In May President Jammeh appointed the first government ombudsman as required
in the Constitution. On May 3, the National Assembly approved the
appointment. The ombudsman's office, which began operations during the year
is charged with investigating allegations of mal-administration,
mismanagement, or discrimination.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language,
or Social Status
The Constitution prohibits discrimination based on race, sex, religion,
disability, language, or social status, and the Government generally respects
these prohibitions.
Women
Domestic violence, including abuse, occasionally is reported, and its
occurrence is believed to be fairly common. Police tend to consider these
incidents to be domestic issues outside of their ordinary jurisdiction.
Rape and assault are crimes under the law. The law does not differentiate
between married and unmarried women in this regard. 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); incest is also illegal. These laws generally are enforced.
Neither sexual harassment nor de facto sexual discrimination are believed to
be widespread, although individual instances have been noted.
Traditional views of women's roles result in extensive societal
discrimination in education and employment. Families frequently educate male
children before female children. Females constitute about 40 percent of
primary school students and roughly 1/3 of high school students.
Employment in the formal sector is open to women at the same salary rates as
men. No statutory discrimination exists 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
Muslims, who make up approximately 90 percent of the population. Women
normally 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 legal right to approve or be notified in advance of subsequent
marriages.
Active women's rights groups exist, which are focused primarily on economic
issues and the elimination of female genital mutilation (FGM).
Children
The Government is committed to children's welfare. The Department of
Education and the Department of Health, Social Welfare, and Women's Affairs
are the two most generously funded departments. However, the lack of
resources limits state provision of both education and health services.
The Constitution mandates free compulsory primary education, but in view of
the current state of the educational infrastructure, this provision
represents a goal and not an accomplishment. There is no effective compulsory
education. However, in February 1998, the President announced an end to fees
for the first 6 years of schooling, and the Government has implemented the
decision. Opportunities for secondary education are even more limited. The
participation of girls in education is very low; there is approximately a two
to one ratio of boys to girls enrolled in school at all levels. The
enrollment of girls is particularly low in rural areas where a combination of
poverty and socio-cultural factors influence parents' decisions to not send
girls to school.
The care and welfare of children in distress is considered primarily a family
responsibility. In cases of divorce, the Department of Social Welfare
attempts to require periodic financial support by fathers; however, there is
no criminal prosecution when fathers fail to provide financial support.
Authorities generally intervene when cases of child abuse or mistreatment are
brought to their attention, however, there is no societal pattern of abuse
against children. Serious cases of abuse and violence against children are
subject to criminal penalties. There are a few instances of child street
begging. The tourist industry has stimulated a small amount of child
prostitution, which is prosecuted vigorously. In rural areas, most children
assist their families in farm and housework. In urban areas, many children
work as street vendors or taxi and bus assistants.
The practice of female genital mutilation, which is widely condemned by
international health experts as damaging to both physical and psychological
health, is widespread and entrenched. Reports place the number of women
having been subjected to FGM at between 60 and 90 percent. Seven of the nine
major ethnic groups practice FGM at ages varying from shortly after birth
until 18 years old. In recent years, the Government publicly has supported
efforts to eradicate FGM and discourages FGM through health education.
However, the Government has not passed legislation against FGM, and FGM is
not considered a criminal act. In February President Jammeh stated publicly
that the Government would not ban FGM, and that FGM is a part of the
country's culture.
People with Disabilities
There are no statutes or regulations requiring accessibility for the
disabled. No legal discrimination against the physically disabled exists in
employment, education, or other state services. Severely disabled individuals
subsist primarily through private charity. Less severely disabled individuals
are accepted fully in society and encounter no discrimination in employment
for which they are physically capable.
Section 6 Worker Rights
a. The Right of Association
The 1990 Labor Act, which applies to all workers except civil servants,
specifies that workers are free to form associations, including trade unions,
and provides for their registration with the Government. It specifically
prohibits police officers and military personnel, as well as other civil
service employees, from forming unions or striking. About 20 percent of the
work force is employed in the modern wage sector, where unions are most
active. Approximately 30,000 workers are union members, constituting about 10
percent of the work force.
The Gambian Worker's Confederation and the Gambian Workers' Union are the two
main independent and competing umbrella organizations. The Government
recognizes both organizations.
The Labor Act authorizes strikes but requires that unions give the
Commissioner of Labor 14 days' written notice before beginning an industrial
action (28 days for essential services). It prohibits retribution against
strikers who comply with the law regulating strikes. 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. Because of these provisions and the weakness of unions,
few strikes occur.
Unions may affiliate internationally, and there are no restrictions on union
members' participation in international labor activities. The country applied
in 1995 to join the International Labor Organization. It has been accepted in
principle but must make modifications to its labor and employment laws before
gaining full membership; however, the Government took no action during the
year to modify its labor and employment laws.
b. The Right to Organize and Bargain Collectively
The 1990 Labor Act allows workers to organize and bargain collectively.
Although trade unions are small and fragmented, collective bargaining takes
place. Each recognized union has guidelines for its activities specified by
the appropriate industrial council established and empowered by the Labor
Act. Union members' wages exceed legal minimums and are determined by
collective bargaining, arbitration, or agreements reached between unions and
management after insuring that the agreements are in compliance with labor
law. No denial of registration has been reported. The act also sets minimum
contract standards for hiring, training, terms of employment, and provides
that contracts may not prohibit union membership. Employers may not fire or
discriminate against members of registered unions engaged in legal union
activities.
The Government is attempting to establish an export processing zone at the
port of Banjul, but no manufacturer has begun operations yet.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits compulsory labor, and it is not known to occur.
Although the law does not prohibit specifically forced or bonded labor by
children, it is not known to occur. Most children performing customary chores
or who are engaged in petty trading do so as a part of an extended family.
d. Status of Child Labor Practices and Minimum Age for Employment
The statutory minimum age for employment is 18 years. There is no effective
compulsory education, and because of limited secondary school openings, most
children complete formal education by age 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 place. Child labor
protection does not extend to youth performing customary chores on family
farms or engaged in petty trading. In rural areas, most children assist their
families in farming and housework. In urban areas, many children work as
street vendors or taxi and bus assistants. The tourist industry has
stimulated a small amount of child prostitution (see Section 5).
Although the law does not prohibit specifically forced or bonded labor by
children, it is 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;
Agriculture; and Fisheries.
Labor, management, and the Government are represented on these councils. The
lowest minimum wage is about $1.04 (12 dalasis) per day for unskilled labor.
This minimum wage is not sufficient to provide a decent standard of living
for a worker and family. Only 20 percent of the labor force, essentially
those workers in the formal economic sector, are covered by the minimum wage
law. The majority of workers are employed privately or are self-employed,
often in agriculture. Most citizens do not live on a single worker's earnings
but share resources within extended families.
The basic legal workweek is 48 hours within a period not to exceed 6
consecutive days. A 30-minute lunch break is mandated. Nationwide, the
workweek 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
days 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 prevention,
and dangerous trades, and the Ministry is authorized to appoint inspectors to
ensure compliance with safety standards. Enforcement is 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. Workers may refuse to work in dangerous situations without
risking loss of employment.
f. Trafficking in Persons
The law prohibits trafficking in persons, and there were no reports that
persons were trafficked in, to, or from the country.
[end of document]
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