba and Jim Jallow, a marabout (a local religious leader who usually blends
Muslim, animist, and other traditional practice s), in connection with rumors
of a coup plot to overthrow President Jamme h; they were released on bail
after 3 days without charge and not tried. Lieutenant Sanneh was arrested and
detained in January 2000 for plotting to overthrow the government, together
with Alimamo Manneh and Corporal Mo modou Dumbly, both of whom were killed by
security forces, and 10 other s oldiers who were freed in September 2000.
Sanneh spent 10 months in reman d at the Mile 2 central prison following a
protracted legal battle that s tarted in May 2000 at the High Court, and in
August was sentenced by cour t martial to 16 years of hard labor (see Section
1.e.). At year's end, at least one other soldier, the alleged coup leader,
still was detained wit hout charge. Security forces detained journalists and
religious leaders during the yea r; some were subject to abuse (see Sections
2.a. and 2.c.). There were no developments in the following 2000 cases: The
November tria l of UDP leader Ousainou Darboe and four of his associates; and
the deten tion of Ebrima Yabo, Ebrima Barrow, Momodou Marenah, Dumo Saho, Lalo
Jait eh, and Omar Darboe on suspicion of attempting to violate state security.
The slow pace of the justice system resulted in some remand prisoners wai ting
long periods in pretrial detention (see Section 1.e.). Approximately 40 of
Mile 2's 230 inmates were in detention without a trial. There were no remand
prisoners at Jeshwang Prison, which housed 70 detainees. Most of the detainees
have been in the remand wings of the Mile 2 and Janjanbu reh prisons for more
than 4 years without trial. The Government did not use forced exile; however,
former President Jawara remained outside the country previously under threat
of arrest and deten tion on corruption charges if he returned. However, on
December 21, Presi dent Jammeh offered "unconditional amnesty" and "full
protection" to form er President Jawara and invited him to return to the
country; he had not returned by year's end. Other senior officials of the
former government, including Vice President Saihou Sabally and Secretary
General Abdou Sara Janha, also remained outside the country for fear of
harassment or detent ion but do not face official charges. Threats were used
to prevent these politicians from returning home to participate in the
presidential electi on, despite the repeal of Decree 89 and enforcement of the
orders of the commissions of inquiries on the assets of the affected
politicians (see S ection 3). e. Denial of Fair Public Trial The Constitution
provides for an independent judiciary; however, the judi ciary reportedly at
times is subject to executive branch pressure, especi ally at the lower
levels. Nevertheless the courts have demonstrated indep endence on several
occasions, at times in significant cases. For example, following the April
2000 riots, the Supreme Court ruled that the continu ed detention of Gamsu
leaders was illegal. Also the Supreme Court require d that chieftaincy
elections be held in the Saami district in November 20 00, ruling that a
presidentially appointed chief was installed unconstitu tionally following the
President's dismissal of the previous chief. The judicial system comprises the
Supreme Court, the Court of Appeal, hig h courts, and eight magistrates
courts. Village chiefs preside over local courts at the village level. The
judicial system recognizes customary, Shari'a, and general law. Custo mary law
covers marriage and divorce for non-Muslims, inheritance, land t enure, tribal
and clan leadership, and all other traditional and social r elations. Shari'a
law is observed primarily in Muslim marriage and divorc e matters; and it
favors men in its provisions. Christian and civil marri age and divorce
matters are settled by the appropriate church and the Off ice of the Attorney
General. General law, following the English model, ap plies to felonies and
misdemeanors in urban areas, and to the formal busi ness sector. Trials are
public, and defendants have the right to an attor ney at their own expense. In
December 2000, the President dismissed Bishop Telewa Johnson, Chairman of the
Independent Electoral Commission (IEC), and Saga Fatty, commissio n member,
and replaced them with Gabriel Roberts and James Abraham. Rober ts, who was
Johnson's predecessor, had been accused of misconduct in the 1996 presidential
election, which the international community did not rec ognize as free and
fair. The IEC chairman and member's dismissals were li nked to the IEC's
decision in December 2000 to seek a judgment on the loc al government
elections from the Supreme Court. The IEC went to the Supre me Court seeking a
declaration to conduct local government elections in t he absence of the
long-awaited local government act. The court ruled in t he IEC's favor the day
that the IEC chairman and member were fired. The d ismissal of Johnson and
Fatty was followed by a massive public outcry tha t the President had acted
unconstitutionally. The Constitution requires t he recommendation of a panel
of three judges before the removal of the IE C chairman or members. In
December 2000, the UDP and the NRP filed a lega l suit against the Attorney
General in which they challenged the removal of the IEC chairman as a
violation of section 42 of the Constitution. On July 13, the Supreme Court
scheduled the judgment for October, after the presidential elections; this was
seen as undue delay of adjudication. On November 28, the Supreme Court
dismissed the case. In January 2000, Lieutenant Sanneh was arrested and
detained for plotting to overthrow the Government. Sanneh spent 10 months in
remand at the Mil e 2 central prison following a protracted legal battle that
started in Ma y 2000 at the High Court. Sanneh was found guilty, among other
charges, o f conspiring with other persons to commit mutiny with violence. At
the co mmencement of the hearings, Sanneh chose trial by a three-man jury, but
t he state later dropped the charges against him. The state then filed new
charges against him to face a court martial, which sentenced him to 16 ye ars
imprisonment with hard labor on August 30 (see Section 1.d.). The trial of
three men accused of complicity in a 1997 coup attempt concl uded in 1998 with
the conviction of all three for treason. They were sent enced to death, but
their appeals remained pending at year's end. In 1997 the Court of Appeal, the
country's highest court at the time, ove rturned the treason convictions and
death sentences of four men accused o f leading an abortive coup in 1996. The
Government first appealed this de cision to the Privy Council in London, but
then appealed it to the Suprem e Court once that institution was established.
The case remained before t he Supreme Court at year's end. Persons have been
held for extended periods without trial (see Section 1. d.). Many cases are
not heard for months or years because the court syste m is overburdened and
lacks the capacity to handle the high volume of cas es. In an effort to
alleviate the overburdened system, the Government has solicited judges and
magistrates from other Commonwealth countries, who share a similar legal
system. On February 18, President Jammeh released 26 prisoners in honor of
Indepe ndence Day; no military personnel were released. There is one known
political prisoner, a former AFPRC vice chairman, Lieu tenant Sana Sabally,
who is serving 9 years at Mile 2 prison in Banjul fo r conspiring to
assassinate the President in 1995. International and dome stic human rights
organizations were not permitted access to him. f. Arbitrary Interference with
Privacy, Family, Home, or Correspondence The Constitution prohibits such
abuses; however, although the Government generally respects these
prohibitions, in practice there were some except ions. The Government has not
repealed Decree 45, which abrogates constitu tional safeguards against
arbitrary search and permits search and seizure of property without due
process. This decree formally remains in effect, pending a judicial finding
that the decree is inconsistent with the Cons titution. In practice the
Government appeared not to enforce it, but no c ourt case has been brought to
test the decree's constitutionality. On February 28, Salieu Mbowe, a freelance
journalist, reported that polic e officers forcibly entered his residence at
Latrikunda and woke him at 2 o'clock in the morning. Mbowe said that the
police officers were armed w ith tear gas and that they claimed they were
monitoring his activities an d had to search his home. The police questioned
him for many hours but di d not seize anything from him. Observers assume that
the Government monitors citizens possibly engaged i n activities that it deems
objectionable. In the past, surveillance inclu ded monitoring of telephones
and mail. In previous years, investigating c ommissions issued findings
resulting in the forfeiture of private propert y, principally property held by
former government and parastatal official s. The work of these commissions,
which began under the Armed Forces Prov isional Ruling Council (AFPRC) regime,
is sanctioned under the Constituti on with provisions for due process;
however, it is not clear that full du e process was accorded to officials
investigated by the commissions befor e the Constitution took effect. The
evidentiary standards applied by the commissions in ordering the forfeiture of
money and property are not clea r, and orders by the commissions have not been
subject to effective judic ial review. The commissions are created on an ad
hoc basis when they are deemed to be necessary. The Government restricted the
right to transfer funds and confiscated the assets of most senior officials of
the former Jawara government. In April 2000, the Tambakoto village head
illegally seized the land of fi ve UDP activists; the lands had not been
returned by year's end. Section 2 Respect for Civil Liberties, Including: a.
Freedom of Speech and Press The Constitution provides for freedom of speech
and the press, however, i n practice the Government significantly limited the
full exercise of thes e freedoms by using intimidation, police pressure,
regulatory scrutiny, a nd laws that inhibit the media. The Government also
employed arrest, dete ntion, dismissal, and interrogation to intimidate
journalists and newspap ers that published articles that it considered
inaccurate or sensitive (s ee Section 1.d.). As a result, journalists practice
a significant degree of self-censorship. Security forces arrested and detained
persons who publicly criticized the Government or who expressed views in
disagreement with the Government (s ee Sections 1.d. and 2.c.). On April 10,
Alahie Nbyally, former vice pres ident of the Gamsu, was arrested and detained
following a speech criticiz ing the manner in which President Jammeh handled
the student crisis in Ap ril 2000 (see Section 1.d.). On July 6, the NIA
arrested Imam Baba Leigh of the Kanifing mosque for allegedly criticizing the
Government. Imam Lei gh reported that NIA officers informed him that his
arrest was connected to a June 5th BBC Focus on Africa program, on which he
criticized the Gov ernment for spending $179,000 (3 million dalasi) on the
June National You th Conference (see Section 5). On October 22, the NIA
arrested Muhammed Lamin Sillah, the coordinator of the Coalition of Human
Rights Defenders and Secretary General of the dom estic chapter of Amnesty
International, following his interview with the BBC's Focus on Africa program
on October 21. Sillah told the BBC that the country's human rights situation
was unsatisfactory and needed improveme nt. After 4 days of incommunicado
detention, he was released with charge on bail of $18,000 (300,000 dalasi)
after his case was brought to the Hig h Court for a habeas corpus hearing. The
NIA accused Sillah of inciting g enocide and confusion and attempting to
overthrow the Government; Sillah described the allegations as false. Decrees
70 and 71 continued to inhibit free reporting. The decrees requir e all
newspapers to post a $6,500 (100,000 dalasi) bond or cease publicat ion. The
bond is required to ensure payment of any penalties imposed by a court for the
publication of blasphemous or seditious articles or other libel. State-owned
publications were not subject to these decrees. The po ssession and
distribution of documents deemed to be "political literature " is not barred
by decree, and the ruling APRC and opposition parties dis tributed leaflets
and papers that could be considered "political literatu re" during the year.
Unlike in previous years, these decrees and the fear of reprisals and
government action did not have a chilling effect on the press. Although still
independent, the nongovernment press practices a d egree of self-censorship.
Despite government harassment, strong criticism of the Government was
frequent, and opposition views appeared in the ind ependent press. English,
French, and other foreign newspapers and magazin es were available. The
Government publishes a daily newspaper, the Gambia Daily. The Daily Observer,
though independent, favored the Government in its coverage. There were other
independent and privately owned newspaper s, including the Point, the
Independent, and Foroyaa, which was published by PDOIS, and The Gambia News
and Report Weekly Magazine. On June 15, eight staff journalists, including the
editor-in-chief of the only private daily newspaper, The Daily Observer,
resigned. The resignat ions followed management's "decree" banning stories
connected with UDP's controversial propaganda secretary Lamin Waa Juwara,
known as a strong cr itic of President Jammeh. The editorial staff criticized
what they saw as undue interference in the editorial independence of the
newspaper by som e ruling APRC militants through the company's managing
director, who also is the APRC's youth mobilizer. The journalists claimed that
the newspape r was being used as a political organ of the APRC, and they
maintained th at they wanted to disassociate themselves from what they saw as
a propaga nda outfit to promote the political interest of one group at the
expense of others. The Daily Observer management announced that it never had
issu ed a decree to stop stories about Lamin Waa Juwara. Journalists were
harassed by security forces and police. For example, on February 28, Salieu
Mbowe, a freelance journalist, reported that police o fficers harassed him by
forcefully entering his residence at Latrikunda a nd waking him at 2 o'clock
in the morning. Mbowe said that the police off icers were armed with tear gas
and that they claimed they were monitoring his activities and had to search
his home. The police questioned him for many hours but did not seize anything
from him (see Section 1.f.). On May 27, Bundung police detained and beat Alieu
Badara Mansaray from Si erra Leone, who was a reporter for the Daily Observer,
for reportedly wit nessing a bribery incident involving a police officer and a
woman. Mansar ay reported that three policemen bruised his body, tore his
trousers, and smashed his watch, necklace, and mobile telephone. He was
released after several hours without charge. On September 11, one of the
police officer s who assaulted Mansaray was dismissed; however, no action was
taken agai nst the other two police officers. The Government detained persons
who published articles that it considered inaccurate or sensitive. For
example, on April 24, the authorities arres ted UDP activist Kassa Jatta for
publishing an article critical of the Pr esident's foreign policy (see Section
1.d.). Radio broadcasts from the government station and private stations
normall y reach listeners in the eastern part of the country. Private radio
stati ons simulcast news provided by Radio Gambia, the government station.
Only one private radio station produced independent news broadcasts during th
e year. Occasionally there were public affairs broadcasts on at least two
independent radio stations. Local stations sometimes rebroadcast the Bri tish
Broadcasting Corporation, Radio France Internationale, and other for eign news
reports, and all were available via shortwave radio. Senegalese television and
radio are available in many parts of the country. Wealthy residents also used
television satellite systems to receive independent news coverage. During most
of the year, government television and radio gave very limite d coverage to
opposition activities, including statements by opposition p arliamentarians in
the National Assembly. However, during the presidentia l campaign, opposition
candidates had frequent and fair access to state-o wned radio and television.
In most other respects, the state media served as propaganda instruments for
the Government and its supporters. On January 5, Peter Gomez, a principal
producer at state-owned Radio Gamb ia, was dismissed when he refused to
publish a clarification by the Gover nment's Director of Press, following a
report by Gomez concerning Preside nt Jammeh's statement about the institution
of Shari'a law in the country during a meeting with Muslim elders at State
House on a Muslim feast day . In a meeting with religious leaders and the
media, President Jammeh sta ted that he would introduce Shari'a law for all
matters, not only marriag e and divorce. After the meeting, his office said
that the comment was ta ken out of context, and that the President did not
mean to change the Gov ernment's policy on Shari'a law. The Director of Press
sent a clarificati on to Radio Gambia, accusing the journalist of "reporting
the President's statement out of context." Gomez refused to publish the
clarification, r eportedly feeling that doing so would harm his professional
credibility. The Press Institute and the Gambia Press Union (GPU) severely
criticized Gomez's dismissal. The GPU believed it was unfair to use the Radio
Gambia staff as scapegoats and to victimize Gomez, when there was no doubt
that President Jammeh had made a declaration about introducing Shari'a law. On
June 11, the NIA arrested three journalists, Momodou Thomas, Bakary Ma nneh,
and Namory Trawl, who were covering the 5th National Youth Conferen ce and
Festival in Basse, URD (see Section 5). After hours of interrogati on, Manned
and Trawl were released without charge. Thomas was taken to an unknown
destination where he was held incommunicado for approximately 8 hours and then
released. Thomas claimed that he was questioned about a st ory he had reported
on Radio 1 FM about the problems at the youth confere nce in Basse,
specifically shortages of food and accommodations. On October 18, police
officers asked Citizen FM radio to stop broadcastin g election results that it
received from informal exit polls until they h ad been announced officially by
the IEC. Security forces arrested journalists on the pretext of financial
matters regarding their stations. On October 23, George Christensen, owner of
the private radio station, Radio 1 FM, was arrested and taken to the NIA off
ices in Banjul. He was interrogated for several hours about the radio sta
tion's financial situation and then released without charge. On October 2 9,
the NIA arrested and detained Baboucarr Gaye, the proprietor of Citize n FM
radio station, in Banjul for 8 hours. Gaye was arrested for allegedl y owing
tax arrears of approximately $5,470 (93,000 dalasi). The NIA orde red the
closure of Citizen FM radio station on the same day. Most ruling party
officials dislike civic education programs run by Citizen FM and on several
occasions have referred to the radio station as an opposition st ation. The
GPU, Reporters sans Frontieres (RSF), and the International Pr ess Institute
(IPI) criticized the arrests of Christensen and Gaye. Accor ding to the law,
Gaye must pay half of his alleged debt before he may be allowed to protest his
case before any court. By year's end, Gaye had pai d the entire amount;
however, he had not been allowed to appear in the co urt or re-open the radio
station. In July President Jammeh threatened to discharge the staff of the
state-o wned Gambia Radio, because he suspected them of being sympathetic to
the opposition. Jammeh made the threat during a meeting with members of the A
PRC youth wing on the anniversary of the July 22 coup that brought him to
power. He claimed that members of the Radio Gambia staff misrepresented his
speeches in their news bulletins, and he warned that anybody "bent on
disturbing the peace and stability of the nation will be buried 6 feet d eep".
Private journalists and the general public severely criticized Jamm eh's
threat and accused him of intimidating journalists of the television and
public radio. There was convenient, inexpensive Internet access through
Internet cafes and private accounts. The Government did not restrict Internet
access or operation. There were no reports of any government restrictions on
academic freedom. There is one national college, a new university, and several
smaller, pr ivate, postsecondary educational institutions. b. Freedom of
Peaceful Assembly and Association The Constitution provides for freedom of
assembly; however, the Governmen t restricted this right in practice. The
authorities interfered with effo rts by the principal opposition party, the
UDP, to organize public meetin gs. However, unlike in the previous year, there
were no reports that the Government denied permits to opposition parties to
hold rallies. In May t he President signed a bill that allows him to
indemnify, or grant amnesty to, any person he determines for any action done
during an unlawful asse mbly or other disturbance (see Section 1.c.). There
were instances in which security forces disrupted demonstrations or meetings.
For example, on March 31, UDP militants were celebrating an el ectoral victory
in the compound of their candidate in Badibu Salekeni whe n police interrupted
them and arrested and detained seven supporters (see Section 1.d.). On October
15, APRC supporters clashed with supporters of the opposition coalition in
Serrekunda. Police intervened and allegedly fired shots to c ontrol the crowd.
There were no reports of injuries. No action was taken, nor is any likely,
against the members of the securi ty forces who forcibly dispersed a
demonstration in April 2000 during whi ch at least 14 persons were killed and
numerous persons were injured (see Section 1.c.). In October unknown persons
prevented the People's Democratic Organization for Independence and Socialism
(PDOIS) party campaign team from holding meetings in Sangajor and Kanilai
villages in the Foni. Police failed to p rovide for the security of PDOIS
members in the area, and the meetings we re postponed. The Constitution
provides for freedom of association; however, the Govern ment restricted this
right in practice. The AFPRC's Decree 81 of 1996 req uires NGO's to register
with the National Advisory Council, which has the authority to deny, suspend,
or cancel the right of any NGO to operate, i ncluding that of international
NGO's (see Section 4). However, the Govern ment did not take action against
any NGO's during the year. Until it was repealed on July 22, Decree 89 banned
three major opposition political parties, and all former presidents, vice
presidents, and minis ters from political activity until 2024. The decree's
penalty of life imp risonment for an individual or a $65,000 (1 million
dalasi) fine for an o rganization considerably restricted political activity
(see Section 3). F ollowing the repeal of Decree 89 in July, three previously
banned politic al parties resumed activities prior to the October presidential
election; however, some of the politicians affected by the ban were threatened
wit h disqualification from running for public office through other constitut
ional provisions, such as conviction by the commissions of inquiries, the
rulings of which cannot be appealed to any court within the country. On August
22, the Government expelled a foreign diplomat following his at tendance at a
press conference of a coalition of opposition parties. c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government gen
erally respects this right in practice. The Government does not require
religious groups to register. Religiously based NGO's are subject to the same
registration and licensing requireme nts as other NGO's (see Section 2.b.).
The Government permits and does no t limit religious instruction in schools.
Bible and Koranic studies are p rovided in both public and private schools
throughout the country without Government restriction or interference.
Religious instruction in public schools is provided at government expense, but
is not mandatory. On July 6, the NIA arrested Imam Baba Leigh of the Kanifing
mosque for al legedly criticizing the Government; Imam Leigh preached against
corruptio n and waste of public funds in unnecessary ceremonies during
prayers. Ima m Leigh was released after several hours without charges on bail
of $6,00 0 (100,000 dalasi), and was asked to report to the NIA the next day.
No s ubsequent action was taken. Imam Leigh reported that NIA officers informe
d him that his arrest was connected to a June 5 BBC Focus on Africa progr am,
on which he criticized the Government for spending $179,000 (3 millio n
dalasi) on the June National Youth Conference (see Section 5). In react ion to
Leigh's concerns, President Jammeh stated that the money spent was his own and
not that of the public. Leigh continued to lead prayers at t he mosque, and
said he was not threatened by the arrest and planned to co ntinue giving
sermons and interpreting the Islamic perspective in society . The Government's
dispute with the imam of Brikama mosque ended amicably. In 1998 the imam of
the largest mosque in Brikama was arrested together w ith a leading opposition
party politician and eight others in a dispute o ver minor construction work
at a mosque that reportedly was financed by s upporters of the ruling party.
In 1999 the High Court acquitted all of th e defendants of destruction of
property and discharged the case. However, the Government filed an appeal in
the High Court for the imam and three others to be retried. The imam's lawyer
filed a writ of summons in the Hi gh Court, which ruled that it had no
jurisdiction over the matter and ref erred the case to a district tribunal.
Subsequently the case was filed at the Court of Appeal, but the case was
adjourned until April. In April th e Government dropped its appeal of the High
Court's decision to let the i mam resume leading prayers, and the imam was
reinstated fully at that tim e. d. Freedom of Movement Within the Country,
Foreign Travel, Emigration, an d Repatriation The Constitution provides for
freedom of movement but allows for "reasona ble restrictions," which the
Government at times enforced. On occasion se curity forces shot and killed
persons at checkpoints (see Section 1.a.). Armed soldiers at times harassed
and detained citizens and foreigners at gunpoint, particularly at the Denton
Bridge checkpoint outside of Banjul. The authorities prohibited those under
investigation for corruption or se curity matters from leaving the country. A
few politicians associated wit h the opposition UDP also were denied
passports, although they were not f acing corruption or security charges. The
leader of the opposition UDP an d other opposition figures have traveled
outside the country without inci dent. There were reports that, on occasion,
immigration authorities and securit y forces harassed immigrants and others;
however, unlike in the previous year, there were no reports that immigrants
were detained. The law does not provide for the granting of refugee or asylee
status in accordance with the 1951 U.N. Convention Relating to the Status of
Refuge es and its 1967 Protocol; however, the Government cooperates with the
off ice of the U.N. High Commissioner for Refugees (UNHCR) and other humanita
rian organizations assisting refugees. Although there was no available es
timate of the numbers involved, the Government provides first asylum and
during the year provided first asylum to persons from Senegal and Guinea-
Bissau. The Government works with the UNHCR and local NGO's in processing
refugee claims. The country hosts approximately 8,000 refugees from Sier ra
Leone, Senegal, Guinea-Bissau, Liberia, and other countries. The Gover nment
continued to host approximately 3,500 Senegalese refugees from the troubled
Casamance region. There were no reports of the forced return of persons to a
country where they feared persecution. Section 3 Respect for Political Rights:
The Right of Citizens to Change T heir Government In the October presidential
election, which most observers considered to be relatively free and fair
despite some shortcomings, citizens exercised their right to change their
government; the President was reelected. The Constitution provides for the
democratic election of the President every 5 years. National Assembly
elections are held 3 months after the preside ntial elections and were
scheduled for January 2002. The October 18 presi dential election day passed
smoothly and without incident, despite predic tions to the contrary and
associated violence in the weeks before and aft er the polling (see Sections
1.a., 1.c., 1.d., and 2.a.). The October presidential election represented a
significant improvement. The repeal of Decree 89 allowed some previously
banned political parties to participate, opposition candidates had fair and
frequent access to sta te-owned radio and television during the campaign
itself, voter participa tion was high, and polling took place in an orderly
manner (see Sections 2.a. and 2.b.). International observers described the
presidential electo ral process as generally free and fair, despite some
shortcomings. Five o pposition parties competed in the election and won
approximately 47 perce nt of the votes cast; President Jammeh won
approximately 53 percent of th e vote. Opposition political parties initially
conceded defeat but later accused the ruling party of inducing voters with
money and other material s to gain their support, which is unconstitutional.
They also accused the Government of issuing threats, both explicit and veiled,
against individ uals and communities that did not support the incumbent. They
accused the IEC of registering foreigners and issuing them voter cards,
thereby perm itting them to vote in the elections. Observers agreed there
probably wer e some irregularities in the registration process, but on a much
smaller scale than the UDP/PPP/GPP coalition alleged. It remains unclear to
what degree alleged foreign voters contributed to President Jammeh's 53 percen
t majority. The post-election period was marred when Jammeh fired more th an
20 village heads and civil servants, several of whom were APRC members , who
had not expressed public support for him during the campaign or who had been
accused of corruption or incompetence; security forces also arr ested and
detained many opposition supporters throughout the country (see Section 1.d.).
A few of the fired civil servants were re-instated; howev er, most were
replaced by loyal supporters of President Jammeh (see Secti on 4). In 1997 the
Constitution of the Second Republic was promulgated, and citi zens chose a new
National Assembly in elections whose results were accept ed by the opposition.
President Jammeh's party, the APRC won 33 of 45 ass embly seats filled by
election; 4 members are appointed by the President. Procedural methods are
used to restrict debate within the National Assem bly. In April parliamentary
by-elections were held that were considered genera lly free, fair, and
transparent; however, there were some reports of inti midation and
vote-buying. The voting and vote counting process were well- organized, and no
irregularities were reported on voting day. National Assembly elections were
scheduled to be held in January 2002, an d local elections originally
scheduled for 1998 were postponed and later rescheduled for April 2002. By
year's end, the major opposition coalition had decided to boycott the National
Assembly elections and accused the I EC of allowing fraudulent voter
registrations and mismanaging both the pr esidential and national elections.
This boycott was criticized widely, in cluding within the opposition
coalition, as unjustified and as an inappro priate response to the alleged
fraud. Once the nominations were completed , the NRP and PDOIS were the only
opposition parties sponsoring candidate s, and only 15 constituencies were
contested. In early June, the National Assembly passed several amendments that
reduc ed the power of the Independent Electoral Commission (IEC) to control
man y fundamental election matters. The National Assembly gained the power to
set the registration requirements for political parties and change const
ituency boundaries; local chieftaincies became presidential appointments
instead of elected positions; voter registration requirements were relaxe d;
and the IEC lost the right to question voters about their citizenship during
the registration process. In July Decree 89, which banned three former
political parties and all pe rsons who held the offices of president, vice
president, and ministers of the First Republic from participating in politics
until 2024, was repeal ed (see Section 2.b.). The percentage of women in
government and politics does not correspond to their percentage of the
population; however, there are no legal obstacle s to the participation of
women in government. Only 1 of the elected 45 m embers of the National
Assembly is a woman. The Vice President (who is al so Minister of Women's
Affairs) and the Secretary General of the Presiden cy are women, and there are
two female ministers in the Cabinet. Section 4 Governmental Attitude Regarding
International and Nongovernment al Investigation of Alleged Violations of
Human Rights There are several organizations whose mandates provide for human
rights m onitoring, and there are three major organizations whose primary
mandate is the promotion of human rights: The International Society for Human
Rig hts (ISHRA), the African Center for Democracy and Human Rights Studies (A
CDHRS), and the Institute for Human Rights and Development (IHRD). Both t he
ISHRA and the ACDHRS have conducted training in democratic rights and civic
education. The IHRD principally focuses on the operations of the Af rican
Commission on Human and Peoples' Rights, an organ of the African Un ion based
in Banjul. Other human rights groups included the African Socie ty of
International and Comparative Law with two full-time staff members and the
Foundation for Research on Women's Health, Productivity, and the Environment,
which addresses issues pertaining to woman's health and prod uctivity and has
two full-time staff working on FGM (see Section 5). In October the authorities
arrested and detained for 10 days Muhammed Lam in Sillah, the coordinator of
the Coalition of Human Rights Defenders and Secretary General of the domestic
chapter of Amnesty International (see Sections 1.d. and 2.a.). In 1999
President Jammeh appointed the first government ombudsman as requ ired in the
Constitution, and the National Assembly approved the appointm ent. In 2000 the
office of the ombudsman began operations and was charged with investigating
allegations of maladministration, mismanagement, or d iscrimination; however,
it did not take action on any high-profile cases by year's end. It
investigated the cases of several of the civil servants dismissed following
the presidential election, some of whom ultimately w ere reinstated. Section 5
Discrimination Based on Race, Sex, Religion, Disability, Langua ge, or Social
Status The Constitution prohibits discrimination based on race, sex, religion,
d isability, language, or social status and the Government generally respec
ted these prohibitions. Women Domestic violence, including abuse, is a
problem. It is reported occasion ally, and its occurrence is believed to be
common. Police tend to conside r these incidents to be domestic issues outside
of their ordinary jurisdi ction. Rape and assault are crimes under the law;
rape is not common. The law does not differentiate between married and
unmarried women in this r egard. The practice of FGM, which is condemned
widely by international health ex perts as damaging to both physical and
psychological health, is widesprea d and entrenched. Reports placed the number
of women who have undergone F GM at between 60 and 90 percent. Approximately
seven of the nine major et hnic groups practice FGM at ages varying from
shortly after birth until 1 6 years old. FGM is less frequent among the
educated and urban segments o f those groups that practice FGM. There were
unconfirmed reports of incid ences of health-related complications, including
deaths, relating to the practice of FGM; however, no accurate statistics were
available. In recen t years, the Government publicly has supported efforts to
eradicate FGM a nd discouraged FGM through health education; however, the
Government has not passed legislation against FGM, which is not considered a
criminal ac t. In 1999 President Jammeh publicly stated that the Government
would not ban FGM, and that FGM is a part of the country's culture.
Prostitution is illegal but is a growing problem. Sexual harassment is not
believed to be widespread, although individual i nstances have been noted.
Traditional views of women's roles result in extensive societal discrimin
ation in education and employment. Employment in the formal sector is ope n to
women at the same salary rates as men. No statutory discrimination e xists in
other kinds of employment; however, women generally are employed in endeavors
such as food vending or subsistence farming. Shari'a law usually is applied in
divorce and inheritance matters for Mus lims, who make up approximately 90
percent of the population. Women norma lly receive a lower proportion of
assets distributed through inheritance than do male relatives. Marriages often
are arranged and, depending on the ethnic group, polygyny is practiced. Women
in polygynous unions have property and other rights arising from the marriage.
They have the option to divorce, but not a leg al right to approve or be
notified in advance of subsequent marriages. Active women's rights groups
exist; they focus primarily on economic issu es and the elimination of FGM
(see Section 4). Children The Government is committed to children's welfare.
The Department of Educ ation and the Department of Health, Social Welfare, and
Women's Affairs a re the two most generously funded departments; however, lack
of resources limited state provision of both education and health services.
The Constitution mandates free compulsory primary education up to 8 years of
age, but the state of the educational infrastructure prevents effecti ve
compulsory education. In 1998 the President announced an end to fees f or the
first 6 years of schooling, and the Government has implemented the decision.
Opportunities for secondary education are more limited. The pa rticipation of
girls in education is very low. Girls constitute approxima tely 40 percent of
primary school students and roughly one-third of high school students. The
enrollment of girls is low particularly in rural are as where a combination of
poverty and sociocultural factors influence par ents' decisions not to send
girls to school. The care and welfare of children in distress is considered
primarily a fa mily responsibility. In cases of divorce, the Department of
Social Welfar e attempted to require periodic financial support by fathers;
however, th ere was no criminal prosecution when fathers failed to provide
financial support. Authorities generally intervened when cases of child abuse
or mistreatmen t 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 marriag e, which can be as early as 12 years of age). Incest also is
illegal. The se laws generally were enforced. Serious cases of abuse and
violence agai nst children were subjected to criminal penalties. FGM is
performed primarily on young girls (see Section 5, Women). The tourist
industry has stimulated a low level of child prostitution, wh ich was
prosecuted vigorously. Child labor is a problem (see Section 6.d. ). In June
the Government held a National Youth Conference to bring together youths for
workshops and sports, and to increase their awareness of thei r rights and the
policies and laws that apply to them. Several persons we re arrested after
they criticized the conference (see Sections 2.a. and 2 .c.). Persons with
Disabilities There are no statutes or regulations requiring accessibility for
persons with disabilities. No legal discrimination against persons with
physical disabilities exists in employment, education, or other state
services. Pe rsons with severe disabilities subsisted primarily through
private charit y. Persons with less severe disabilities were accepted fully in
society, and they encountered no discrimination in employment for which they
physi cally were capable. Section 6 Worker Rights a. The Right of Association
The Labor Act, which applies to all workers except civil servants, specif ies
that workers are free to form associations, including trade unions, a nd
provides for their registration with the Government. Unions must regis ter to
be recognized, and there were no cases where registration was deni ed to a
union that applied for it. The Labor Act specifically prohibits p olice
officers and military personnel, as well as other civil service emp loyees,
from forming unions. Approximately 20 percent of the work force i s employed
in the modern wage sector, where unions are most active. Appro ximately 30,000
workers are union members, constituting an estimated 10 p ercent of the work
force. The Gambian Worker's Confederation (GWC) and the Gambian Workers' Union
( GWU) are the two main independent and competing umbrella organizations. T he
Government recognizes both organizations. The Labor Act authorizes strikes but
requires that unions give the Commis sioner of Labor 14 days' written notice
before beginning an industrial ac tion (28 days for essential services). The
Labor Act specifically prohibi ts police officers and military personnel, as
well as other civil service employees, from striking. It prohibits retribution
against strikers who comply with the law regulating strikes. Upon application
by an employer t o a court, the court may prohibit industrial action that is
ruled to be i n pursuit of a political objective. The court also may forbid
action judg ed to be in breach of a collectively agreed procedure for
settlement of i ndustrial disputes. Because of these provisions and the
weakness of union s, few strikes occur. There were no strikes during the year.
Unions and union confederations may affiliate internationally, and there were
no restrictions on union members' participation in international lab or
activities. The GWU is a member of the International Confederation of Free
Trade Unions. b. The Right to Organize and Bargain Collectively The Labor Act
allows workers to organize and bargain collectively. Althou gh trade unions
are small and fragmented, collective bargaining takes pla ce. Each recognized
union has guidelines for its activities determined by the Joint Industrial
Council Agreement (JIC), an arrangement among all o f the active trade unions
and their employers, which was drafted and sign ed by the unions. Unions are
able to negotiate without government interfe rence; however, in practice the
unions lack experience, organization, and professionalism, and often turn to
the Government for assistance in nego tiations. Union members' wages exceeded
legal minimums and were determine d by collective bargaining, arbitration, or
agreements reached between un ions and management and considered to be legal
after insuring that the ag reements are in compliance with the JIC (see
Section 6.e.). No denial of registration was reported. The act also sets
minimum contract standards f or hiring, training, terms of employment, and
provides that contracts may not prohibit union membership. Employers may not
fire or discriminate ag ainst members of registered unions for engaging in
legal union activities ; and the Government has stepped in to assist workers
who have been fired or discriminated against by employers. The Government
established an export processing zone (EPZ) at the port of Banjul and the
adjacent bonded warehouses. Several companies, including peanut oil exporters,
began operation in the EPZ in August 2000. The Labo r Code covers workers in
the EPZ's, and they are afforded the same rights as workers elsewhere in the
economy. c. Prohibition of Forced or Compulsory Labor The Constitution
prohibits forced or compulsory labor, and it is not know n to occur. The law
does not prohibit specifically forced and bonded labo r by children; however,
it is not known to occur (see Section 6.d.). d. Status of Child Labor
Practices and Minimum Age for Employment The statutory minimum age for
employment is 18 years. There is no effecti ve compulsory education, and
because of limited secondary school openings , most children complete formal
education by the age of 14 and then begin work. Employee labor cards, which
include a person's age, are registered with the Labor Commissioner, but
enforcement inspections rarely take pla ce. Child labor protection does not
extend to youth performing customary chores on family farms or engaged in
petty trading. 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. Ther e were a few instances of child street
begging. The tourist industry has stimulated a low level of child prostitution
(see Section 5). In November 2000, the National Assembly approved ILO
Convention 182 on th e worst forms of child labor; and on July 3, the
Government ratified the Convention. The Department of State for Labor was
responsible for impleme nting the terms of the convention. The law does not
prohibit specifically forced or bonded labor by children ; however, such
practices are not known to occur (see Section 6.c.). e. Acceptable Conditions
of Work Minimum wages and working hours are established by law through six
joint industrial councils: Commerce; Artisans; Transport; Port Operations;
Agri culture; and Fisheries. Labor, management, and the Government are represe
nted on these councils. The lowest minimum wage is approximately $0.66 (1 2
dalasi) per day for unskilled labor. This minimum wage is not sufficien t to
provide a decent standard of living for a worker and family. The min imum wage
law covers only 20 percent of the labor force, essentially thos e workers in
the formal economic sector. The majority of workers are empl oyed privately or
are self-employed, often in agriculture. Most citizens do not live on a single
worker's earnings, but they share resources withi n extended families. The
basic legal workweek is 48 hours within a period not to exceed 6 cons ecutive
days. A 30-minute lunch break is mandated. Nationwide the workwee k includes 4
8-hour workdays and 2 4-hour workdays (Friday and Saturday). Government
employees are entitled to 1 month of paid annual leave after 1 year of
service. Private sector employees receive between 14 and 30 day s of paid
annual leave, depending on length of service. The Labor Act specifies safety
equipment that an employer must provide to employees working in designated
occupations. The Factory Act authorizes the Ministry of Labor to regulate
factory health and safety, accident pre vention, and dangerous trades, and the
Ministry is authorized to appoint inspectors to ensure compliance with safety
standards. Enforcement was in consistent due to insufficient and inadequately
trained staff. Workers ma y demand protective equipment and clothing for
hazardous workplaces and h ave recourse to the Labor Department. The law
provides that workers may r efuse to work in dangerous situations without
risking loss of employment; however, in practice workers who do so risk loss
of employment. During the year, at Sankung-Sillah soap factory a pipe carrying
hot chemi cals burst and killed and injured employees. After family members
were de nied compensation by the company, the Government intervened and
ordered t he company to provide proper compensation to the victims and their
family members, an on-site first aid unit with trained personnel, and new
prote ctive gear for employees. 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. Foreign workers may join
local unions. f. Trafficking in Persons The law prohibits trafficking in
persons, and there were no reports that persons were trafficked to, from, or
within the country. This site is managed by the Bureau of Public Affairs, U.S.
Department of State. External links to other Internet sites should not be
construed as an endorsement of the views Get more from the Web. FREE MSN
Explorer dow nload : http://explorer.msn.com/
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