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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/CO/75/GMB
Last reported:
Concluding Observations: 12 August 2004
Issues raised:
Juvenile justice: In the light of article 6, paragraph 6, of the Covenant, the Committee notes with concern that the death penalty was reintroduced in August 1995, after its abolition in 1993. It appears that Gambian law does not prohibit the death penalty for crimes committed by persons under the age of 18. It is not clear that all crimes presently carrying the death penalty qualify as the "most serious crimes" within the meaning of article 6, paragraph 2. The Committee further notes with concern that several death sentences have been imposed in recent years, although they were apparently not carried out.
The State party should provide to the Committee detailed information on the crimes for which capital punishment may be imposed, the number of death sentences handed down since 1995, and the number of prisoners currently detained on death row. (Paragraph 8)
Female genital mutilation: The Committee expresses its concern over the fact that female genital mutilation continues to be practised widely in the State party's territory, notwithstanding the adoption of the First National Action Plan for the Eradication of Female Genital Mutilation (FGM) in March 1997. The Committee reaffirms that the practice of FGM is contrary to article 7 of the Covenant.
The State party should take prompt legal and educational measures to combat the practice of female genital mutilation. Rather than censoring radio and television broadcasts designed to combat the practice of FGM, such broadcasts should be reinstated and encouraged. (Paragraph 10)
Child marriage: The Committee remains concerned about the persistence and the extent of the practice of polygamy, and the different ages for marriage between boys and girls.
The State party should ensure that the practice of polygamy is discouraged. It should amend its laws that permit early marriages of boys and girls, at different ages. (Paragraph 18)
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UN Committee on Economic, Social and Cultural Rights
E/C.12/GMB/CO/1
Concluding observations issued: 20 March 2015
Issues raised:
Ratifications and legal reform: The Committee welcomes the ratification of the:
(a) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in 2010;
(b) African Union Convention on Preventing and Combating Corruption, in 2009;
(c) Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, in 2005. (para. 4)
The Committee notes with appreciation the following legislative and policy measures adopted by the State party:
(a) Domestic Violence Act and the Sexual Offences Act in 2013;
(b) Women’s Act 2010;
(c) Trafficking in Persons Act 2007 and its amendment in 2010;
(d) Labour Act 2007;
(e) Children’s Act 2005. (para. 5)
The Committee also welcomes the following institutional and policy measures:
(a) National Plan of Action for Accelerated Abandonment of Female Genital Mutilation 2013-2017;
(b) National Nutrition Policy (2010–2020) and the establishment of the National Nutrition Agency;
(c) National Education Policy 2004–2015;
(d) National Agency Against Trafficking in Persons. (para. 6)
Harmful practices: The Committee is concerned about the absence of a provision criminalizing female genital mutilation in the State party’s domestic legislation, and about the persistence of harmful practices, including polygamy, child marriage and domestic violence (arts. 2, para. 2, and 3).
The Committee urges the State party to introduce a legal provision criminalizing female genital mutilation and ensure its strict implementation. The State party should also intensify its efforts to prevent and combat all practices that are harmful to women and girls, including polygamy and domestic violence. It is further called upon to introduce in its legislation a harmonized minimum age of marriage for girls and boys that is in line with international standards. (para. 14)
Unemployment: Despite the limited information available, the Committee expresses its concern about the reported high unemployment rate disproportionately affecting women and youth (art. 6).
The Committee urges the State party to include, in its next periodic report, updated statistical data on unemployment, disaggregated by sex, age and urban/rural population. It should also report on the concrete measures taken to create employment, including the adoption of a new Employment Programme, and on their effectiveness. The State party is further requested to step up its efforts to reduce unemployment among women and youth. The Committee draws the State party’s attention to its general comment No. 18 (2005) on the right to work. (para. 15)
Sexual harassment in the workplace: While noting that sexual harassment is addressed by the Act on Violence against Women and Girls, the Committee notes with concern that sexual harassment in the workplace is reportedly widespread, and regrets the lack of data on complaints and court cases relating to sexual harassment, and on their outcome (art. 7).
The Committee requests the State party to include in its next periodic report information on the incidence of sexual harassment in the workplace as well as data on cases of sexual harassment brought to the courts, and their outcome. It also recommends that the State party redouble its efforts to raise public awareness of sexual harassment. (para. 18)
Trafficking of women and children: The Committee notes with concern that, despite the adoption of the Trafficking in Persons Act 2007 and the stringent sanctions against traffickers introduced in various laws, the State party remains a source and destination country for women and children subjected to trafficking for labour and sexual exploitation purposes (art. 10).
The Committee urges the State party to intensify its efforts to combat trafficking in persons for labour and sexual exploitation purposes, and to implement vigorously its anti-trafficking legislation and national action plan. The Committee also urges the State party to provide protection and rehabilitation services to victims and to prosecute offenders. (para. 20)
Economic exploitation of children: While noting that the minimum age for employment in the State party’s legislation is in line with international standards, the Committee is concerned about the persistence of child labour in family businesses and in the informal sector. The Committee is also concerned about the limited implementation of the Labour Code and lack of information on the labour inspectorate (art. 10).
The Committee recommends that the State party take effective measures to combat and prevent economic exploitation of children, especially child labour in family businesses and in the informal sector. To this end, the State party should ensure that the legal provisions on child labour are effectively enforced, that individuals who exploit children are duly sanctioned, and that the labour inspectorate is strengthened to enable it to monitor effectively compliance with the legal provisions on child labour. (para. 21)
Street children: The Committee regrets the absence of detailed information on the number and situation of street children. It also expresses its concern about reports of children forced to beg or work in the street (art. 10).
The Committee calls upon the State party to address the root causes of the phenomenon of street children. The Committee requests the State party to provide in its next periodic report information, including statistical data, on street children and measures to provide protection and assistance to them, as well as on the prosecution of child labour offences. (para. 22)
Right to food: The Committee is concerned about the high levels of food insecurity in the State party and about the prevalence of malnutrition, especially among children under 5. The Committee is also concerned about the low agricultural production, which generates high food prices and significant reliance on food imports (art. 11).
The Committee recommends that the State party intensify its efforts, including under the National Nutrition Policy, to address chronic food insecurity, chronic malnutrition and the critical nutritional needs of children. The State party should take additional steps to improve agricultural production, including by ensuring that support to farmers is provided on a non-discriminatory basis, targeting small-scale farmers in particular. The Committee draws the State party’s attention to its general comment
No. 12 (1999) on the right to adequate food and to the Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security, adopted by the Food and Agriculture Organization of the United Nations in 2004. (para. 26)
Access to health services and mortality rates: The Committee is concerned that there is no universal health-care coverage. It is also concerned about the low number of qualified health-care professionals and the critical shortage of health equipment and supplies. The Committee further notes with concern the high rates of maternal and infant mortality, in particular in rural areas (art. 12).
In line with its general comment No. 14 (2000) on the right to the highest attainable standard of health, the Committee recommends that the State party:
(a) Intensify its efforts to improve health services, including through allocating increased resources to the health sector, and ensure that particular attention is paid to the training of health extension workers and to the provision of adequate medical equipment and supplies to health facilities;
(b) Take urgent steps to reduce the high rate of maternal and infant mortality and to ensure that births are assisted by a skilled attendant;
(c) Take into consideration technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22);
(d) Step up its efforts to improve access by women to basic obstetric and neonatal care, sexual and reproductive health services, and basic health-care facilities, in particular in rural areas. (para. 27)
Access to education and dropout rates: The Committee welcomes the progress achieved in improving access to education and in attaining gender parity in primary school enrolment. It remains concerned, however, about the:
(a) Continuing disparities between rural and urban areas in access to education and the hampering of access to education for refugee children;
(b) Hidden costs of education, mainly affecting children belonging to marginalized and disadvantaged groups;
(c) Poor school infrastructure, including limited access to water and sanitation facilities, particularly in rural areas, and the low quality of learning and teaching materials;
(d) High dropout rates, especially among girls, reportedly due to child marriage (arts. 13–14).
The Committee recommends that the State party continue to increase spending on the education sector and to use it effectively with a view to reaching full primary school enrolment, attendance and completion by all children. In line with its general comment No. 13 (1999) on the right to education, the Committee also urges the State party to:
(a) Strengthen various measures and programmes in order to address the problem of access to schools for children living in rural areas, and ensure that refugee children are issued with identity cards so as to facilitate their access to education;
(b) Address indirect and hidden costs of school education effectively;
(c) Intensify its efforts to improve school infrastructure and learning and teaching materials, in particular in rural areas;
(d) Take appropriate measures to reduce the dropout rate of children, in particular girls. (para. 28)
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E/C.12/1994/9
Last reported: 18 May 1994
Concluding Observations issued: 31 May 1994
Issues raised:
Health: With regard to the right to an adequate standard of living recognized in article 11 of the Covenant, the Committee is concerned about the reported inadequacy of food supply in the country. UNDP figures for 1992 show that 68.8 per cent of urban families did not have enough food and that the diet of 64 per cent of rural families was insufficient to withstand the rainy season. There are indications that chronic malnutrition among children could be as high as 40 per cent. The Committee regrets that it has no information on the right to housing in the Gambia.
Regarding the right to health in article 12 of the Covenant, the Committee expresses its deep concern over the extremely high maternal mortality rate of 1,050 per 100,000 live births. UNICEF identifies the main causes to be haemorrhage and infection related to the lack of access to and poor services. The Committee is equally concerned over the alarming UNDP figures of infant mortality and fertility rates of the Gambia, which are among the highest in Africa: 145.1 per 1,000 live births in 1986-87 and a 6.5 fertility rate during the same period. The Committee deplores the practice of female genital mutilation which is still prevalent in the Gambia. Independent experts report that more than half of the female population in the Gambia have undergone this procedure. (Paragraph 15)
Education: With regard to the right to education in article 13 of the Covenant, the Committee deeply regrets the absence of compulsory education in the Gambia and draws the attention of the Government to its obligation under the Covenant to ensure that "primary education shall be compulsory and available free for all". The Committee also draws the attention of the Government of the Gambia to the obligation, under article 14 of the Covenant, in cases where free compulsory education has not been assured, to "work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years," of the relevant right. The Committee expresses its concern not only at the high rates of illiteracy but also the gender disparities apparent in the figures. The latest UNICEF data reports that over 75 per cent of adults between the ages of 15 and 54 are functionally illiterate and that 90 per cent of the total are women. The same data source reports how women are disadvantaged educationally, females comprising only one-third of primary-school students and only one-fourth of high school students. The Committee is also concerned that, as a result of the absence of compulsory education legislation and because of the paucity of secondary school opportunities, most children complete their formal education by age 14 and informally enter the work force. (Paragraph 17).
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UN Committee on the Elimination of Racial Discrimination
Ratified in 1978, but not yet reported.
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/GMB/CO/4-5)
Last reported: 9 July 2015
Concluding Observations adopted: 24 July 2015
Issues raised:
Legislative framework: The Committee notes that many provisions of the Convention have been incorporated into national law through the adoption of relevant legislation, in particular the Women's Act in 2010. However, it remains concerned that this legislation does not adequately address female genital mutilation, marital rape or child marriage. It further remains concerned about the Constitutional provision, under which the prohibition of discrimination does not apply in respect of adoption, marriage, divorce, burial and devolution of property on death and the fact that these issues are regulated under personal law which contains discriminatory provisions, some of which are re-enacted in the Women’s Act.The Committee recommends that the State party: (a) Harmonize legislation, including the Constitution, the Women’s Act and personal laws (Sharia and customary law) with the Convention, by repealing all discriminatory provisions to ensure that women and girls enjoy equal rights as men in all areas of life; (b) Urgently repeal Article 33(5) of the 1997 Constitution which provides that the prohibition of discrimination does not apply in respect of adoption, marriage, divorce, burial and devolution of property on death (Para. 8 & 9).
Access to Justice: The Committee is concerned about the barriers faced by women in accessing justice. It is particularly concerned that women often must resort to Cadi courts and District Tribunals which are not gender sensitive and continue applying discriminatory provisions. While noting that in 2009, the majority of high court judges were women, the Committee notes with concern the lack of information on the gender composition of other courts. The Committee recommends that the State party: Design a comprehensive judicial policy to eliminate barriers faced by women and girls in accessing to justice, including legal aid, and provide adequate resources and a monitoring mechanism for its implementation... (Para. 10 & 11).
Stereotypes and harmful practices: The Committee is deeply concerned about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society. It also remains concerned about the very high prevalence of harmful practices, particularly female genital mutilation, child marriages, polygamy and levirate and the fact that these practises are not prohibited by law. The Committee urges the State party to: (a) Adopt legal provisions explicitly prohibiting harmful practices such as polygamy, child marriages, female genital mutilation, levirate, and unequal inheritance rights for women, provide for adequate sanctions and ensure the effective implementation of these provisions; (b) Expeditiously adopt a comprehensive strategy to eliminate stereotypes and harmful practices that discriminate against women; (c)Reinforce awareness-raising programmes, targeting children, men and women, officials at all levels, teachers, parents and traditional and religious leaders, on the negative effects of harmful practices and discriminatory stereotypes on women's enjoyment of their rights... (Para. 18 & 19).
Female genital mutilation: The Committee remains deeply concerned that the practice of female genital mutilation remains widespread affecting a large majority of girls and women. While noting that the State party accepted a recommendation in the context of the Universal Periodic Review in 2015 to adopt and implement effective legislation aimed at banning female genital mutilation, the Committee is concerned that the State party has not adopted any time frame to implement this Universal Periodic Review recommendation. The Committee urges the State party: (a) Expedite the adoption of legislation criminalizing female genital mutilation and prosecute and adequately punish those responsible, and compensate victims; (b) Raise awareness of health practitioners regarding female genital mutilation and the remedies and assistance available to victims, including psychological counselling; (c) Provide alternative means of livelihood for practitioners of female genital mutilation (Para. 20 & 21).
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(CEDAW/C/GMB/1-3)
Last reported: 15 July 2005
Concluding Observations issued: 22 July 2005
Issues raised:
Violence: The Committee expresses concern about the lack of legislation, policies and programmes to address violence against women, including domestic violence. The Committee also expresses its concern about the paucity of information and sex-disaggregated data in the report on violence against women. The Committee is further concerned about the lack of social awareness on the issue of violence against women and girls in the country.
The Committee requests the State party to adopt comprehensive measures to address violence against women and girls in accordance with its general recommendation 19. The Committee urges the State party to enact legislation on violence against women, including domestic violence, as soon as possible and to ensure that women and girls who are victims of any form of violence have access to immediate means of redress and protection, as well as access to counselling services, and that perpetrators are prosecuted and punished. The Committee calls upon the State party to collect sex-disaggregated data on all forms of violence against women and undertake research into the extent of violence against women and girls, including domestic violence. The Committee requests the State party to provide information in its next report on the laws and policies put in place to address violence against women and the impact of such measures. The Committee recommends the implementation of training for law enforcement officials, the judiciary, health providers, social workers and the general public so as to ensure that they are sensitized to all forms of violence against women and can adequately respond to it. It also recommends the implementation of awareness-raising campaigns, through the media and public education programmes, and working towards a zero-tolerance policy on all forms of violence against women. (Paragraphs 193 and 194)
Harmful traditional practices: The Committee expresses concern at the high incidence of female genital mutilation in the country and at the lack of legislation, policies and programmes aimed at eradicating that practice.
The Committee urges the State party to adopt and adequately implement legislation prohibiting female genital mutilation, and to ensure that offenders are adequately prosecuted and punished. It also recommends that the State party develop a plan of action, including public awareness-raising campaigns, targeted at both women and men, with the support of civil society, to eliminate the practice of female genital mutilation. (Paragraphs 195 and 196)
Sexual exploitation and trafficking: The Committee expresses concern at the limited information provided in the report on the sexual exploitation and trafficking of women and girls in the Gambia, and on measures taken to combat these phenomena effectively. The Committee is particularly concerned about the phenomenon of sex tourism in the country.
The Committee requests the State party to introduce legislation on the prohibition of trafficking, to implement effectively legislation on the exploitation of the prostitution of women and to prosecute offenders. It recommends that the State party put in place programmes for promoting women's economic independence so as to eliminate their vulnerability to exploitation, and measures for the rehabilitation and social reintegration of women and girls who are victims of exploitation and trafficking. The Committee calls upon the State party to ensure the implementation of the 2003 Tourism Offence Act and to enhance cooperation with tourists' countries of origin aimed at preventing and combating sex tourism. The Committee requests the State party to provide, in its next report, comprehensive information and data on sexual exploitation and trafficking of women and girls, and on measures taken to prevent and combat such activities, including sex tourism.(Paragraphs 197 and 198)
Health: The Committee expresses concern about the high rates of malnutrition, malaria and HIV/AIDS affecting women and girls in the country. The Committee is further concerned that women lack access to information and services related to reproductive health and that, although contraceptive use increased from 6.7 per cent in 1990 to 13.4 per cent in 2001, it continues to remain low. The Committee regrets that women's access to family planning services is, in general, dependent on several social and cultural factors.
The Committee recommends the implementation of comprehensive policies and programmes to prevent and combat malnutrition, malaria and HIV/AIDS. The Committee calls upon the State party to implement measures to guarantee effective access for women, including young women, to reproductive health-care information and services. It further recommends that programmes and policies be adopted to increase knowledge about, and access to, affordable contraceptive methods and to increase the understanding that family planning is the responsibility of both partners. It also encourages the State party to ensure that women have easy access to family planning services. The Committee also recommends that sex education be widely promoted and provided, targeting men and women, and adolescent boys and girls, and including information on the prevention of HIV/AIDS. (Paragraphs 205 and 206)
Education: While noting the efforts made by the State party to revise its policy on education in order to address the needs of the girl child, the Committee expresses its concern about the low enrolment of girls in school, especially at the secondary and higher levels, and their high dropout rates. The Committee is particularly concerned that, according to the 1993 census, only 27 per cent of women in the Gambia are literate and that in the rural areas the proportion is only 18.3 per cent.
The Committee urges the State party to take measures on the importance of realizing women's and girls' right to education as a fundamental human right, including for the empowerment of women. It also calls upon the State party to strengthen measures to create an environment that increases the enrolment and retention rates of girls in school at all levels, including through the development of gender-sensitive educational material. The Committee calls upon the State party to step up its efforts to eradicate female illiteracy, particularly in rural areas, including through comprehensive education programmes at the formal and non-formal levels, as well as programmes specifically targeting adult women. The Committee encourages the State party to use temporary special measures, in accordance with article 4, paragraph 1, of the Convention and the Committee's general recommendation 25, in order to accelerate the improvement of women's and girls' education.(Paragraphs 297 and 298)
Child marriage: While welcoming the adoption of the Children's Act, which includes provisions against child marriage and child betrothal, the Committee expresses concern about the high incidence of early marriage in the country.
The Committee urges the State party to ensure the implementation of the Children's Act and to undertake awareness-raising measures throughout the country on the negative effects of early marriage on women's enjoyment of their human rights, especially the rights to health and education. (Paragraphs 209 and 210)
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Signed in 1985, but not yet ratified.
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UN Committee on Migrant Workers
Not yet signed or ratified.
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UN Committee on the Rights of Persons with Disabilities
Not yet signed or ratified.
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UN Committee on Enforced Disappearance
Not yet signed or ratified.