Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV/AIDS. Legislative developments. The Committee notes with interest that section 141 of the new Labour Act of 2007 provides that “an employer shall not discriminate in any way in employment, including in hiring, remuneration, promotion or assignment and termination, based on the actual, perceived or suspected HIV/AIDS status of a person”. Noting that this section also contains provisions regarding complaints, sanctions and remedies, the Committee requests the Government to provide information on the application in practice of section 141 of the Labour Act, indicating in particular whether any cases of discrimination based on HIV/AIDS status have been reported to or detected and examined by the competent authorities.

Sexual harassment. In the absence of legal provisions on sexual harassment in the new Labour Act, the Committee requests the Government to indicate how workers are protected from this form of sex discrimination, and to provide information on any complaints mechanisms available for victims of sexual harassment, including on labour inspection activities in this respect.

National Constitution. The Committee notes that pursuant to article 33(5)(c) and (d) of the Constitution, the prohibition of discriminatory provisions (article 33(2)) shall not apply to laws with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law, and to customary laws. The Committee would be grateful if the Government would provide information on any laws, indicating any specific legal provisions, which establish differential treatment on matters which fall, either directly or indirectly, within the field of the Convention, and on the persons concerned.

Article 1. Workers excluded from the protection of the Labour Act. In its previous comments, the Committee had drawn the Government’s attention to the categories of workers excluded from the application of the Labour Act of 1990. The Committee notes that the new Labour Act excludes the same categories of workers, including civil servants and domestic workers. While noting the Government’s statement that the Labour Act will be amended in due course to cover domestic workers, the Committee requests the Government to provide detailed information on the manner in which protection of such workers as well as civil servants against discrimination based on any of the grounds enumerated in the Convention is ensured in law and in practice.

Articles 2 and 3. National policy to promote equality in employment and occupation. The Committee notes that, in response to its comments on any measures taken to implement the national policy on equality of opportunity and treatment in employment and occupation, the Government refers only to the GAMJOBS project which implements the National Employment Policy. The Committee also notes that the National Employment Policy, a copy of which was communicated by the Government, seeks to provide opportunities for workers in a working environment “free from considerations of gender, religion, political affiliation, disability and ethnic and social origin” and gives particular consideration to “vulnerable groups”, such as women, youth and disabled persons. As regards the formulation and the implementation of a national equality policy, the Committee recalls that at a minimum the measures outlined in Article 3 of the Convention must be undertaken and that measures outlined in the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111), may also provide useful guidance in the promotion of an equality policy and programme of activities. The Committee requests the Government to provide detailed information on the concrete steps taken and the specific measures adopted within the framework of the National Employment Policy, including within the GAMJOBS project, to promote effectively equality and address discrimination in employment and occupation, with regard to all the grounds covered by the Convention, highlighting the results obtained.

Gender equality. According to the most recent data available, women constitute 51 per cent of the population, but less than 32 per cent of formal private sector employees are female with less than 20 per cent in managerial positions (Country Programme Document for the Gambia (2007–11) – DP/DCP/GMB 1). Women represent about 25 per cent of the total number of civil servants (National Gender Policy 2010–20). The Committee notes that, according to the National Employment Policy document, despite increased participation of women in the economy over the years, women are still disadvantaged as a result of certain cultural practices, customs and norms and face a number of barriers for entry into certain socio-economic activities. In this context, the Committee welcomes the adoption of the National Gender Policy 2010–20, which aims, inter alia, at promoting “the creation of a favourable environment for equal employment opportunities and benefits for women, men, girls and boys” and “the elimination of gender disparities in access to new skills, training, credit, appropriate technologies and markets”. The Policy also provides that the review of conditions of service and labour laws should be gender responsive and that affirmative action for the disadvantaged youth must be promoted. The Committee requests the Government to provide detailed information on the action undertaken and measures adopted to implement the National Gender Policy, in order to improve access of women and men to education and vocational training, promote equal employment opportunities and improve access of women to a wider range of jobs and occupations, including access to land and credit. The Committee also asks the Government to provide information on the draft Women’s Bill referred to in the National Gender Policy document, and statistics, disaggregated by sex, on the participation of men and women in the private and the public sectors.