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Gambia - Twentieth session - 2014
28 October 2014 - 2.30 p.m. - 6.00 p.m.
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Accepted and rejected recommendations
II. Developments since the last review A. Equitable access to education
6. It is notable that under the Education for All and the Fast Track Initiative, The Gambia is one of the leading African countries that have met the Millennium Development Goals with respect to primary school enrolment free of charge, as well as gender parity.
7. Since the last reporting period, in order to promote and safeguard the right to education for all, the Government has constructed more schools with a proximity range of 3 kilometers to provide access to education to every Gambian child. There are currently 896 national Early Childhood Development Centers, 599 Lower Basic Schools (LBS), 113 Upper Basic Schools (UBS), 194 Basic Cycle schools (BCS) and122 Senior Secondary Schools (SSS). This is a significant increase from 520 LBS, 91 UBS, 158 BCS and 99 SSS in 2010.
8. There has also been a recorded significant increase in school enrolment at different education levels and particularly, in the number of girls’ enrolment. At the Lower Basic cycle, the Gross Enrolment Rate increased from 88.3% in 2010 to 92.5 % in 2013. This includes Madrassa (Islamic religious schools) enrolment which is now officially recognized. During the same period, the Gross Enrolment Rate for girls increased from 89.1% to 93.7% and for boys from 87.5% to 91.4 %.
9. There has however been a decline in the lower basic completion rate from 73.9% in 2010 to 73.1%. In the Upper Basic cycle the Gross Enrolment Rate increased from 66.2% in 2010 to 68.1% in 2013. This growth in enrolment represents an average annual growth of
15%. It is worth noting that the period between 2010 and 2013 has witnessed a remarkable increase in the Upper Basic Gross Enrolment Rate of the girl-child, from 65.6% in 2010 to 68.1% in 2013. There have also been more boys enrolled in upper basic education from a gross enrolment rate of 66.9% in 2010 to 68.9% in 2013.
10. Furthermore, Secondary School enrolment has improved from 33.9% in 2010 to 39.1% in 2013 with a notable increment in the enrolment of the girl child from 30.6% in 2010 to 39.1% in 2013.
11. This increment is reflective of Government`s efforts to increase access to education for the girl child and to expose her to better opportunities in life. The Government engages in public sensitization programmes to encourage parents to make educating their female children, in addition to the male a priority.
14. The Government also invests in capacity building of the educators from basic level to tertiary level of education both within the country and overseas with the objective of providing valuable, high quality education for all. In addition, periodic review of the academic curriculum is conducted to ensure that schools provide high quality of education that is relevant for Human development and empowerment.
15. These education reforms are in accordance with the National Education Policy 2004- 2015, to reduce the rate of illiteracy by 50% by 2015 and the Dakar Framework for Action, which promotes the creation of a literate society sufficient to contribute to the socio- economic advancement of the population.
B. Gender-based violence
16. In order to combat the vice of gender violence, the National Assembly passed the Domestic Violence and Sexual Offences Bills on 17th December. These two Acts will be of significance in addressing violence against women and girls. The Domestic Violence Act 2013 addresses domestic violence; provides protection for the victims of domestic violence, particularly women and children. The Sexual Offences Act criminalizes every form of sexual assault, exploitation and harassment.
- Maternal health and infant mortality
22. There is in place a National Health Policy, 2012–2020 exists which promotes the right to health for all and its vision statement is the Provision of quality and affordable Health Services for All By 2020. All the organs of the Government are enjoined to observe and be guided by this principle of State policy with the view of fulfilling its objective of Promoting and protecting the health of the population through the equitable provision of quality health care services.
23. Maternal and Antenatal health care including family planning is offered free of charge in all Government health facilities. Primary and secondary health care have also significantly expanded (to meet the attainment of Universal Access to healthcare), and increased immunization has reduced mortality rates. In The Gambia the large majority of women receive antenatal care from skilled health providers, and 86 percent of women received antenatal care from skilled health professionals, that is, a doctor, nurse, or midwife, during the pregnancy for their most recent birth in the last five years.
24. Antenatal coverage varies little by mother’s characteristics, and even among women with no education 84 percent receive antenatal care. Among rural women the proportion is 85 percent. Tetanus toxoid injections are given to women during pregnancy to protect infants from neonatal tetanus, a cause of infant death that is due primarily to unsanitary conditions at childbirth. Micro-nutrient deficiencies which are a major cause of morbidity and mortality are being addressed through a nutrition supplementation programme. These and other interventions such as increased number of births attended by trained antenatal personnel and maternal education have contributed to the decline in infant mortality and improved maternal health.
25. Maternal mortality rates were estimated at 1050 per 100,000 live births in 1999 and the recently concluded Demographic Health Survey in 2013 indicates Reduction of Maternal mortality to 433 per 100,000 live births. The DHS 2013 and others also show infant and under five mortalities rates were 75 per 1000 and 99 per 1000 live births respectively in 2005, and in 2013 these indicators were 34 per 1000 and 54 per 1000 live births respectively. These figures indicate that the Gambia for the past six (6) years had registered reduction in infant mortality by 54 percent and for under five mortality by 45 percent.
26. As expected, neonatal mortality (mortality during the first month) is higher than post neonatal mortality (22 deaths per 1,000 compared with 12 deaths per 1,000), representing 65 percent of the overall infant mortality.
27. The Gambia continues to maintain high immunization rates above 90 percent for all the antigens for children and during 2013 had successfully conducted nationwide vaccination against Meningitis A, several immunization days for Polio vaccines and has introduced Rotavirus vaccine into its childhood vaccination schedules.
D. The rights of children
28. The Gambia ratified the Convention on the Rights of the Child and the provisions of this Convention were domesticated in the Children`s Act 2005. Apart from the 1997 Constitution of The Gambia and the Children's Act 2005 other legal instruments which provide for child protection include the Tourism Offences Act 2003, Trafficking in Persons Act 2007, Labour Act 2007 and the Women's Act 2010 and the Criminal Code.
29. In order to ensure rigorous enforcement of these laws, the Department of Social Welfare frequently trains law enforcers on them, strengthening their capacity in investigation and interviewing techniques especially for crimes of sexual nature against children. It has also established child rights and protection units within the Gambia Police Force, Gambia Immigration Department and the Gambia Armed Forces and provides continuous capacity development to the officers in these Units.
30. With support from UNICEF in 2012, the Department of Social Welfare developed a Child Protection Training Manual for the Gambia Police Force which has been mainstreamed into the training curriculum of the Gambia Police Training Academy. The Gambia Armed Forces also has a similar training manual, developed with support from Child Fund-The Gambia, which is part of the training curriculum of the Gambia Armed Forced Training School.
31. Similar training Manuals have been developed on Prevention of Gender Based Violence by the Gambia Women's Bureau in 2013 and Prevention of Child Sex Tourism by the Gambia Tourism Board in 2012.
32. The Gambia Tourism Board provides routine capacity building on the Tourism Offences Act 2003 for members of the Tourism Security Unit. These initiatives, coupled with the public sensitization on the media and community social mobilization campaigns that the Department of Social Welfare conducts in partnership with civil society organizations are geared towards effective and rigorous enforcement of the legislative instruments.
33. The Government has created the enabling environment for Civil Society Organizations working on rights of children. For example, The Gambia Tourism Board has partnered with the Child Protection Alliance, a child rights coalition in The Gambia, which in partnership with the Gambia Tourism Board has from 2010 to date, sensitized 151 stakeholders (taxi drivers, hotel workers, tourist Guides, personnel of the Tourism Security Unit, small scale entrepreneurs) in the Tourism industry on the Code of Conduct of the Gambia Tourism Board for the Protection of Children and the Tourism Offences Act 2003, to ensure greater protection of children from sexual exploitation in tourism.
34. The Child Protection Alliance also conducts training for media practitioners on responsible reporting of children's issues in the media and successfully encouraged the Gambia Press Union to adopt in July 2012 a Code of Conduct for Media Practitioners on Reporting Stories Relating to Children.
35. In December 2013, the Gambia Tourism Board, in collaboration with the Child Protection Alliance, launched an electronic signboard with messages on The Gambia's stance against Child Sex Tourism at the arrival lounge of the Banjul International Airport. 36. The Department of Social Welfare and Child Protection Alliance, with support from UNICEF have established five Neighborhood Watch Groups within the Tourism Development Area of Senegambia, in the communities of Bakau, Kololi, Manjai Kunda, Bijilo and Kerr Serign.
37. These Groups, comprising of young people and adults from the communities, raise awareness on child sexual abuse and exploitation issues among community members, identify and mobilize existing community level structures in child rights and protection work at community level, empower and involve communities in addressing protection issues affecting children at community level and report suspected cases to the Police.
38. Between 2012 and 2013, different information and educational materials have been produced on child protection, in particular on child sex tourism and disseminated to hotels, other tourism establishments and schools.
39. The Department of Social Welfare and the Child Protection Alliance have engaged in series of community mobilization campaigns to promote the rights of children.
40. Other Civil Social Organizations such as the Female Lawyers Association of The Gambia, the Network against Gender Based Violence and the Child Protection Alliance conduct radio programmes (radio talk shows and phone-in) to promote respect for the rights of women and children.
41. The Department of Social Welfare has received support from UNICEF for capacity building of child protection professionals and development of training manuals on child rights and child protection.
42. UNICEF has also supported the Department of Social Welfare to establish and strengthen Multi- Sectoral Community, Child Protection Committees in communities across the country, to further the protection of children from all forms of violence and exploitation.
43. In its efforts to effectively combat child sexual abuse and exploitation, the Department of Social Welfare reviewed and updated its National Plan of Action against the Sexual Abuse and Exploitation of Children 2011-2015 in order to strengthen the protective environment for children.
44. The National Gender Policy and Women Empowerment 2010-2020 addresses the existing gender imbalances and ensure sustained and sustainable socio-economic development.
45. The Criminal Code, Laws of The Gambia also criminalizes any form of sexual activity with children and the Ministry of Justice has keenly prosecuted all such cases and it is the policy within the ministry to push for the strongest punishment against convicts of sexual offences against children.
46. All police stations country wide now have Child Welfare Units. Each of these units has trained Child Welfare Officers to address issues relating to children.
47. The primary function of these units is to deal with minors who are endangered or in conflict with the law in ways which protect their rights. The Police Child Welfare Officers undergo continuous training on juvenile justice and administration, children`s rights, inclusive of international standards for the administration of juvenile justice and prevention of juvenile delinquency by the Government under the auspices of the Ministry of Justice, Department of Social Welfare with the collaboration of UNICEF and Civil Society Organisations.
48. Judicial reforms have also been made to ensure protection of children`s rights and in ensuring Juvenile Justice. Two additional Children’s Courts have been established, one in Brikama and another in Basse. The State provides the child offenders with free legal representation through the National Agency for Legal Aid.
49. Children in conflict with the law are always separated from adults as required by the Constitution, the Prison Act and Children’s Act from the pre- trial to trial stage. Young offenders are always separated from the adult convicts. There has been a separate juvenile wing at Old Jeshwang Prison since 2000.
50. An After- Arrest Procedure Handbook has also been developed to teach Police officers and social workers at the national and regional levels on the After -Arrest Procedures of child offenders.
51. The Department of Social Welfare is currently providing educational sponsorship for 1000 disadvantaged children, orphans and vulnerable children in basic and secondary schools. It has also provided vocational skills training to 15 out- of -school youths, most of whom were young offenders.
52. The Department of Social Welfare has also placed twenty one (21) abandoned babies at the Shelter for Children and 195 children in difficult circumstances have been provided with emergency placement at the shelter for children.
53. Fifty four (54) children have been provided with rehabilitation and family re- integration services at the Juvenile Wing, forty six (46) of whom have been re-integrated with families, some of them are back in school and others learning skills.
54. Ten (10) abandoned children have also been placed with foster parents in the community. These families are encouraged to foster the children thus reducing institutional placement. Twenty two (22) maternal orphans have been supported with emergency baby feeding and clothing.
E. Rights of Persons with Disabilities (PWDS)
60. Countrywide disability outreach services are being provided for Children with Disabilities (CWD), and on the occasion of the launching of the State of the World’s Children Report 2013 in collaboration with UNICEF, 365 children were reached across the regions.
64. The Government has established a Steering Committee for the management and supervision of Integrated Educational Programmes in mainstreaming children with visual impairment across the regions and this is ongoing.
65. There is also a Joint Advocacy Programme by key stakeholders on inclusive education for children with disability on Early Childhood Development Programmes.
F. Vulnerable persons
69. Training on Social Protection is provided to the members of the committee who are representatives of Inter-Sectoral agencies; and consultation on the development of the Social Protection Policy Action Plan has started. This will ensure that a Social Protection floor is established where the most vulnerable members of society have access to basic social services such as education and health care. It has also developed an inter-agency hand book on child protection.
70. The Department of Social Welfare has also increased its financial resource allocation to provide welfare services to vulnerable members of the society, particularly children, women, the elderly and persons with disabilities. This has resulted to an increase in service delivery.
71. There however continues to be an increase in the demands for such services. Monthly cash transfer support is being provided for destitute elderly persons. 3800 destitute adults and children have been provided with health checks and health care services through the home base care and community outreach services.
72. The social workers also provide rehabilitation services and counseling to inmates at the female wing of the prisons and the juvenile wing. Follow-up care and family re- integration is also provided for young offenders.
Prisons
80. The State Central Prison has a multi-purpose workshop, where prisoners are trained in different livelihood skills such as tailoring, carpentry and construction. The other establishments, like Janjanbureh, Jeshwang and the Juvenile Wing have facilities built for educational purposes.
81. A qualified teacher is provided by the Ministry of Basic and Secondary Education to teach young offenders detained at the juvenile wing at Jeshwang on a daily basis.
H. Judicial reforms
91. The Judiciary still in its efforts to enhance service delivery and access to justice had set up additional courts, such as the Children’s Court in Brikama and Basse.
M. The rights of women
123. Several sensitization campaigns are being conducted at both national, local and grass root levels on the provisions of the Women’s Act. In addition, several other measures are being taken to promote women’s and children rights.
124. The Domestic Violence Bill and the Sexual Offences Acts passed by the National Assembly in December 2013 are of significance in addressing violence against women and girls.
N. Female Genital Mutilation (FGM)/female circumcision
125. A National Plan of Action to Accelerate the Abandonment of FGM/C has been formulated. Although it is true that FGM/C is still being practiced in The Gambia, this harmful practice is being addressed by the Government and Civil Society Organisations through the Community Empowerment Programmes.
126. UNFPA/UNICEF has been supportive in both financing public awareness programmes and sensitization of communities. The Community Empowerment Programme is based on certain experiences in Senegal and elsewhere, where basic education programme complemented by ‘organized diffusion’ in the communities, eventually led to the abandonment of FGM/C in numerous communities. It is on record, that so far in 900 communities in four regions, 128 assistant circumcisers have abandoned FGM between 2007 and 2013.
127. Civil Society Organizations such as The Foundation for Research on Women’s Health, Productivity and the Environment (BAFROW), The Gambia Committee on Traditional Practices Affecting the Health of Women and Children (GAMCOTRAP) and the Association for the Promotion of Women and Girls Advancement (APGWA) champion the fight against FGM/C with appreciable results.
III. Constraints encountered by the State during the fulfilment of its human rights obligations
C. Police
163. The gender and child welfare unit of the police force lacks logistics to transport child offenders. There are currently police and prison vans which do not have the capacity to separate child offenders from adult prisoners. There are also no child temporary detention centers at police stations.
IV. Best practices in the protection of human rights
B. Female genital mutilation
175. A National Plan of Action to Accelerate the Abandonment of FGM/C has been formulated. Although it is true that FGM/C is still being practiced in The Gambia, this harmful practice is being addressed by the Government and Civil Society Organizations through the Community Empowerment Programmes.
176. In addition, a curriculum to teach the dangers of female genital mutilation and Human Rights has been adopted by the Ministry of Basic and Secondary Education and teachers have been undergoing continuous training on the same.
177. UNFPA and UNICEF have been supportive in both financing public awareness programmes and sensitization of communities. The Community Empowerment Programme is based on certain experiences in Senegal and elsewhere, where basic education programmes complemented by ‘organized diffusion’ in the communities, eventually led to the abandonment of FGM/C in numerous communities.
C. Child rights protection
178. In order to ensure rigorous enforcement of child rights protected related legislations, the Department of Social Welfare has trained law enforcers on these instruments, strengthening their capacity in investigation and interviewing techniques especially for crimes of sexual nature against children.
179. It has also established child rights and protection units within the Gambia Police Force, Gambia Immigration Department and the Gambia Armed Forces and provides continuous capacity development to the officers in these Units.
180. With support from UNICEF in 2012 the Department of Social Welfare developed a Child Protection Training Manual for the Gambia Police Force which has been mainstreamed into the training curriculum of the Gambia Police Training Academy. The Gambia Armed Forces also has a similar training manual, developed with support from Child Fund-The Gambia, which is part of the training curriculum of the Gambia Armed Forced Training School.
181. Similar training Manuals have been developed on Prevention of Gender Based Violence by the Gambia Women's Bureau in 2013 and Prevention of Child Sex Tourism by the Gambia Tourism Board in 2012.
182. The Department of Social Welfare and Child Protection Alliance, with support from UNICEF, have established five Neighborhood Watch Groups within the Tourism Development Area of Senegambia, in the communities of Bakau, Kololi, Manjai Kunda, Bijilo and Kerr Serign.
183. In order to promote child Justice, two additional Children`s Courts have been established in Basse and Brikama.
V. Government response on Universal Periodic Review 2010
186. The Gambia accepted recommendations made by the UN Human Rights Council relating to non-discrimination, the rights of children, right to education, protection of women from all forms of discrimination and gender based violence, eradicating Female Genital Mutilation, Vulnerable persons and persons with disabilities, Justice Sector reforms, poverty eradication, establishment of National Human Rights Mechanisms and international corporation with UN mechanisms and treaty bodies for the promotion, protection and respect of Human Rights.
189. Regarding legal measures taken to prohibit all forms of physical and mental violence against children in all settings and the Juvenile Justice System, The Gambia pointed out that there were laws in place to protect children against violence and all forms of abuse.
190. On the issue of Juvenile justice, it reported that the Children`s Act, 2005 provided for the adequate protection of children in conflict with the law. It also stated that Government through the Ministry of Interior had identified sites where new corrective centers for child offenders would be erected and also pointed out that currently there was a separate juvenile wing for child offenders.
201. On recommendations for ratification of specific Human Rights instruments, the Government delegation observed that the ratification process of the Convention on the Rights of Persons with Disabilities was far advanced. They pointed out that The Gambia was also considering the list of Human Rights instruments and would endeavour to ratify or accede to them. They however appealed for technical assistance in this area. It was also pointed out, that the two optional protocols on the Convention on the Rights of the Child had been ratified in April 2008 by the National Assembly and that the instruments had been sent to the United Nations Office in New York to be deposited.
1. The United Nations country team (UNCT) in the Gambia stated that, despite the acceptance by the Gambia of recommendations from the previous cycle of the universal periodic review (UPR) encouraging the ratification of CAT, OP-CAT, ICCPR-OP2, OP- CEDAW, ICRMW, CPED, CRPD, OP-CRPD, OP-ICESCR and OP-CRC-AC, those international instruments had not yet been ratified.
2. UNCT pointed out that the ratification of several treaties had, according to the Government, been approved at the national level, but that the instruments had not been deposited with the Secretary-General of the United Nations. They included CAT, OP-CRC- AC, CRPD, the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.
21. UNCT indicated that, following the establishment of a national task force on United Nations treaty body reporting, reports had been submitted to the Committee on the Rights of the Child (CRC) in 2011 and to the Committee on Economic, Social and Cultural Rights (CESCR) and the Committee on the Elimination of Discrimination against Women (CEDAW) in 2012.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Right to life, liberty and security of the person
32. UNHCR stated that many traditional attitudes and practices remained unfavourable to women and girls. Female genital mutilation and related harmful practices, such as under- age/child marriage, continued to be practised widely in the country. UNHCR recommended that the Gambia ensure adequate implementation of the recently adopted law on sexual and gender-based offences against women and pursue efforts aimed at eradicating sexual and gender-based violence in the country. CESCR requested information on steps taken by the Gambia to combat the prevalence of female genital mutilation.
33. UNCT stated that the Action Plan on Women, Peace and Security had been launched through a series of nationwide advocacy campaigns. Increased awareness of the health complications of female genital mutilation had resulted in a rise in the number of public declarations of abandonment of the practice. However, the practice was still not prohibited by law.
34. UNCT indicated that a communication strategy on wife beating had been developed and that there was increased confidence among the community to report cases of gender- based violence. With the incorporation of gender-based violence in the police training curriculum, police child welfare and gender officers were better equipped to address and manage such cases. CESCR requested information on the specific action taken by the Gambia to tackle domestic violence and enquired whether there was a national action plan in place in that regard. It also enquired how the draft law on violence against women and girls addressed sexual harassment in the workplace and requested information on the mechanisms for monitoring the implementation of the law.
35. CESCR requested information about the steps the Gambia had taken to ensure that all forms of physical and mental violence against children were expressly prohibited in all settings, and the measures it had taken to enforce child labour legislation and tackle child marriage.
36. UNHCR stated that human trafficking in the country mainly took the form of smuggling migrant workers to Europe by sea. The sustained efforts on the part of the Government had drastically reduced smuggling activities in the country. However, a huge number of Gambian youths, mostly young men and boys, continued to be smuggled into Europe by traffickers operating from other countries. UNHCR recommended that the Gambia take all appropriate measures to curb the phenomenon of trafficking.
F. Right to social security and to an adequate standard of living
54. UNCT explained that the combined effects of the 2011–2012 food insecurity crisis, persistent high malnutrition rates, heavy flooding in 2012 and an outbreak of contagious bovine pleuropneumonia in late 2012 and 2013 had eroded vulnerable households’ coping mechanisms and resulted in protracted food insecurity in some areas. Despite a recovery in cereal production in the 2012–2013 harvest and projected increases in 2013–2014, access to food continued to be constrained by high food prices and the lingering effects of the food insecurity crisis, with 15 per cent of households facing food insecurity, 5.5 per cent of which were moderate or severe cases. Moreover, the nutrition status of the under-five population had deteriorated over the past five years and was expected to deteriorate in 2014.82 CESCR requested information from the Government on the 2010–2015 draft strategic plan for the implementation of the National Nutrition Policy.
G. Right to health
56. UNDAF stated that, despite progress realized in the health sector, including gains relating to both infant and maternal mortality, increased immunizations and the fight against HIV/AIDS, the Gambia faced major challenges. Poor access to comprehensive emergency obstetric care and the insufficient number of skilled health workers had a negative impact on efforts to reduce child and maternal morbidity and mortality, as well as significantly undermining the Government’s disease control and prevention programmes. CESCR enquired about the steps the Gambia had taken to accelerate progress in reducing the high child and maternal mortality rates.
57. UNCT noted that inadequate access to basic social services, such as health, safe and clean water, basic sanitation and hygiene aggravated the high prevalence of childhood diseases.
59. UNCT noted that uniform coverage of sanitation and access to clean water remained a challenge. Children continued to die, particularly in rural areas, owing to diseases related to water, sanitation and hygiene. Water and sanitation related-deaths represented 20 per cent of the deaths of children under the age of five. Even though 85.8 per cent of the population was using improved water sources for drinking and 76.3 per cent was using improved sanitation facilities, there were serious disparities and vulnerabilities.
H. Right to education
60. UNDAF noted that increases in enrolment in primary education had been remarkable, as had the increase in the number of girls enrolled in lower primary education. However, the quality of the education provided and the retention of students throughout the school cycle up to secondary and tertiary level, in particular that of young girls, were still of concern.91 CESCR requested information about measures to ensure universal enrolment of children in primary school and to reduce the alarming school drop-out rate.
61. UNCT indicated that the high cost of education, including the cost of school supplies and school uniforms, limited access to schooling. While the Government had recently introduced the School Improvement Grant, which reduced some costs for parents, the full impact of the grants had yet to be assessed. The percentage of qualified teachers had increased from 79.4 per cent in 2012 to 89.4 per cent in 2013.
62. UNESCO noted that, although the Constitution made provision for compulsory and free primary and lower secondary education for all children, basic education was only non- fee paying, with households having to bear expenses related to school lunches, uniforms and learning materials. Consequently, basic education had not yet been made compulsory.
63. According to UNESCO, the Gambia had made appreciable efforts to expand the coverage of education by targeting the imbalances in teachers’ deployment with incentives introduced to encourage them to teach in remote regions. The issue of inclusive education was also being addressed and work was under way in that regard. There had been no report to UNESCO on initiatives to promote human rights education.
64. UNESCO recommended that the Gambia further its efforts to implement constitutional provisions providing for free and compulsory education, and to make sure to remove all costs of schooling for parents. It also recommended that the Gambia continue to take measures to improve teachers’ working and living conditions and to reduce imbalances in teacher deployment within the territory.
I. Migrants, refugees and asylum seekers
68. UNHCR stated that the authorities ensured birth registration and issued birth certificates to all children, including the children of refugees born on Gambian territory. However, the minimum age for issuance of identity documents was 18 years, which left many refugee minors without any identity documents, as many refugee parents did not ensure follow-up on the birth registration of their children.
69. UNHCR recommended that the Gambia ensure that refugees below the age of 18 were issued with identity documents, especially those not born in the country and who arrived with their parents or were unaccompanied.
A. Background and framework
1. Scope of international obligations
4. JS4 was concerned that The Gambia was still not a party to the OP-CEDAW, OP- CRC-AC and OP-CRC-IC.12
2. Constitutional and legislative framework
17. JS4 stated that The Gambia had come up with policies to promote the rights of women and children; enacted some of these into laws (Women’s Act 2010 and Domestic Violence Act 2013) and created the relevant machinery to implement these policies (Ministry of Women’s Affairs and the National Women’s Bureau and Council). However, JS4 noticed that structural and legal gaps still remained and affected the extent to which women could enjoy their rights.
18. JS7 recommended that the Gambia enact and implement laws to ensure equality of rights and opportunities for women. It also recommended passing laws that prohibit cutting of the female genital; enact laws to ban forced and early marriages; enforce the Domestic Violence and the Child Labour Acts and develop policies to give women access to quality healthcare.
19. JS2 recommended that The Gambia ensure that the Children's Act 2005 is amended to incorporate a definition of child pornography compliant with the OP-CRC-SC; ensure that all acts in connection with child pornography are criminalised; amend the Trafficking in Persons Act 2007 to ensure the protection of all victims for any offences committed in connection with their trafficking experience.
25. Observing that a major problem that inhibits child rights monitoring was the absence of an effective coordination mechanism at the national level, JS2 recommended that The Gambia establish a functional Ministry that would be responsible for children's welfare and coordination of the implementation of laws and policies relating to children's rights and protection. JS2 also recommended the establishment of an independent monitoring mechanism to receive and investigate individual complaints of violations of the rights of children.
26. JS4 noted that the Ministry of Women Affairs was a weak institution where the personnel was inhibited from taking decisions to advance women’s and children’s rights.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
34. JS4 noted that laws that address women’s and children’s issues were undermined by some religious leaders who were publicly against women’s rights which they claimed were intended to destroy the way of life of Gambians and Islam by imposing foreign cultures on Gambian society.
37. JS4 recommended that The Gambia adopt measures to protect the rights of certain vulnerable groups of children, in particular girls, children born out of wedlock and children with disabilities.
2. Right to life, liberty and security of the person
61. Article 19 stated that the Gambia Committee on Traditional Practices Affecting the Health of Women and Children, which fought against the practice of FGM, had been subject to intimidation and harassment. ISHR also noted that human rights defenders working for sexual and reproductive health and the rights of women and children faced particular risks. JS4 added that the President had openly threatened women human rights defenders and had been silent on the attacks and threats against them.
64. JS7 stated that despite the Government’s acceptance of many of recommendations regarding women’s rights, actual progress remained minimal. According to JS7, the authorities have done nothing to pass legislation to end FGM183 and its practice remains widespread. JS2185 and JS4186 indicated that 76.3 percent of women aged from 15 to 49 years had been subjected to some form of FGM.
65. According to JS4, a draft bill seeking to criminalise and abolish FGM has been submitted to the Office of the Vice President and the Ministry of Women’s Affairs to place it before the National Assembly, but there has been no official acknowledgement so far. JS4 was also concerned that in the 2013 Domestic Violence Act, FGM had been removed from the final document. JS2 added that some religious conservatives were actively encouraging the practice using media.
66. JS2 recommended that The Gambia enact a comprehensive law prohibiting the practice of FGM; enforce any such prohibition and reach out and sensitise the religious conservatives on the negative impact of FGM on women's reproductive and sexual health. JS4 made a similar recommendation.
68. JS2 and JS4 noted that sexual abuse of children was surrounded by social stigma, family pressure or indifference, and a culture of silence that inhibited reporting of cases to the police. It also observed the weakness of coordination of child protection services and the lack of trained professionals. JS4 made similar comments.
69. JS2 explained that child labour was prohibited and that the minimum age for the engagement of a child in “light work” was 16 years. However, it noted the difficulty to indicate the extent of child labour in the country. JS2 recommended that The Gambia set a definitive minimum legal age for engagement in formal employment.
70. Noting that corporal punishment was unlawful as a sentence for crime but was not fully prohibited in the home, alternative care settings, day care, schools and penal institutions, Global Initiative to End All Corporal Punishment of Children (GIEACPC) recommended that The Gambia enact legislation to explicitly prohibit all corporal punishment of children in all settings. JS2 made a similar recommendation.
3. Administration of justice, including impunity, and the rule of law
75. JS4 stated that there were supposed to be children’s courts in all the seven administrative regions of the country but only three were available and access them was not easy. According to JS4, the only juvenile detention centre is not suitable for children as adults are also held in the same premises. JS4 recommended that The Gambia establish children courts in all administrative regions for easy access to justice.
5. Right to health
83. JS4 indicated that The Gambia had two major referral hospitals and several regional health centres that, in most cases, lacked the basic equipment and drugs to address the needs of mothers and pregnant women. It added that even though maternal health services were free of charge, poor mothers and pregnant women would still have to buy drugs and go to private clinics to enjoy better services.
84. JS4 recommended that The Gambia upgrade the health care facilities, improve health care services for women and children and provide health centres with qualified personnel, adequate equipment and drugs.
Accepted and rejected recommendations
The following recommendations were accepted by Gambia:
109.24 Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Uruguay);
109.25 Consider acceding to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Thailand);
109.26 Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Portugal);
109.65 Enact laws prohibiting forced and early marriage of girls (Central African Republic);
109.80 Continue to promote and protect the rights of women and children (Djibouti);
109.113 Adopt and implement effective legislation aimed at banning female genital mutilation and punishing the perpetrators (Italy);
109.114 Pursue efforts aimed at eradicating the practice of female genital mutilation (Montenegro);
109.115 Strengthen and accelerate mechanisms aiming at eradicating the harmful practice of female genital mutilation (Angola);
109.116 Take all necessary measures to prohibit and eliminate the practice of female genital mutilation (Australia);
109.117 Enhance its initiatives designed to halt female genital mutilation and related harmful practices (Brazil);
109.118 Further progress in the eradication of the female genital mutilation and reaffirm its prohibition (Chile);
109.119 Intensify efforts to strengthen the fight against female genital mutilation (Ethiopia);
109.120 Continue efforts to eliminate harmful tradition practices and female genital mutilation (Rwanda);
109.125 Enforce laws relating to child labour (Central African Republic);
109.126 Explore and maximize the benefits from international cooperation and partnerships to support initiatives to combat trafficking in persons, especially women and children (Philippines);
109.139 Take steps to prevent child, early and forced marriage, including through education and awareness campaigns (Canada);
109.160 Step-up further efforts to strengthen health care facilities and improve health care services provided to women and children and equipping health facilities with the necessary equipment and medicine (Libya);
109.161 Take action at all levels to address the interlinked root causes of preventable mortality and morbidity of children under 5 and consider applying the Technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce and eliminate preventable mortality and morbidity of children under 5years of age (A/HRC/27/31) (Ireland);
109.163 Continue to invest in education and training (Djibouti);
109.164 Continue with the positive approach in the field of education, especially the construction of more schools and educational centres, which contributed to an increase in student enrolment rates in the various stages of education (Libya);
109.165 Continue to place emphasis on promoting access to education and improving the quality of its education system (Singapore);
109.166 Further strengthen its sound educational policies, in particular in the secondary school (Venezuela (Bolivarian Republic of));
109.167 Continue education reforms in order to reduce the illiteracy rate in the country (Cuba);
109.168 Intensify the policy of social reintegration of abandoned children and school dropouts (Democratic Republic of the Congo);
109.169 Continue efforts to provide more education to persons with disabilities (South Sudan);
The following recommendations were noted by Gambia:
109.27 Consider acceding to the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Thailand);
109.28 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Portugal);
109.29 Consider the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Indonesia);
109.30 Consider the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Ghana);
The following recommendations were rejected by Gambia:
109.138 Set 18 years as the minimum legal age of marriage (Togo);