Folks

I am forwarding the latest on Gambia Human Rights
Record as compiled by the US State Department for
Democracy and Human Rights.

From my observation, this report seems to be missing
out a lot of information on the current abuse of Human
Rights Law in The Gambia. It made no mention of the
unlawful sacking of Justice Hassan B Jallow and many
others. In addition, the case of Phoday Makalo has
never been mentioned in any of their reports, I wonder
why???

Perhaps, the US bureau should liaise with us on the
"L" to verify the facts before they publish
their report. I for one do not think this report was
well compiled!!

Please read on




Gambia, The

Country Reports on Human Rights Practices  - 2002
Released by the Bureau of Democracy, Human Rights, and
Labor
March 31, 2003


The Gambia is a republic under multiparty democratic
rule. President Alhaji Yahya A.J.J. Jammeh was
reelected president for 5 years in October 2001, in an
election the results of which the opposition initially
accepted and observers considered generally free and
fair, despite some shortcomings. Observers considered
the January legislative elections and the April local
election generally free and fair; however, the
coalition of the largest opposition parties boycotted
both elections. President Jammeh's political party,
the Alliance for Patriotic Reorientation and
Construction (APRC), won the majority of the National
Assembly and the majority of the local council seats.
The multiparty opposition remained weak and divided.
Unlike in the previous year, the Government did not
rely on the security forces to implement its policies.
The Constitution provides for an independent
judiciary; although the courts have demonstrated their
independence on occasion, the judiciary, especially at
lower levels, reportedly was subject to executive
branch pressure and corruption.
The Gambian Armed Forces reported to the Secretary of
State for Defense, a position that was held by the
President. The police reported to the Secretary of
State for the Interior. The National Intelligence
Agency (NIA) reported directly to the President but
otherwise was autonomous. The NIA was charged with
protecting state security by conducting intelligence
and covert investigations. These forces generally were
responsive to the Government; however, they
occasionally acted without direct orders. While
civilian authorities generally maintained effective
control of security forces, there were a few instances
in which elements of the security forces, particularly
the NIA, acted independently of government authority.
Some members of the security forces committed human
rights abuses.

The economy was market oriented with encouragement for
private enterprise, and a rapidly growing population
of approximately 1.4 million. Much of the population
was engaged in subsistence farming. The country's
farmers, a majority of whom were women, grow rice,
millet, corn, and groundnuts (peanuts), the country's
primary export crop. The high population growth rate
has diluted the positive effects of modest economic
expansion. Late rains decreased crop yields, hampered
economic growth, and increased the country's burden of
debt during the year. Per capita gross domestic
product was estimated to be $330.

The Government generally respected the human rights of
its citizens; however, there were serious problems in
some areas. Citizens exercised their right to change
their government in the January legislative elections
and the March local government elections, which most
observers considered relatively free and fair. Unlike
in the previous year, security forces did not commit
unlawful killings. Security forces harassed or
otherwise mistreated journalists, detainees,
prisoners, and opposition members. Prison conditions
remained good, and the Government took steps to
improve conditions at prisons during the year.
Security forces arbitrarily arrested and detained
citizens on a few occasions, particularly opposition
politicians and journalists. There were reports of
incommunicado detention. There was one known political
prisoner. The Government at times infringed on
citizens' privacy rights. The Indemnity law allows the
President to make someone immune from prosecution for
acts committed during any unlawful assembly, public
disturbance, riotous situation, or period of public
emergency. The Government limited freedom of the
press, and security forces at times arrested and
detained persons who publicly criticized or who
published embarrassing or inaccurate stories about the
Government. During the year, the Parliament passed a
National Media Commission Bill, which further
regulated and restricted freedom of speech and of the
press. Journalists practiced self-censorship. The
Government at times restricted freedom of assembly and
association. The Government at times enforced
restrictions on freedom of movement. In January
President Jammeh invited former President Dawda Jawara
to return to the country. Jawara previously remained
outside the country under threat of arrest and
detention on corruption charges. On June 1, President
Jammeh received former President Jawara at State
House. During the year, the country provided first
asylum for several thousand refugees from Senegal.
Violence and discrimination against women persisted.
The practice of female genital mutilation (FGM) was
widespread and entrenched. Child labor was a problem,
and there were some instances 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

Unlike in the previous year, there were no reports
that security forces committed unlawful killings.

Unlike in the previous year, there were no reports
that security forces shot and killed persons at
checkpoints. No action was taken, nor is any likely,
in the following 2001 cases: The January killing of
Bakary Cessay; or the October killing of Hussein
Wasni; or the October killing of Ousman Cessay.

No action was taken, nor is any likely, in the January
2000 killing of two military personnel.

In 2001 the Government established a commission to
examine the findings of a coroner's inquest into the
killings of 14 persons by security forces in April
2000; however, the Government rejected the
commission's findings and decided that no one would be
prosecuted (see Section 1.c.). The 2001 Indemnity Law
protected individuals from prosecution or legal action
by the families of the victims.

b. Disappearance

There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment

The Constitution prohibits such practices, and there
were no reports that government officials employed
them. There continued to be reports that security
forces mistreated detainees; however, there were no
reports that prisoners or opposition supporters were
tortured while in detention.

Police officers harassed journalists during the year
(see Section 2.a.).

Unlike in the previous year, there were no reports
that security forces shot and injured several persons
(see Section 1.a.) or that police harassed and
detained citizens and foreigners at gunpoint.

Unlike in the previous year, President Jammeh did not
threaten opposition members.

No action was taken against the responsible members of
the security forces who beat or otherwise abused
persons in the following 2001 cases: The February
beating of John Seneise; the April beating of
17-year-old Sukuta Secondary student, Brian Secka; and
the June beating of three athletes from Kanifing after
a volleyball match.

No action was taken against those responsible for
election violence in 2001.

No action was taken against the responsible members of
the security forces who beat or otherwise abused
persons in the following 2000 cases: The January
mistreatment of Ousman Ceesay or the May beating of a
journalist from the Democratic Republic of the Congo.

In January 2001, following the submission of the
government commission's report on the killing of 14
students by security forces in April 2000, the
Government announced that it disagreed with the
recommendations of the commission and, in the spirit
of reconciliation, nobody would be prosecuted. In
April 2001, after a heated debate, the National
Assembly approved a very controversial Indemnity Bill,
which was backdated to January 2000. The coalition of
lawyers and some National Assembly members who
disagreed with the bill said that the bill, which was
passed to amend the Indemnity Act of 1982, would deny
persons their right of access to justice. The bill
read: "The President may, 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
May 2001, the President signed the bill, despite a
general outcry and petitions from human rights
organizations. The legislation prevents those
affected, including parents of children killed in
April 2000, from seeking redress in any court in the
country.

There were no reports of violence related to the
January legislative elections.

Conditions at Mile 2, Janjanbureh, and Jeshwang
prisons remained spartan but adequate. The
International Committee of the Red Cross (ICRC)
visited Mile 2 and Jeshwang prison during the year and
found that the conditions were good. Prisoners
received three meals a day, each prison had an
infirmary, and outside doctors were brought in to
provide additional 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. The Prison Department organized a
Prison Rehabilition Week (PRW), which focused public
attention on the prisoners and raised funds for skills
training for prisoners. The program also targeted
female and juvenile prisoners.

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 experience overcrowding.
Inmates, including detainees awaiting charges and
those who were charged and awaiting trial,
occasionally had to sleep on the floor; they were
provided with mats or blankets. Police were reluctant
to terminate fistfights between prisoners until the
dispute was settled, and many of the prisoners were
injured. Women, juveniles, and pretrial detainees were
housed separately. There was no separate section or
facility for political prisoners; there was only one
known political prisoner.

Unlike in previous years, local nongovernmental
organizations (NGOs) generally were permitted to visit
prisons upon request. Representatives from the African
Commission on Human and Peoples Rights and the ICRC
visited the three prisons during the year.

d. Arbitrary Arrest, Detention, or Exile

The Constitution includes provisions to protect
against arbitrary arrest and detention; however,
police and security forces arbitrarily arrested and
detained citizens on a few occasions. Periods of
detention ranged from a few hours to 2 weeks. There
were reports that some detainees were held
incommunicado.

The Government has not revoked formally military
decrees enacted prior to the 1997 Constitution that
give the NIA and the Secretary of State for the
Interior broad power to detain individuals
indefinitely without charge "in the interest of
national security." The Constitution provides that
decrees remain in effect unless inconsistent with
constitutional provisions. These detention decrees
appear to be inconsistent with the Constitution, but
they have not been subject to judicial challenge. The
Government has stated that it no longer enforced these
decrees; however, in some instances, the Government
did not respect the constitutional requirement that
detainees be brought before a court within 72 hours.
Detainees often were released after 72 hours and
instructed to report to the police station or NIA
headquarters periodically until their case went to
trial. During the year, many local police stations and
the NIA changed their procedures and practices to
satisfy the constitutional requirement that any
detainee be released or charged within 72 hours.

The law requires that authorities obtain a warrant
before arresting a person; however, persons were
arrested without them. Detainees were not always
allowed prompt access to family members or a lawyer.
There was a functioning bail system.

Police arrested and detained opposition party
supporters; however, there were no reports of torture
in detention. For example, on November 22, police
arrested the leader of the UDP, Ousainou Darboe, and
two other UDP members, Shyngle Nyassi and Marong
because a judge revoked their bail in the murder case
that has been pending since July 2000. On November 29,
the court again released Darboe on bail. On December
2, Nyassi and Marong also were released on bail. At
year's end, the trial was scheduled to resume in
February 2003.

Security forces detained persons who expressed views
in disagreement with the Government (see Section
2.a.). Security forces detained journalists during the
year (see Section 2.a.). Unlike in the previous year,
there were no reports that religious leaders were
detained.

On June 27, the court acquitted Omar Jallow and his
four associates of eight counts of conspiracy,
assault, trespassing, and threatening violence.

The trials of two UDP supporters charged with breach
of peace for allegedly playing a UDP political rally
videocassette on the Bantanto Community Television
remained pending at year's end.

No action reportedly was in the 2001 case of UDP
activist Kassa Jatta; UDP militant Musa Fatty; Alanie
Mybally, former vice president of Gamsu; Dr. Momodou
Lamin Manneh, an opposition supporter; Citizen FM
Radio director George Christensen; and Muhammed Lamin
Sillah from Amnesty International. The NIA released
all without charge except for Sillah. Sillah was held
incommunicado and released after he was charged with
inciting genocide and confusion and attempting to
overthrow the Government; he was not tried.

There were no developments in the 2000 detention of
Ebrima Yabo, Ebrima Barrow, Momodou Marenah, Dumo
Saho, Lalo Jaiteh, and Omar Darboe on suspicion of
attempting to violate state security.

Unlike in previous years, security forces did not
detain persons who expressed views in disagreement
with the Government.

In previous years, security forces arrested persons
for allegedly plotting to overthrow the Government. At
least one soldier, the alleged coup leader, arrested
in 2000 for plotting to overthrow the Government,
remained in detention at year's end.

The slow pace of the justice system resulted in remand
prisoners waiting long periods in pretrial detention.
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 inmates.
Most of the detainees have been in the remand wings of
the Mile 2 and Janjanbureh prisons for more than 4
years without trial.

The Government did not use forced exile. Senior
officials of the former government, including Vice
President Saihou Sabally and Secretary General Abdou
Sara Janha, remained outside the country for fear of
harassment or detention but did not face official
charges. Threats were used to prevent these
politicians from returning home to participate in the
presidential election, despite the repeal of Decree 89
and the enforcement of the orders of the commissions
of inquiries on the assets of the affected politicians
(see Section 3). Former President Sir Dawda Jawara
returned to the country during the year following a
December 2001 invitation from President Jammeh. Jawara
previously remained outside the country under threat
of arrest and detention on corruption charges. On June
1, President Jammeh received former President Jawara
at the state house.

e. Denial of Fair Public Trial

The Constitution provides for an independent
judiciary; however, in practice the judiciary
reportedly at times was subject to executive branch
pressure, especially at the lower levels. Nevertheless
the courts have demonstrated independence on several
occasions, at times in significant cases. For example,
in June the courts ruled that the Government must
return the passport of opposition politician Omar
"O.J." Jallow after the Immigration Department seized
it (see Section 2.d.).

The judicial system suffered from corruption,
especially at the lower levels, and from inefficiency
at all levels. Many cases were not heard for months or
years because the court system was overburdened and
lacked the capacity to handle the high volume of
cases. In an effort to alleviate the backlog and
reduce the possibility of undue influence and
corruption, the Government solicited judges and
magistrates from other Commonwealth countries who
share a similar legal system. Despite these steps, the
problem of corruption in the legal system persisted.
The Constitution provides for the right to a fair
trial; however, the lack of resources and widespread
corruption limited this right in practice.

The judicial system comprises the Supreme Court, the
Court of Appeal, high courts, and eight magistrate
courts. Village chiefs presided over local courts at
the village level. Trials were public, and defendants
had the right to an attorney at their own expense.
Defendants received presumption of innocence; had the
right to confront witnesses and evidence against them;
presented witnesses on their own behalf; and could
appeal judgement to a higher court.

The judicial system recognizes customary, Shari'a, and
general law. Customary law covers marriage and divorce
for non-Muslims, inheritance, land tenure, tribal and
clan leadership, and all other traditional and social
relations. Shari'a law was observed primarily in
Muslim marriage and divorce matters; and it favored
men in its provisions. Christian and civil marriage
and divorce matters were settled by the appropriate
church and the Office of the Attorney General. General
law, following the English model, applied to felonies
and misdemeanors in urban areas, and to the formal
business sector.

In 1997 the Court of Appeal overturned the treason
convictions and death sentences of four men accused of
leading an abortive coup in 1996. The Government
appealed this decision to the Supreme Court, and the
case remained before the Supreme Court at year's end.

Persons have been held for extended periods without
trial (see Section 1.d.).

There was one known political prisoner, a former AFPRC
vice chairman, Lieutenant Sana Sabally, who was
serving 9 years at Mile 2 prison in Banjul for
conspiring to assassinate the President in 1995.
International and domestic human rights organizations
were not permitted access to him.



f. Arbitrary Interference with Privacy, Family, Home,
or Correspondence

The Constitution prohibits such abuses; although the
Government generally respected these prohibitions, in
practice there were some exceptions. The Government
has not repealed Decree 45, which abrogates
constitutional safeguards against arbitrary search and
permits search and seizure of property without due
process. This decree formally remained in effect,
pending a judicial finding that the decree is
inconsistent with the Constitution. In practice the
Government appeared not to enforce it, but no court
case has been brought to test the decree's
constitutionality. In some instances, security forces
forcibly entered homes to arrest citizens without
warrants.

Opposition politician Omar "O.J." Jallow alleged that
security forces entered his compound without
permission at night to arrest him when they
confiscated his passport and detained him.

Observers believed the Government monitored citizens
engaged in activities that it deemed objectionable.

The Government restricted the right to transfer funds
and in previous years, confiscated the assets of most
senior officials of the former Jawara government.

In April 2000, the Tambakoto village head illegally
seized the land of five UDP activists; the lands had
not been returned by year's end.

There were no investigating commissions formed during
the year.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech and
the press, however, in practice the Government limited
the full exercise of these freedoms by using
intimidation and restrictive media legislation. The
Government also employed arrest, detention, and
interrogation to intimidate journalists and newspapers
that published articles that it considered inaccurate
or sensitive. As a result, journalists practiced 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 (see Section
1.d.). For example, on September 16, the NIA detained
Omar "O.J." Jallow for critical remarks he made about
the Government (see Section 2.d.).

No subsequent action was taken in the case of Muhammed
Lamin Sillah, the coordinator of the Coalition of
Human Rights Defenders and Secretary General of the
domestic chapter of Amnesty International.

Decrees 70 and 71 continued to inhibit free reporting.
The decrees require all newspapers to post a $4,500
(100,000 dalasi) bond or cease publication. The bond
was 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
possession and distribution of documents deemed to be
"political literature" was not barred by decree, and
the ruling APRC and opposition parties distributed
leaflets and papers that could be considered
"political literature" during the year. Although still
independent, the nongovernment press practiced a
degree of self-censorship. Despite government
harassment, strong criticism of the Government was
frequent, and opposition views appeared in the
independent press.

English, French, and other foreign newspapers and
magazines were available. The Government published a
daily newspaper, the Gambia Daily. The Daily Observer,
though independent, favored the Government in its
coverage; however, during the year, there were a few
occasions that the newspaper featured an editorial
that criticized the Government's position on the Media
Commission Bill. There were four other independent
newspapers, including one published by an opposition
political party, and one independent weekly magazine.
All newspapers that were not state-owned pay a $4,500
(100,000 dalasi) mandatory registration fee.
Independent publications continued to operate;
however, they complained that the fee places a serious
financial burden on them.

On August 5, President Jammeh signed the National
Media Commission Bill, which imposed restrictions on
the press's ability to cover the news. The legislation
gave a state-appointed committee the right to license
and register journalists (and to impose subject heavy
fines and suspension for failure to do so), force
reporters to reveal confidential sources, issue arrest
warrants to journalists, and formulate a journalistic
code of ethics. A high court judge, who would be
chosen by the Chief Justice, would chair the Media
Commission. The media and international press
organizations criticized the media commission as a
potential infringement on press freedom. The
commission will include four government
representatives: the Permanent Secretary of the
department responsible for information, the Director
General of Gambia Radio and Television Services
(GRTS), the Executive Secretary of the Commission, and
a representative of the Women's Bureau. It also will
include representatives of the following 5 NGOs: The
Gambia Press Union (an independent press
organization), the Gambia Teachers Union, the Supreme
Islamic Council, the Gambian Christian Council, and
the Gambia Bar Association.

Security forces and police harassed and detained
journalists. The Government detained, questioned, and
otherwise harassed journalists and editors of
newspapers that published articles it considered
inaccurate or sensitive. For example, on July 19, the
NIA arrested a Congolese reporter from the Pan African
News Agency (PANA), Guy Patrick Massoloka, and
detained him for approximately 2 weeks. Massoloka
claimed mistreatment in detention. The Government
claimed Massoloka published an unregistered weekly
newspaper and deported him before filing charges
against him.

On August 2, the NIA arrested and detained Pa Ousman
Darboe and Alhaji Yoro Jallow, reporters at the
Independent newspaper, in relation to an article
alleging that the Vice-President had remarried. Both
were released within 72 hours of detention.

There reportedly was no action taken against the
members of the police responsible for detaining, and
in some cases beating, Alieu Badara Mansaray; UDP
activist Kassa Jatta; Momadou Thomas; Bakary Manneh;
and Namory Thawl in 2001.

Unlike in the previous year, there were no reports
that security forces forcibly entered the homes of
journalists.

The Government generally did not restrict the
publication, importation, or distribution of written
material; however, some problems remained. On April
20, police arrested and detained until April 24
without bail Musa Sanyang for printing and
distributing photographs of Omar Ceesay, an
independent candidate in the election for Basse
council chair. On April 20, police in Basse arrested
Musa Sanyang and held him until April 24 without bail.
The police released him without charge and without
stating a reason for the arrest, although Sanyang
believed it was related to his support for an
independent candidate in the April 25 local election.

Unlike in previous year, President Jammeh did not
threaten Gambia Radio.

One government controlled and four private radio
stations broadcast during the year. Occasionally there
were public affairs broadcasts on at least two
independent radio stations. Local stations sometimes
rebroadcast the British Broadcasting Corporation
(BBC), Radio France Internationale, and other foreign
news reports, and all were available via shortwave
radio. Senegalese television and radio were 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 limited coverage to opposition
activities, including statements by opposition
parliamentarians in the National Assembly. However,
during the January and April elections, opposition
candidates had frequent and fair access to state-owned
radio and television. In most other respects, the
state media served as propaganda instruments for the
Government and its supporters.

Former producer Peter Gomez did not appeal his
dismissal from state-owned Radio Gambia.

Unlike in previous years, there were no reports that
security forces arrested journalists on the pretext of
financial matters regarding their stations. Citizen FM
was known in the past for its civic education and
political programming and remained closed at year's
end. At year's end, Baboucarr Gaye, the owner of
Citizen FM, had paid the entire amount of an alleged
tax owed to the Government; however, he had not been
allowed to appear in court or re-open the radio
station.

There was convenient, inexpensive Internet access
through Internet cafes and private accounts. The
Government did not restrict Internet access or
operation.

The Government did not restrict academic freedom.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly;
however, at times the Government limited this right in
practice. The authorities interfered with efforts by
the principal opposition party, the UDP, to organize
public meetings. For example, in May the UDP had
applied for and received a permit to use a public
address system during a tour of the North Bank. After
the tour began, the UDP received a letter from the
Inspector General of Police revoking the permit with
no cause stated. The UDP and other opposition parties
held public rallies freely the rest of the year, and
there were no reports that security forces disrupted
demonstrations.

In May 2001, the President signed a bill that allows
him to indemnify, or grant amnesty to, any person he
determines for any action done during an unlawful
assembly or other disturbance (see Section 1.c.).

The Constitution provides for freedom of association;
however, the Government restricted this right in
practice. The AFPRC's Decree 81 of 1996 requires NGOs
to register with the National Advisory Council, which
has the authority to deny, suspend, or cancel the
right of any NGO to operate, including that of
international NGOs. However, the Government did not
take action against any NGOs during the year.

Unlike in the previous year, the Government did not
expel foreign diplomats from the country.

c. Freedom of Religion

The Constitution provides for freedom of religion, and
the Government generally respected this right in
practice.

No subsequent action was taken in the 2001 case of
Imam Baba Leigh.

For a more detailed discussion see the 2002
International Religious Freedom Report.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution provides for these rights but allows
for "reasonable restrictions," which the Government at
times enforced. Unlike in previous years, police did
not harass or detained citizens and foreigners at
gunpoint or shoot or kill anyone at checkpoints.

The authorities prohibited those under investigation
for corruption or security matters from leaving the
country. On March 24, when People's Progressive Party
(PPP) leader Omar "O.J." Jallow returned from
observing a foreign election, government officials
confiscated his passport. Jallow claimed that the
seizure was in retribution for politically charged
remarks he had made comparing the country's
presidential election to other African countries. The
Government claimed it had the right to hold Jallow's
passport to prevent him from traveling while he faced
corruption charges; however, earlier in the month, the
judge in the case against Jallow had granted him
permission to leave the country. The Government also
failed to return the passport when ordered to do so by
the court and continued to hold it after Jallow was
acquitted. On September 26, the Government returned
Jallow's passport.

Unlike in the previous year, there were no reports
that security forces harassed immigrants.

The law provides for the granting of asylum or refugee
status in accordance with the 1951 U.N. Convention
Relating to the Status of Refugees and its 1967
Protocol, and the Government granted first asylum to
refugees and generally cooperated with the office of
the U.N. High Commissioner for Refugees (UNHCR) and
other humanitarian organizations. The Government
worked with the UNHCR and local NGOs in processing
refugee claims. The country hosted approximately 3,500
Senegalese refugees from the troubled Casamance
region, as well as approximately 4,500 additional
refugees from Guinea-Bissau, Liberia, and Sierra
Leone.

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 Their Government

The Constitution provides citizens with the right to
change their government peacefully, and citizens
exercised this right in legislative and local
elections. The APRC continued to dominate the
political landscape during the year. In October 2001
presidential election, which most observers considered
to be relatively free and fair despite some
shortcomings, the President was reelected. The
Constitution provides for the democratic election of
the President every 5 years.

In January National Assembly elections were held and
the major opposition coalition decided to boycott the
elections. The opposition coalition accused the
Independent Electoral Commission (IEC) of allowing
fraudulent voter registrations and mismanaging both
the presidential and national elections. The boycott
was criticized widely as unjustified and as an
inappropriate response to the alleged fraud and left
many of its own candidates unfunded and unsupported at
the time of the election. In January the APRC won the
majority for the National Assembly, in part because
the UDP/PPP opposition coalition boycotted the
legislative election. The Democratic Organization for
Independence and Socialism (PDOIS) won two seats and
the National Reconciliation Party (NRP) won one seat.
The President appointed four members of his own party
and one former opposition presidential candidate to
the 48-member assembly.

In April local elections were held that were
considered generally free, fair, and transparent;
however, the UDP boycotted the local elections, which
allowed the APRC to run unopposed for many seats.
There were unsubstantiated reports of vote-buying by
the APRC and opposition parties.

In June 2001, the National Assembly passed several
amendments that reduced the power of the IEC to
control many fundamental election matters. The
National Assembly gained the power to set the
registration requirements for political parties and
change constituency boundaries; local chieftaincies
became presidential appointments instead of elected
positions; voter registration requirements were
relaxed; and the IEC lost the right to question voters
about their citizenship during the registration
process. International observers described the October
2001 presidential electoral process as generally free
and fair, despite some shortcomings. Five opposition
parties competed in the election and won approximately
47 percent of the votes cast; President Jammeh won
approximately 53 percent of the vote. The opposition
political parties initially conceded but then accused
the Government of bribing voters and issuing threats,
both explicit and veiled, against individuals and
communities that did not support the incumbent. They
accused the IEC of registering foreigners and issuing
them voter cards, thereby permitting them to vote in
the elections. Observers agreed there probably were
some irregularities in the registration process, but
on a much smaller scale than the UDP/PPP/GPP coalition
alleged. The post-election period was marred when
Jammeh fired more than 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 arrested and
detained many opposition supporters throughout the
country.

Approximately 55 percent of women registered to vote
in the October 2001 presidential election. There were
7 women in the 48-seat National Assembly; three were
elected, four were appointed by the President. There
were 3 women in the 15-member Cabinet, including the
Vice President. The Secretary General of the
Government (the president's chief of staff and head of
the civil service) was also a woman.

There were no statistics available on the percentage
of minorities who compose the legislature or the
cabinet. President Jammeh and many members of his
administration were Jolas, an ethnic group that
previously was marginalized; however, it now actively
participates in government.

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. The Government
officials were somewhat cooperative and responsive to
their views.

Unlike in the previous year, authorities did not
arrest human rights activists.

Unlike in previous years, there were no sensitive,
public cases of termination appealed to the ombudsman.


Section 5 Discrimination Based on Race, Sex,
Disability, Language, or Social Status

The Constitution prohibits discrimination based on
race, sex, disability, language, or social status, and
the Government generally respected these prohibitions.


Women

Domestic violence, including abuse, was a problem. It
was reported occasionally, and its occurrence was
believed to be common. Police tended to consider these
incidents to be domestic issues outside of their
ordinary jurisdiction. Rape, spousal rape, and assault
are crimes under the law; rape was not common. The law
against spousal rape is difficult to enforce
effectively, as many people do not consider it a crime
and fail to report it. The law does not differentiate
between married and unmarried women in this regard.

The practice of FGM was widespread and entrenched.
There is no law against the practice. Reports placed
the number of women who have undergone FGM at between
60 and 90 percent. Approximately seven of the nine
major ethnic groups practiced FGM at ages varying from
shortly after birth until 16 years old. FGM was less
frequent among the educated and urban segments of
those groups that practice FGM. There were unconfirmed
reports of incidences of health-related complications,
including deaths, relating to the practice of FGM;
however, no accurate statistics were available. In
recent years, the Government publicly has supported
efforts to eradicate FGM and discouraged FGM through
health education; however, the Government has not
passed legislation against FGM, which is not
considered a criminal act. President Jammeh publicly
has stated that the Government would not ban FGM;
however, the Government was working to convince
traditional village leaders to support the abandoning
of the traditional practice of FGM.

In June the media reported that religiously-motivated
kidnapers abducted a 13 year-old-girl in Tanji village
and forcibly circumcised her. The kidnapers did not
deny the charges; rather they asserted that their
action was justified because the girl voluntarily
visited the circumcision site during the appointed
period. Tradition dictates that an eligible girl who
visits the circumcision site during the appointed
period must be circumcised. Police filed criminal
charges under laws prohibiting kidnaping and child
endangerment. At least one women's group publicly
protested the judge's decision against the defendants.
As of this writing, the decision has been appealed,
and the family is considering civil charges.
Practitioners of FGM and other types of circumcision
in the country firmly believe that Islam mandates it
and its surrounding rites; however, Imam Baba Lee of
the Kanifing Mosque declared that Islam forbids such
harmful customs.

Prostitution is illegal but was a growing problem.

Sexual harassment is not prohibited by law and the
Department of Women's Affairs oversee programs to
ensure the legal rights of women. Sexual harassment is
not believed to be widespread, although individual
instances have been noted. 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 places 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 received a lower proportion of assets
distributed through inheritance than did male
relatives.

Marriages often were arranged and, depending on the
ethnic group, polygyny was 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.

The Department of Women's Affairs, under the direction
of the Vice President, oversees programs to ensure the
legal rights of women. Active women's rights groups
exist (see Section 4).

Children

The Government was committed to children's welfare.
The Department of Education and the Department of
Health, Social Welfare, and Women's Affairs were 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 prevented effective
compulsory education. The participation of girls in
education was very low. Girls constituted
approximately 40 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.

In October the Government implemented a program to pay
school fees for all girls. The program covered only
the highly populated area around the capital city in
the first year; however, the Government hopes to
expand the program to the entire country.

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 subjected to
criminal penalties.

FGM was performed primarily on young girls (see
Section 5, Women).

Child prostitution was a problem (see Section 6.f.).

Persons with Disabilities

There were no statutes or regulations requiring
accessibility for persons with disabilities. No legal
discrimination against persons with physical
disabilities existed in employment, education, or
other state services. Persons with severe disabilities
subsisted primarily through private charity. Persons
with less severe disabilities were accepted fully in
society, and they encountered no discrimination in
employment for which they physically were capable.

Section 6 Worker Rights

a. The Right of Association

The 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.
Unions must register to be recognized, and there were
no cases where registration was denied to a union that
applied for it. The Labor 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. Approximately 30,000 workers were union
members, constituting an estimated 10 percent of the
work force.

The Gambian Worker's Confederation (GWC) and the
Gambian Workers' Union (GWU) were the two main
independent and competing umbrella organizations. The
Government recognized both organizations.

Employers may not fire or discriminate against 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.

Unions and union confederations may affiliate
internationally, and there were no restrictions on
union members' participation in international labor
activities. The Gambia Worker's Union (GWU) was 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. Although trade unions were small and
fragmented, collective bargaining took place. Each
recognized union has guidelines for its activities
determined by the Joint Industrial Council Agreement
(JIC), an arrangement among all of the active trade
unions and their employers, which was drafted and
signed by the unions. 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. Union members' wages
exceeded legal minimums and were determined by
collective bargaining, arbitration, or agreements
reached between unions and management and considered
to be legal after insuring that the agreements are in
compliance with the JIC. No denial of registration was
reported. The act also sets minimum contract standards
for hiring, training, terms of employment, and
provides that contracts may not prohibit union
membership.

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). The Labor Act specifically
prohibits 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 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. There were no strikes
during the year.

The Government established an 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 Bonded Labor

The Constitution prohibits forced or bonded labor and
there were no reports that such practices occurred.
The law does not prohibit specifically forced and
bonded labor by children; however, it is not known to
occur.

d. Status of Child Labor Practices and Minimum Age for
Employment

The Government does not have a comprehensive plan to
combat child labor. The statutory minimum age for
employment is 18 years. There is 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.
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. 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. There were a few instances of child street
begging. The tourist industry has stimulated a low
level of child prostitution (see Section 5).

The Department of State for Labor was responsible for
implementing the terms of the ILO Convention 182 on
the worst forms of child labor.

e. Acceptable Conditions of Work

Minimum wages and working hours were established by
law through six joint industrial councils and labor,
management, and the Government were represented on
these councils. The lowest minimum wage was
approximately $0.66 (12 dalasi) per day for unskilled
labor. This minimum wage was not sufficient to provide
a decent standard of living for a worker and family.
The minimum wage law covers only 20 percent of the
labor force, essentially those workers in the formal
economic sector. The 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 basic legal workweek was 48 hours within a period
not to exceed 6 consecutive days. Nationwide the
workweek included 4 8-hour workdays and 2 4-hour
workdays (Friday and Saturday). A 30-minute lunch
break was mandated. Government employees were 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
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 workers who do so risk loss of
employment.

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; however,
there were reports of trafficking in persons. The
tourist industry has stimulated a low level of child
prostitution, which was prosecuted vigorously.









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