The Constitution provides for the democratic election of the President every 5 years. National Assembly elections are held 3 months after the presidential elections. Presidential elections are scheduled for 2001. Local elections originally scheduled for 1998 were postponed until 1999. There are no obstacles to the participation of women in government; however, they are underrepresented. Only 1 of 45 members of the National Assembly is a woman; however, the Vice President (who is also Minister of Health) is a woman and 3 other ministers in the Cabinet are women. Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights There are several organizations whose mandates provide for human rights monitoring. The AFPRC's Decree 81 of 1996 requires nongovernmental organizations to register with a National Advisory Council, which has the authority to deny, suspend, or cancel any NGO's right to operate (including that of international NGO's). However, the Government did not take action against any NGO's during the year. There are three major organizations whose primary mandate is the promotion of human rights--the International Society for Human Rights (ISHRA), the African Center for Democracy and Human Rights Studies (ACDHRS), and the Institute for Human Rights and Development (IHRD). Both the ISHRA and the ACDHRS have conducted training in democratic rights and civic education. The IHRD is a new organization and focuses principally on the operations of the African Commission on Human and Peoples' Rights, an organ of the Organization of African Unity based in Banjul. 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. 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 normally outside their ordinary jurisdiction. Shari'a law usually is applied in divorce and inheritance. Marriages often are arranged, and polygyny is practiced. Women normally receive a lower proportion of assets distributed through inheritance than do male relatives. 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, although women generally are employed in endeavors such as food vending or subsistence farming. 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 one-third of high school students. Rape and assault are crimes. The law does not differentiate between married and unmarried women. 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. Depending on the ethnic group, some marriages are arranged. 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. Neither sexual harassment nor de facto sexual discrimination are believed to be widespread. Individual instances have been noted. 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 of all departments. However, lack of resources limits state provision of both education and health services. The Constitution mandates free compulsory primary education, but given 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 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 care and welfare of children in distress are considered primarily a family responsibility. In case of divorce, the Department of Social Welfare attempts to require periodic financial support by fathers; however, there is no criminal prosecution. Authorities intervene when cases of abuse or mistreatment are brought to their attention. 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. 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 anywhere from 60 to 90 percent. Seven of the nine major ethnic groups practice FGM at ages varying from shortly after birth until 18 years old. The Government in recent years publicly has supported the eradication of FGM and discourages FGM through health education. However, FGM carried out with parental consent is not considered a criminal act. The Government has not passed legislation against FGM and, in the absence of legislation, the judiciary is not prepared to address the problem. 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 fully accepted in society and encounter no discrimination in employment for which they are physically capable. Section 6 Worker Rights a. The Right of Association The Labor Act of 1990, 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. Roughly 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. Both organizations are recognized by the Government. 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 June 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 Labor Act of 1990 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 as yet no manufacturer has begun operations. c. Prohibition of Forced or Compulsory Labor The Constitution prohibits compulsory labor, and it is not known to occur. Although the law does not specifically prohibit 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 farm and housework. In urban areas, many children work as street vendors or taxi and bus assistants. Although the law does not specifically prohibit forced or bonded labor by children, apart from the general prohibition against forced labor, 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 $1.16 (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, is covered by the minimum wage law. The majority of workers are privately or 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 work days (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 to appoint inspectors to ensure compliance with safety standards. Enforcement is spotty due to insufficient and inadequately trained staff. Workers may refuse to work in dangerous situations without risking loss of employment. They may demand protective equipment and clothing for hazardous workplaces and have recourse to the Labor Department. EThomas [end of document] ________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------