Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Gambia (Ratification: 2000)

Articles 1 and 2 of the Convention. Scope of application. Workers excluded from the protection of the Labour Act. The Committee notes that for many years the Government has not provided information on the measures taken to include domestic workers, and all other excluded groups, under the protection of the Labour Act of 2007, namely: (1) the public service; (2) the armed forces (with the exception of persons employed in a civilian capacity); (3) the national guard, the police, the information services and the prison service (with the exception of those employed in a civilian capacity); (4) domestic service; and (5) employment of a member of the employer’s household living in the employer’s house. In this respect, the Committee wishes to recall that no provision in the Convention limits its scope with regard to individuals or branches of activity (see 2012 General Survey on the fundamental Conventions, paragraph 733). The Committee therefore expresses the firm hope that the Government will provide information on any measures adopted in this regard, and particularly during the current revision of the Labour Act, or the adoption of a specific text, in order to ensure that all workers, including domestic workers, benefit from the protection of the Convention. In the meantime, the Committee reiterates its request for information on the manner in which workers who are excluded from the Labour Act are protected, in law and in practice, against discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee requested the Government to take measures to establish legislative protection against sexual harassment which explicitly defines and prohibits both quid pro quo and hostile environment sexual harassment, and provides for appropriate remedies, including reinstatement, as well as to take awareness-raising measures in collaboration with social partners to improve the prevention and elimination of sexual harassment in employment and occupation. The Government indicates in its report that this protection is in practice ensured by the Women’s Act of 2010 and adds that, as the Constitution and the Labour Act are currently under review, protection against harassment at the workplace will be included. The Committee recalls that under the current system an employee who is victim of harassment has to resign before being able to obtain redress, which is limited to compensation. It wishes to emphasize that legislation under which the sole redress available to victims of sexual harassment is termination of the employment relationship, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment, since it in fact punishes them and could dissuade victims from seeking redress (see 2012 General Survey, paragraph 792). It recalls that every worker has the right to a workplace free of sexual harassment and that complaints of sexual harassment must be examined within the framework of the employment relationship and therefore the Convention. The Committee therefore requests the Government to ensure that provisions are included in the new Labour Act to establish: (i) legal protection against sexual harassment which explicitly defines and prohibits both quid pro quo and hostile work environment; and (ii) appropriate remedies, including reinstatement. The Committee also asks the Government to provide information on any awareness-raising measures taken, in cooperation with social partners, with a view to improving the prevention and elimination of sexual harassment in employment and occupation.

Article 1(1)(b). Additional grounds of discrimination. HIV status. Legislative developments. In its previous comment, the Committee requested the Government to: (1) provide information on the effect given in practice to section 141 of the Labour Act, which prohibits discrimination based on the “actual, perceived or suspected HIV/AIDS status of a person”; (2) provide specific information on awareness-raising activities on HIV and AIDS, particularly in relation to the promotion of equality of opportunity and treatment in employment and occupation, irrespective of HIV status; and (3) provide specific information on the impact of the measures adopted within the framework of the National Employment Policy (NEP) and its Action Plan (NEAP) with respect to discrimination based on HIV status, and the results achieved. The Government indicates that: (1) the National AIDS Secretariat has undertaken many advocacy activities in relation to discrimination based on HIV and AIDS; and (2) that it has finalized a new National Employment Policy and Action Plan for the period 2021–25, which have not yet been adopted. The Committee notes this very general information. The Committee once again requests the Government to provide information on: (i) the application in practice of section 141 of the Labour Act; and (ii) awareness-raising and information activities in relation to HIV and AIDS, including the promotion of equality of opportunity and treatment in employment and occupation irrespective of HIV status. The Committee also asks the Government to provide information on the results achieved in combating discrimination based on HIV status as a result of the implementation of the previous National Employment Policy and its Action Plan.

Articles 2 and 3. National policy to promote equality in employment and occupation. In its previous comment, the Committee requested the Government to provide: (1) specific information on the measures taken under the NEP and the NEAP to achieve equality of opportunity and treatment in employment and occupation on the basis of all the grounds enumerated in Article 1(1)(a) of the Convention and on the results achieved; and (2) statistical data disaggregated by gender on the number of beneficiaries of the GAMJOBS training programmes and who secured employment after completing the programme. The Committee notes the Government’s indication that, within the context of the activities of the Ministry of Trade, Industry, Regional Integration and Employment (MoTIE) for 2020, a tracer study will be conducted indicating the number of beneficiaries who have secured employment following training programmes. The Committee requests the Government to provide specific information on the measures envisaged under the National Employment Policy (NEP) and the National Employment Action Plan (NEAP) 2021–25 for the promotion of equality of opportunity and treatment in employment and occupation and to combat any discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. It also requests the Government to provide the findings of the MoTIE tracer study when they are available. Finally, it requests the Government to provide information on sectors in which women predominate.

Gender equality. In its previous comment, the Committee once again requested the Government to: (1) provide a copy of the Women’s Act of 2010 and information on the measures taken to give effect to the principle of the Convention under this Act, and to indicate whether awareness-raising activities have been organized in this respect; (2) provide detailed information on the measures adopted for the implementation of the National Gender Policy 2010–20 with a view to improving the access of women and men to education and vocational training, promoting equality of opportunity in employment, and improving women’s access to a broader range of jobs and occupations, as well as to land and credit. According to the Government, the measures adopted for the implementation of the National Gender Policy include the adoption of the Women’s Act of 2010 and the Gender Mainstreaming Policy of 2018. With respect to the implementation of the National Gender Policy, the Government indicates that policies and programmes have been developed in collaboration with social partners, such as: (1) the Gender Equality Seal Certification Programme by the Gambia Chamber of Commerce and Industry (GCCI), and (2) an evaluation of the gender mainstreaming approach to assess the level of implementation of gender policies, which found that all of the evaluated policies were non-sexist. The Committee notes that the Women’s Act contains a special section on the protection of women against discrimination in employment, which includes: (1) the right to the same opportunities and the same selection criteria; (2) the right to choose freely their employment and occupation; (3) equal remuneration; and (4) protection against discrimination on grounds of maternity, including dismissal. Moreover, the National Development Plan (NDP) 2018–21 includes, among one of the key outcomes of the eight priority strategies intended to restore respect for human rights, the revision of the Women’s Act by 2021. The Committee notes that the National Gender Policy is to be evaluated. Finally, the Committee notes that, according to the data contained in the 2018 survey of the active population: (1) the number of active persons was 431,168 (or 64.8 per cent of the population of working age (15–64 years)), of whom 275,939 are men and 155,229 are women, and that the active population is higher in urban areas (65.5 per cent) than in rural areas (34.5 per cent); (2) the total employed population was 209,472 persons, of whom 70.9 per cent were men and only 29.1 per cent women; and (3) 35.2 per cent of persons were unemployed, of whom 57.1 per cent were women and 42.9 per cent were men. The Committee further notes that there are many more men employers (88.3 per cent) than women (11.7 per cent), and that there is a similar disparity among own-account workers. The Committee requests the Government to: (i) provide detailed information on the evaluation of the National Gender Policy 2010-20, including the obstacles identified; (ii) indicate whether awareness-raising activities have been organized under the Women’s Act of 2010; and (iii) provide information on the measures adopted for the implementation of the National Gender Policy with a view to improving the access of women and men to education and vocational training, promoting equality of opportunity in employment, and improving the access of women to a broader range of jobs and occupations, as well as to land and credit. The Committee also requests the Government to provide updated statistical data, disaggregated by occupation and sector, on the labour market situation of women and men, in both the public and private sectors, with an indication of the participation rate of women and men in the informal economy.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.