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. 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