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] ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------