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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.
Repetition
Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV and AIDS. Legislative developments. The Committee notes the Government’s indication that the HIV and the AIDS pandemic are growing in Gambia and their impact on the labour force, although not documented, could be serious. The Committee also notes that with support of international agencies and non-governmental organizations, under the new National Employment Policy (NEP), and National Employment Action Plan (NEAP), launched for the period 2010–14, the Government is intensifying efforts to better address the issue through awareness-raising campaigns. The Government states that controlling HIV and AIDS in the workplace forms one of the principles underlying the NEP. The Government also indicates that there have been no cases brought pursuant to section 141 of the Labour Act of 2007, which prohibits discrimination based on “actual, perceived or suspected HIV and AIDS status of a person”. The Committee also asks the Government to provide specific information on the awareness raising activities on HIV and AIDS, in particular with relation to promoting of equality of opportunity and treatment in employment and occupation irrespective of HIV status. Please also provide specific information on the measures taken under the NEP and the NEAP with respect to discrimination based on HIV status, and the results of such measures.
Sexual harassment. The Committee had previously noted the absence of legal provisions on sexual harassment in the Labour Act of 2007. The Committee notes the Government’s indication that the Labour Act implicitly prohibits any form of sexual harassment and that, in cases where an employee resigns due to sexual harassment, the employee may have a claim for constructive dismissal. The Government also indicates that employers who do not take action to prevent or stop sexual harassment may be held liable when it arises from management or employees, and that redress from the employer’s act or omission is generally in the form of compensation for the employee. The Committee recalls the importance of adopting explicit provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in order to properly address this form of sex discrimination. It considers that, without a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, it remains doubtful whether the legislation is effectively addressing all forms of sexual harassment. The Committee also notes that, pursuant to the present system, the harassed employee is required to resign before redress can be obtained which is limited to compensation. It considers that providing the possibility of resigning and receiving compensation as the sole remedy for victims of sexual harassment is not sufficient protection for the victim, and in fact penalizes them and could dissuade victims from bringing cases. The Committee asks the Government to take steps in order to include legislative protection against sexual harassment explicitly defining and prohibiting both quid pro quo and hostile environment sexual harassment, and providing for appropriate remedies including reinstatement, and to take measures in order to raise awareness, in cooperation with social partners, with the aim of better preventing and addressing the issue of sexual harassment in employment and occupation.
National Constitution. Recalling its previous comments in which it noted 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 notes the Government’s indication that, since it is prohibited by the Labour Act, by implication other laws may not establish differential treatment. The Committee asks the Government to provide specific information clarifying how the provisions of the Labour Act can override the provisions of the Constitution. The Committee again asks the Government to 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.
Articles 1 and 2. Workers excluded from the protection of the Labour Act. The Committee previously noted that the Labour Act excludes civil servants and domestic workers. Following the Government’s previous statement that the Labour Act would be amended to cover domestic workers, the Committee notes the Government’s indication that consultations are being held in order to amend certain sections of the Labour Act. The Committee asks the Government to provide information on any developments regarding amendments to the Labour Act and to provide information on any steps taken to include domestic workers and any other excluded groups under the protection of the Labour Act. The Committee also reiterates its request for detailed information on the manner in which workers excluded from the Labour Act, including civil servants and domestic workers are protected, 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 the NEP and the NEAP have been reviewed and extended for the period of 2010–14 and provide an integrated employment strategy that targets youth and women by focusing on skills development, entrepreneurship, equal access to finance, employability, equal opportunity and employment creation. With respect to the Gambian Priority Employment Programme (GAMJOBS), the Committee notes that, under the third component of the project, the establishment of the Gambia Enterprise and Skills Development and Training Fund (GETFUND), special employment initiatives targeting women and youth have been undertaken to address skills gaps, and employability has been promoted through the improvement of knowledge and skills training in vocational and technical institutions. The Government indicates that 1,400 persons have benefited from the training courses offered and that a study is being conducted in order to collect data on the number of trainees securing employment or self employment following the programme. The Committee asks the Government to provide specific information on the steps taken under the NEP and the NEAP to achieve equality of opportunity and treatment in employment and occupation based on all the grounds enumerated under Article 1(1)(a) of the Convention and to provide information on the results achieved. The Committee asks the Government to provide statistical data disaggregated by sex on the number of persons benefiting from the GAMJOBS training programmes and securing employment after completing the programme.
Gender equality. The Committee notes that the Government refers to the enactment of the Women’s Act of 2010 (Act No. 12/2010). The Government states that the Act guarantees equal rights for men and women and calls for gender balance in the public sector. The Committee recalls its previous comments in which it noted the statistics provided under the Country Programme Document for Gambia (2007–11), which indicated that, although women constituted 51 per cent of the population, they accounted for less than 32 per cent of formal private-sector employees, and 20 per cent of managerial positions. The Committee had also noted from the National Gender Policy 2010–20, aimed, inter alia, at promoting equality of opportunity for women in employment and occupation that women represented about 25 per cent of the total number of civil servants. The Committee asks the Government to provide information on measures taken to apply the principle of the Convention under the new Act and to indicate whether any awareness-raising activities have been organized in this regard. The Committee also reiterates its request for detailed information on the 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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011.
Repetition
Article 1(1)(a) of the Convention. Discrimination in employment and occupation. Legislation. The Committee previously pointed out that the provisions of the Constitution regarding discrimination did not include any reference to the prohibition of direct and indirect discrimination in employment and occupation and only concerned discriminatory treatment by public officials (section 33(3)). It also noted that the Labour Act 2007 neither defines nor prohibits discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention, except in the case of dismissal and disciplinary action (section 83(2)). The Committee notes that the Government provides no response to its request regarding the need to amend the legislation. The Committee recalls once again that, although general constitutional provisions regarding non-discrimination are important, they are generally not sufficient to address specific cases of discrimination in employment and occupation, and comprehensive anti discrimination legislation is generally needed to ensure the effective application of the Convention, based on at least all the grounds of discrimination listed in Article 1(1)(a) and in all areas of employment and occupation. The Committee asks the Government to take steps in order to include legislative protection against direct and indirect discrimination at all stages of employment and occupation based on, as a minimum, all of the grounds enumerated in the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee also asks the Government to include in legislation provisions establishing dissuasive sanctions and appropriate remedies in cases of discrimination. Please provide specific information on progress made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV and AIDS. Legislative developments. The Committee notes the Government’s indication that the HIV and the AIDS pandemic are growing in Gambia and their impact on the labour force, although not documented, could be serious. The Committee also notes that with support of international agencies and non-governmental organizations, under the new National Employment Policy (NEP), and National Employment Action Plan (NEAP), launched for the period 2010–14, the Government is intensifying efforts to better address the issue through awareness-raising campaigns. The Government states that controlling HIV and AIDS in the workplace forms one of the principles underlying the NEP. The Government also indicates that there have been no cases brought pursuant to section 141 of the Labour Act of 2007, which prohibits discrimination based on “actual, perceived or suspected HIV and AIDS status of a person”. The Committee also asks the Government to provide specific information on the awareness raising activities on HIV and AIDS, in particular with relation to promoting of equality of opportunity and treatment in employment and occupation irrespective of HIV status. Please also provide specific information on the measures taken under the NEP and the NEAP with respect to discrimination based on HIV status, and the results of such measures.
Sexual harassment. The Committee had previously noted the absence of legal provisions on sexual harassment in the Labour Act of 2007. The Committee notes the Government’s indication that the Labour Act implicitly prohibits any form of sexual harassment and that, in cases where an employee resigns due to sexual harassment, the employee may have a claim for constructive dismissal. The Government also indicates that employers who do not take action to prevent or stop sexual harassment may be held liable when it arises from management or employees, and that redress from the employer’s act or omission is generally in the form of compensation for the employee. The Committee recalls the importance of adopting explicit provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in order to properly address this form of sex discrimination. It considers that, without a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, it remains doubtful whether the legislation is effectively addressing all forms of sexual harassment. The Committee also notes that, pursuant to the present system, the harassed employee is required to resign before redress can be obtained which is limited to compensation. It considers that providing the possibility of resigning and receiving compensation as the sole remedy for victims of sexual harassment is not sufficient protection for the victim, and in fact penalizes them and could dissuade victims from bringing cases. The Committee asks the Government to take steps in order to include legislative protection against sexual harassment explicitly defining and prohibiting both quid pro quo and hostile environment sexual harassment, and providing for appropriate remedies including reinstatement, and to take measures in order to raise awareness, in cooperation with social partners, with the aim of better preventing and addressing the issue of sexual harassment in employment and occupation.
National Constitution. Recalling its previous comments in which it noted 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 notes the Government’s indication that, since it is prohibited by the Labour Act, by implication other laws may not establish differential treatment. The Committee asks the Government to provide specific information clarifying how the provisions of the Labour Act can override the provisions of the Constitution. The Committee again asks the Government to 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.
Articles 1 and 2. Workers excluded from the protection of the Labour Act. The Committee previously noted that the Labour Act excludes civil servants and domestic workers. Following the Government’s previous statement that the Labour Act would be amended to cover domestic workers, the Committee notes the Government’s indication that consultations are being held in order to amend certain sections of the Labour Act. The Committee asks the Government to provide information on any developments regarding amendments to the Labour Act and to provide information on any steps taken to include domestic workers and any other excluded groups under the protection of the Labour Act. The Committee also reiterates its request for detailed information on the manner in which workers excluded from the Labour Act, including civil servants and domestic workers are protected, 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 the NEP and the NEAP have been reviewed and extended for the period of 2010–14 and provide an integrated employment strategy that targets youth and women by focusing on skills development, entrepreneurship, equal access to finance, employability, equal opportunity and employment creation. With respect to the Gambian Priority Employment Programme (GAMJOBS), the Committee notes that, under the third component of the project, the establishment of the Gambia Enterprise and Skills Development and Training Fund (GETFUND), special employment initiatives targeting women and youth have been undertaken to address skills gaps, and employability has been promoted through the improvement of knowledge and skills training in vocational and technical institutions. The Government indicates that 1,400 persons have benefited from the training courses offered and that a study is being conducted in order to collect data on the number of trainees securing employment or self employment following the programme. The Committee asks the Government to provide specific information on the steps taken under the NEP and the NEAP to achieve equality of opportunity and treatment in employment and occupation based on all the grounds enumerated under Article 1(1)(a) of the Convention and to provide information on the results achieved. The Committee asks the Government to provide statistical data disaggregated by sex on the number of persons benefiting from the GAMJOBS training programmes and securing employment after completing the programme.
Gender equality. The Committee notes that the Government refers to the enactment of the Women’s Act of 2010 (Act No. 12/2010). The Government states that the Act guarantees equal rights for men and women and calls for gender balance in the public sector. The Committee recalls its previous comments in which it noted the statistics provided under the Country Programme Document for Gambia (2007–11), which indicated that, although women constituted 51 per cent of the population, they accounted for less than 32 per cent of formal private-sector employees, and 20 per cent of managerial positions. The Committee had also noted from the National Gender Policy 2010–20, aimed, inter alia, at promoting equality of opportunity for women in employment and occupation that women represented about 25 per cent of the total number of civil servants. The Committee asks the Government to provide information on measures taken to apply the principle of the Convention under the new Act and to indicate whether any awareness-raising activities have been organized in this regard. The Committee also reiterates its request for detailed information on the 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.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Article 1(1)(a) of the Convention. Discrimination in employment and occupation. Legislation. The Committee previously pointed out that the provisions of the Constitution regarding discrimination did not include any reference to the prohibition of direct and indirect discrimination in employment and occupation and only concerned discriminatory treatment by public officials (section 33(3)). It also noted that the Labour Act 2007 neither defines nor prohibits discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention, except in the case of dismissal and disciplinary action (section 83(2)). The Committee notes that the Government provides no response to its request regarding the need to amend the legislation. The Committee recalls once again that, although general constitutional provisions regarding non-discrimination are important, they are generally not sufficient to address specific cases of discrimination in employment and occupation, and comprehensive anti discrimination legislation is generally needed to ensure the effective application of the Convention, based on at least all the grounds of discrimination listed in Article 1(1)(a) and in all areas of employment and occupation. The Committee asks the Government to take steps in order to include legislative protection against direct and indirect discrimination at all stages of employment and occupation based on, as a minimum, all of the grounds enumerated in the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee also asks the Government to include in legislation provisions establishing dissuasive sanctions and appropriate remedies in cases of discrimination. Please provide specific information on progress made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV and AIDS. Legislative developments. The Committee notes the Government’s indication that the HIV and the AIDS pandemic are growing in Gambia and their impact on the labour force, although not documented, could be serious. The Committee also notes that with support of international agencies and non-governmental organizations, under the new National Employment Policy (NEP), and National Employment Action Plan (NEAP), launched for the period 2010–14, the Government is intensifying efforts to better address the issue through awareness-raising campaigns. The Government states that controlling HIV and AIDS in the workplace forms one of the principles underlying the NEP. The Government also indicates that there have been no cases brought pursuant to section 141 of the Labour Act of 2007, which prohibits discrimination based on “actual, perceived or suspected HIV and AIDS status of a person”. The Committee also asks the Government to provide specific information on the awareness raising activities on HIV and AIDS, in particular with relation to promoting of equality of opportunity and treatment in employment and occupation irrespective of HIV status. Please also provide specific information on the measures taken under the NEP and the NEAP with respect to discrimination based on HIV status, and the results of such measures.
Sexual harassment. The Committee had previously noted the absence of legal provisions on sexual harassment in the Labour Act of 2007. The Committee notes the Government’s indication that the Labour Act implicitly prohibits any form of sexual harassment and that, in cases where an employee resigns due to sexual harassment, the employee may have a claim for constructive dismissal. The Government also indicates that employers who do not take action to prevent or stop sexual harassment may be held liable when it arises from management or employees, and that redress from the employer’s act or omission is generally in the form of compensation for the employee. The Committee recalls the importance of adopting explicit provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in order to properly address this form of sex discrimination. It considers that, without a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, it remains doubtful whether the legislation is effectively addressing all forms of sexual harassment. The Committee also notes that, pursuant to the present system, the harassed employee is required to resign before redress can be obtained which is limited to compensation. It considers that providing the possibility of resigning and receiving compensation as the sole remedy for victims of sexual harassment is not sufficient protection for the victim, and in fact penalizes them and could dissuade victims from bringing cases. The Committee asks the Government to take steps in order to include legislative protection against sexual harassment explicitly defining and prohibiting both quid pro quo and hostile environment sexual harassment, and providing for appropriate remedies including reinstatement, and to take measures in order to raise awareness, in cooperation with social partners, with the aim of better preventing and addressing the issue of sexual harassment in employment and occupation.
National Constitution. Recalling its previous comments in which it noted 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 notes the Government’s indication that, since it is prohibited by the Labour Act, by implication other laws may not establish differential treatment. The Committee asks the Government to provide specific information clarifying how the provisions of the Labour Act can override the provisions of the Constitution. The Committee again asks the Government to 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.
Articles 1 and 2. Workers excluded from the protection of the Labour Act. The Committee previously noted that the Labour Act excludes civil servants and domestic workers. Following the Government’s previous statement that the Labour Act would be amended to cover domestic workers, the Committee notes the Government’s indication that consultations are being held in order to amend certain sections of the Labour Act. The Committee asks the Government to provide information on any developments regarding amendments to the Labour Act and to provide information on any steps taken to include domestic workers and any other excluded groups under the protection of the Labour Act. The Committee also reiterates its request for detailed information on the manner in which workers excluded from the Labour Act, including civil servants and domestic workers are protected, 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 the NEP and the NEAP have been reviewed and extended for the period of 2010–14 and provide an integrated employment strategy that targets youth and women by focusing on skills development, entrepreneurship, equal access to finance, employability, equal opportunity and employment creation. With respect to the Gambian Priority Employment Programme (GAMJOBS), the Committee notes that, under the third component of the project, the establishment of the Gambia Enterprise and Skills Development and Training Fund (GETFUND), special employment initiatives targeting women and youth have been undertaken to address skills gaps, and employability has been promoted through the improvement of knowledge and skills training in vocational and technical institutions. The Government indicates that 1,400 persons have benefited from the training courses offered and that a study is being conducted in order to collect data on the number of trainees securing employment or self employment following the programme. The Committee asks the Government to provide specific information on the steps taken under the NEP and the NEAP to achieve equality of opportunity and treatment in employment and occupation based on all the grounds enumerated under Article 1(1)(a) of the Convention and to provide information on the results achieved. The Committee asks the Government to provide statistical data disaggregated by sex on the number of persons benefiting from the GAMJOBS training programmes and securing employment after completing the programme.
Gender equality. The Committee notes that the Government refers to the enactment of the Women’s Act of 2010 (Act No. 12/2010). The Government states that the Act guarantees equal rights for men and women and calls for gender balance in the public sector. The Committee recalls its previous comments in which it noted the statistics provided under the Country Programme Document for Gambia (2007–11), which indicated that, although women constituted 51 per cent of the population, they accounted for less than 32 per cent of formal private-sector employees, and 20 per cent of managerial positions. The Committee had also noted from the National Gender Policy 2010–20, aimed, inter alia, at promoting equality of opportunity for women in employment and occupation, that women represented about 25 per cent of the total number of civil servants. The Committee asks the Government to provide information on measures taken to apply the principle of the Convention under the new Act and to indicate whether any awareness-raising activities have been organized in this regard. The Committee also reiterates its request for detailed information on the 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.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 1(1)(a) of the Convention. Discrimination in employment and occupation. Legislation. The Committee previously pointed out that the provisions of the Constitution regarding discrimination did not include any reference to the prohibition of direct and indirect discrimination in employment and occupation and only concerned discriminatory treatment by public officials (section 33(3)). It also noted that the Labour Act 2007 neither defines nor prohibits discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention, except in the case of dismissal and disciplinary action (section 83(2)). The Committee notes that the Government provides no response to its request regarding the need to amend the legislation. The Committee recalls once again that, although general constitutional provisions regarding non-discrimination are important, they are generally not sufficient to address specific cases of discrimination in employment and occupation, and comprehensive anti discrimination legislation is generally needed to ensure the effective application of the Convention, based on at least all the grounds of discrimination listed in Article 1(1)(a) and in all areas of employment and occupation. The Committee asks the Government to take steps in order to include legislative protection against direct and indirect discrimination at all stages of employment and occupation based on, as a minimum, all of the grounds enumerated in the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee also asks the Government to include in legislation provisions establishing dissuasive sanctions and appropriate remedies in cases of discrimination. Please provide specific information on progress made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV and AIDS. Legislative developments. The Committee notes the Government’s indication that the HIV and the AIDS pandemic are growing in Gambia and their impact on the labour force, although not documented, could be serious. The Committee also notes that with support of international agencies and non-governmental organizations, under the new National Employment Policy (NEP), and National Employment Action Plan (NEAP), launched for the period 2010–14, the Government is intensifying efforts to better address the issue through awareness-raising campaigns. The Government states that controlling HIV and AIDS in the workplace forms one of the principles underlying the NEP. The Government also indicates that there have been no cases brought pursuant to section 141 of the Labour Act of 2007, which prohibits discrimination based on “actual, perceived or suspected HIV and AIDS status of a person”. The Committee also asks the Government to provide specific information on the awareness raising activities on HIV and AIDS, in particular with relation to promoting of equality of opportunity and treatment in employment and occupation irrespective of HIV status. Please also provide specific information on the measures taken under the NEP and the NEAP with respect to discrimination based on HIV status, and the results of such measures.
Sexual harassment. The Committee had previously noted the absence of legal provisions on sexual harassment in the Labour Act of 2007. The Committee notes the Government’s indication that the Labour Act implicitly prohibits any form of sexual harassment and that, in cases where an employee resigns due to sexual harassment, the employee may have a claim for constructive dismissal. The Government also indicates that employers who do not take action to prevent or stop sexual harassment may be held liable when it arises from management or employees, and that redress from the employer’s act or omission is generally in the form of compensation for the employee. The Committee recalls the importance of adopting explicit provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in order to properly address this form of sex discrimination. The Committee considers that, without a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, it remains doubtful whether the legislation is effectively addressing all forms of sexual harassment. The Committee also notes that, pursuant to the present system, the harassed employee is required to resign before redress can be obtained which is limited to compensation. The Committee considers that providing the possibility of resigning and receiving compensation as the sole remedy for victims of sexual harassment is not sufficient protection for the victim, and in fact penalizes them and could dissuade victims from bringing cases. The Committee asks the Government to take steps in order to include legislative protection against sexual harassment explicitly defining and prohibiting both quid pro quo and hostile environment sexual harassment, and providing for appropriate remedies including reinstatement, and to take measures in order to raise awareness, in cooperation with social partners, with the aim of better preventing and addressing the issue of sexual harassment in employment and occupation.
National Constitution. Recalling its previous comments in which the Committee noted 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 notes the Government’s indication that, since it is prohibited by the Labour Act, by implication other laws may not establish differential treatment. The Committee asks the Government to provide specific information clarifying how the provisions of the Labour Act can override the provisions of the Constitution. The Committee again asks the Government to 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.
Articles 1 and 2. Workers excluded from the protection of the Labour Act. The Committee previously noted that the Labour Act excludes civil servants and domestic workers. Following the Government’s previous statement that the Labour Act would be amended to cover domestic workers, the Committee notes the Government’s indication that consultations are being held in order to amend certain sections of the Labour Act. The Committee asks the Government to provide information on any developments regarding amendments to the Labour Act and to provide information on any steps taken to include domestic workers and any other excluded groups under the protection of the Labour Act. The Committee also reiterates its request for detailed information on the manner in which workers excluded from the Labour Act, including civil servants and domestic workers are protected, 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 the NEP and the NEAP have been reviewed and extended for the period of 2010–14 and provide an integrated employment strategy that targets youth and women by focusing on skills development, entrepreneurship, equal access to finance, employability, equal opportunity and employment creation. With respect to the Gambian Priority Employment Programme (GAMJOBS), the Committee notes that, under the third component of the project, the establishment of the Gambia Enterprise and Skills Development and Training Fund (GETFUND), special employment initiatives targeting women and youth have been undertaken to address skills gaps, and employability has been promoted through the improvement of knowledge and skills training in vocational and technical institutions. The Government indicates that 1,400 persons have benefited from the training courses offered and that a study is being conducted in order to collect data on the number of trainees securing employment or self employment following the programme. The Committee further notes that the Decent Country Work Programme for Gambia is in the process of being adopted. The Committee asks the Government to provide specific information on the steps taken under the NEP and the NEAP to achieve equality of opportunity and treatment in employment and occupation based on all the grounds enumerated under Article 1(1)(a) of the Convention and to provide information on the results achieved. The Committee asks the Government to provide statistical data disaggregated by sex on the number of persons benefiting from the GAMJOBS training programmes and securing employment after completing the programme.
Gender equality. The Committee notes that the Government refers to the enactment of the Women’s Act of 2010 (Act No. 12/2010). The Government states that the Act guarantees equal rights for men and women and calls for gender balance in the public sector. The Committee recalls its previous comments in which it noted the statistics provided under the Country Programme Document for Gambia (2007–11), which indicated that, although women constituted 51 per cent of the population, they accounted for less than 32 per cent of formal private-sector employees, and 20 per cent of managerial positions. The Committee had also noted from the National Gender Policy 2010–20, aimed, inter alia, at promoting equality of opportunity for women in employment and occupation, that women represented about 25 per cent of the total number of civil servants. The Committee asks the Government to provide a copy of the Women’s Act of 2010, to provide information on measures taken to apply the principle of the Convention under the new Act and to indicate whether any awareness-raising activities have been organized in this regard. The Committee also reiterates its request for detailed information on the 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.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.
Repetition
Article 1(1)(a) of the Convention. Discrimination in employment and occupation. Legislation. The Committee recalls its previous comments in which it pointed out that the provisions of the Constitution regarding discrimination did not include any reference to the prohibition of direct and indirect discrimination in employment and occupation and only concerned discriminatory treatment by public officials (section 33(3)). The Committee had also noted that the Labour Act 2007 neither defines nor prohibits discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention, except in the case of dismissal and disciplinary action (section 83(2)). The Committee notes that the Government provides no response to its request regarding the need to amend the legislation. The Committee recalls once again that, although general constitutional provisions regarding non-discrimination are important, they are generally not sufficient to address specific cases of discrimination in employment and occupation, and comprehensive anti-discrimination legislation is generally needed to ensure the effective application of the Convention, based on at least all the grounds of discrimination listed in Article 1(1)(a) and in all areas of employment and occupation. The Committee asks the Government to take steps in order to include legislative protection against direct and indirect discrimination at all stages of employment and occupation based on, as a minimum, all of the grounds enumerated in the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee also asks the Government to include in legislation provisions establishing dissuasive sanctions and appropriate remedies in cases of discrimination. Please provide specific information on progress made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Repetition
Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV and AIDS. Legislative developments. The Committee notes the Government’s indication that the HIV and the AIDS pandemic are growing in Gambia and their impact on the labour force, although not documented, could be serious. The Committee also notes that with support of international agencies and non-governmental organizations, under the new National Employment Policy (NEP), and National Employment Action Plan (NEAP), launched for the period 2010–14, the Government is intensifying efforts to better address the issue through awareness-raising campaigns. The Government states that controlling HIV and AIDS in the workplace forms one of the principles underlying the NEP. The Government also indicates that there have been no cases brought pursuant to section 141 of the Labour Act of 2007, which prohibits discrimination based on “actual, perceived or suspected HIV and AIDS status of a person”. The Committee asks the Government to provide information on the practical application of section 141 of the Labour Act of 2007. The Committee also asks the Government to provide specific information on the awareness-raising activities on HIV and AIDS, in particular with relation to promoting of equality of opportunity and treatment in employment and occupation irrespective of HIV status. Please also provide specific information on the measures taken under the NEP and the NEAP with respect to discrimination based on HIV status, and the results of such measures.
Sexual harassment. The Committee had previously noted the absence of legal provisions on sexual harassment in the Labour Act of 2007. The Committee notes the Government’s indication that the Labour Act implicitly prohibits any form of sexual harassment and that, in cases where an employee resigns due to sexual harassment, the employee may have a claim for constructive dismissal. The Government also indicates that employers who do not take action to prevent or stop sexual harassment may be held liable when it arises from management or employees, and that redress from the employer’s act or omission is generally in the form of compensation for the employee. The Committee recalls the importance of adopting explicit provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in order to properly address this form of sex discrimination. The Committee considers that, without a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, it remains doubtful whether the legislation is effectively addressing all forms of sexual harassment. The Committee also notes that, pursuant to the present system, the harassed employee is required to resign before redress can be obtained which is limited to compensation. The Committee considers that providing the possibility of resigning and receiving compensation as the sole remedy for victims of sexual harassment is not sufficient protection for the victim, and in fact penalizes them and could dissuade victims from bringing cases. The Committee asks the Government to take steps in order to include legislative protection against sexual harassment explicitly defining and prohibiting both quid pro quo and hostile environment sexual harassment, and providing for appropriate remedies including reinstatement, and to take measures in order to raise awareness, in cooperation with social partners, with the aim of better preventing and addressing the issue of sexual harassment in employment and occupation.
National Constitution. Recalling its previous comments in which the Committee noted 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 notes the Government’s indication that, since it is prohibited by the Labour Act, by implication other laws may not establish differential treatment. The Committee asks the Government to provide specific information clarifying how the provisions of the Labour Act can override the provisions of the Constitution. The Committee again asks the Government to 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.
Articles 1 and 2. Workers excluded from the protection of the Labour Act. The Committee previously noted that the Labour Act excludes civil servants and domestic workers. Following the Government’s previous statement that the Labour Act would be amended to cover domestic workers, the Committee notes the Government’s indication that consultations are being held in order to amend certain sections of the Labour Act. The Committee asks the Government to provide information on any developments regarding amendments to the Labour Act and to provide information on any steps taken to include domestic workers and any other excluded groups under the protection of the Labour Act. The Committee also reiterates its request for detailed information on the manner in which workers excluded from the Labour Act, including civil servants and domestic workers are protected, 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 the NEP and the NEAP have been reviewed and extended for the period of 2010–14 and provide an integrated employment strategy that targets youth and women by focusing on skills development, entrepreneurship, equal access to finance, employability, equal opportunity and employment creation. With respect to the Gambian Priority Employment Programme (GAMJOBS), the Committee notes that, under the third component of the project, the establishment of the Gambia Enterprise and Skills Development and Training Fund (GETFUND), special employment initiatives targeting women and youth have been undertaken to address skills gaps, and employability has been promoted through the improvement of knowledge and skills training in vocational and technical institutions. The Government indicates that 1,400 persons have benefited from the training courses offered and that a study is being conducted in order to collect data on the number of trainees securing employment or self-employment following the programme. The Committee further notes that the Decent Country Work Programme for Gambia is in the process of being adopted. The Committee asks the Government to provide specific information on the steps taken under the NEP and the NEAP to achieve equality of opportunity and treatment in employment and occupation based on all the grounds enumerated under Article 1(1)(a) of the Convention and to provide information on the results achieved. The Committee asks the Government to provide statistical data disaggregated by sex on the number of persons benefiting from the GAMJOBS training programmes and securing employment after completing the programme.
Gender equality. The Committee notes that the Government refers to the enactment of the Women’s Act of 2010 (Act No. 12/2010). The Government states that the Act guarantees equal rights for men and women and calls for gender balance in the public sector. The Committee recalls its previous comments in which it noted the statistics provided under the Country Programme Document for Gambia (2007–11), which indicated that, although women constituted 51 per cent of the population, they accounted for less than 32 per cent of formal private-sector employees, and 20 per cent of managerial positions. The Committee had also noted from the National Gender Policy 2010–20, aimed, inter alia, at promoting equality of opportunity for women in employment and occupation, that women represented about 25 per cent of the total number of civil servants. The Committee asks the Government to provide a copy of the Women’s Act of 2010, to provide information on measures taken to apply the principle of the Convention under the new Act and to indicate whether any awareness-raising activities have been organized in this regard. The Committee also reiterates its request for detailed information on the 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.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.
Repetition
Article 1(1)(a) of the Convention. Discrimination in employment and occupation. Legislation. The Committee recalls its previous comments in which it pointed out that the provisions of the Constitution regarding discrimination did not include any reference to the prohibition of direct and indirect discrimination in employment and occupation and only concerned discriminatory treatment by public officials (section 33(3)). The Committee had also noted that the Labour Act 2007 neither defines nor prohibits discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention, except in the case of dismissal and disciplinary action (section 83(2)). The Committee notes that the Government provides no response to its request regarding the need to amend the legislation. The Committee recalls once again that, although general constitutional provisions regarding non-discrimination are important, they are generally not sufficient to address specific cases of discrimination in employment and occupation, and comprehensive anti-discrimination legislation is generally needed to ensure the effective application of the Convention, based on at least all the grounds of discrimination listed in Article 1(1)(a) and in all areas of employment and occupation. The Committee asks the Government to take steps in order to include legislative protection against direct and indirect discrimination at all stages of employment and occupation based on, as a minimum, all of the grounds enumerated in the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee also asks the Government to include in legislation provisions establishing dissuasive sanctions and appropriate remedies in cases of discrimination. Please provide specific information on progress made in this regard.
The Committee recalls that it raised other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV and AIDS. Legislative developments. The Committee notes the Government’s indication that the HIV and the AIDS pandemic are growing in Gambia and their impact on the labour force, although not documented, could be serious. The Committee also notes that with support of international agencies and non-governmental organizations, under the new National Employment Policy (NEP), and National Employment Action Plan (NEAP), launched for the period 2010–14, the Government is intensifying efforts to better address the issue through awareness-raising campaigns. The Government states that controlling HIV and AIDS in the workplace forms one of the principles underlying the NEP. The Government also indicates that there have been no cases brought pursuant to section 141 of the Labour Act of 2007, which prohibits discrimination based on “actual, perceived or suspected HIV and AIDS status of a person”. The Committee asks the Government to provide information on the practical application of section 141 of the Labour Act of 2007. The Committee also asks the Government to provide specific information on the awareness-raising activities on HIV and AIDS, in particular with relation to promoting of equality of opportunity and treatment in employment and occupation irrespective of HIV status. Please also provide specific information on the measures taken under the NEP and the NEAP with respect to discrimination based on HIV status, and the results of such measures.
Sexual harassment. The Committee had previously noted the absence of legal provisions on sexual harassment in the Labour Act of 2007. The Committee notes the Government’s indication that the Labour Act implicitly prohibits any form of sexual harassment and that, in cases where an employee resigns due to sexual harassment, the employee may have a claim for constructive dismissal. The Government also indicates that employers who do not take action to prevent or stop sexual harassment may be held liable when it arises from management or employees, and that redress from the employer’s act or omission is generally in the form of compensation for the employee. The Committee recalls the importance of adopting explicit provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in order to properly address this form of sex discrimination. The Committee considers that, without a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, it remains doubtful whether the legislation is effectively addressing all forms of sexual harassment. The Committee also notes that, pursuant to the present system, the harassed employee is required to resign before redress can be obtained which is limited to compensation. The Committee considers that providing the possibility of resigning and receiving compensation as the sole remedy for victims of sexual harassment is not sufficient protection for the victim, and in fact penalizes them and could dissuade victims from bringing cases. The Committee asks the Government to take steps in order to include legislative protection against sexual harassment explicitly defining and prohibiting both quid pro quo and hostile environment sexual harassment, and providing for appropriate remedies including reinstatement, and to take measures in order to raise awareness, in cooperation with social partners, with the aim of better preventing and addressing the issue of sexual harassment in employment and occupation.
National Constitution. Recalling its previous comments in which the Committee noted 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 notes the Government’s indication that, since it is prohibited by the Labour Act, by implication other laws may not establish differential treatment. The Committee asks the Government to provide specific information clarifying how the provisions of the Labour Act can override the provisions of the Constitution. The Committee again asks the Government to 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.
Articles 1 and 2. Workers excluded from the protection of the Labour Act. The Committee previously noted that the Labour Act excludes civil servants and domestic workers. Following the Government’s previous statement that the Labour Act would be amended to cover domestic workers, the Committee notes the Government’s indication that consultations are being held in order to amend certain sections of the Labour Act. The Committee asks the Government to provide information on any developments regarding amendments to the Labour Act and to provide information on any steps taken to include domestic workers and any other excluded groups under the protection of the Labour Act. The Committee also reiterates its request for detailed information on the manner in which workers excluded from the Labour Act, including civil servants and domestic workers are protected, 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 the NEP and the NEAP have been reviewed and extended for the period of 2010–14 and provide an integrated employment strategy that targets youth and women by focusing on skills development, entrepreneurship, equal access to finance, employability, equal opportunity and employment creation. With respect to the Gambian Priority Employment Programme (GAMJOBS), the Committee notes that, under the third component of the project, the establishment of the Gambia Enterprise and Skills Development and Training Fund (GETFUND), special employment initiatives targeting women and youth have been undertaken to address skills gaps, and employability has been promoted through the improvement of knowledge and skills training in vocational and technical institutions. The Government indicates that 1,400 persons have benefited from the training courses offered and that a study is being conducted in order to collect data on the number of trainees securing employment or self-employment following the programme. The Committee further notes that the Decent Country Work Programme for Gambia is in the process of being adopted. The Committee asks the Government to provide specific information on the steps taken under the NEP and the NEAP to achieve equality of opportunity and treatment in employment and occupation based on all the grounds enumerated under Article 1(1)(a) of the Convention and to provide information on the results achieved. The Committee asks the Government to provide statistical data disaggregated by sex on the number of persons benefiting from the GAMJOBS training programmes and securing employment after completing the programme.
Gender equality. The Committee notes that the Government refers to the enactment of the Women’s Act of 2010 (Act No. 12/2010). The Government states that the Act guarantees equal rights for men and women and calls for gender balance in the public sector. The Committee recalls its previous comments in which it noted the statistics provided under the Country Programme Document for Gambia (2007–11), which indicated that, although women constituted 51 per cent of the population, they accounted for less than 32 per cent of formal private-sector employees, and 20 per cent of managerial positions. The Committee had also noted from the National Gender Policy 2010–20, aimed, inter alia, at promoting equality of opportunity for women in employment and occupation, that women represented about 25 per cent of the total number of civil servants. The Committee asks the Government to provide a copy of the Women’s Act of 2010, to provide information on measures taken to apply the principle of the Convention under the new Act and to indicate whether any awareness-raising activities have been organized in this regard. The Committee also reiterates its request for detailed information on the 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.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
Repetition
Article 1(1)(a) of the Convention. Discrimination in employment and occupation. Legislation. The Committee recalls its previous comments in which it pointed out that the provisions of the Constitution regarding discrimination did not include any reference to the prohibition of direct and indirect discrimination in employment and occupation and only concerned discriminatory treatment by public officials (section 33(3)). The Committee had also noted that the Labour Act 2007 neither defines nor prohibits discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention, except in the case of dismissal and disciplinary action (section 83(2)). The Committee notes that the Government provides no response to its request regarding the need to amend the legislation. The Committee recalls once again that, although general constitutional provisions regarding non-discrimination are important, they are generally not sufficient to address specific cases of discrimination in employment and occupation, and comprehensive anti-discrimination legislation is generally needed to ensure the effective application of the Convention, based on at least all the grounds of discrimination listed in Article 1(1)(a) and in all areas of employment and occupation. The Committee asks the Government to take steps in order to include legislative protection against direct and indirect discrimination at all stages of employment and occupation based on, as a minimum, all of the grounds enumerated in the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee also asks the Government to include in legislation provisions establishing dissuasive sanctions and appropriate remedies in cases of discrimination. Please provide specific information on progress made in this regard.
The Committee is raising other points in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV and AIDS. Legislative developments. The Committee notes the Government’s indication that the HIV and the AIDS pandemic are growing in Gambia and their impact on the labour force, although not documented, could be serious. The Committee also notes that with support of international agencies and non-governmental organizations, under the new National Employment Policy (NEP), and National Employment Action Plan (NEAP), launched for the period 2010–14, the Government is intensifying efforts to better address the issue through awareness-raising campaigns. The Government states that controlling HIV and AIDS in the workplace forms one of the principles underlying the NEP. The Government also indicates that there have been no cases brought pursuant to section 141 of the Labour Act of 2007, which prohibits discrimination based on “actual, perceived or suspected HIV and AIDS status of a person”. The Committee asks the Government to provide information on the practical application of section 141 of the Labour Act of 2007. The Committee also asks the Government to provide specific information on the awareness-raising activities on HIV and AIDS, in particular with relation to promoting of equality of opportunity and treatment in employment and occupation irrespective of HIV status. Please also provide specific information on the measures taken under the NEP and the NEAP with respect to discrimination based on HIV status, and the results of such measures.
Sexual harassment. The Committee had previously noted the absence of legal provisions on sexual harassment in the Labour Act of 2007. The Committee notes the Government’s indication that the Labour Act implicitly prohibits any form of sexual harassment and that, in cases where an employee resigns due to sexual harassment, the employee may have a claim for constructive dismissal. The Government also indicates that employers who do not take action to prevent or stop sexual harassment may be held liable when it arises from management or employees, and that redress from the employer’s act or omission is generally in the form of compensation for the employee. The Committee recalls the importance of adopting explicit provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in order to properly address this form of sex discrimination. The Committee considers that, without a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, it remains doubtful whether the legislation is effectively addressing all forms of sexual harassment. The Committee also notes that, pursuant to the present system, the harassed employee is required to resign before redress can be obtained which is limited to compensation. The Committee considers that providing the possibility of resigning and receiving compensation as the sole remedy for victims of sexual harassment is not sufficient protection for the victim, and in fact penalizes them and could dissuade victims from bringing cases. The Committee asks the Government to take steps in order to include legislative protection against sexual harassment explicitly defining and prohibiting both quid pro quo and hostile environment sexual harassment, and providing for appropriate remedies including reinstatement, and to take measures in order to raise awareness, in cooperation with social partners, with the aim of better preventing and addressing the issue of sexual harassment in employment and occupation.
National Constitution. Recalling its previous comments in which the Committee noted 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 notes the Government’s indication that, since it is prohibited by the Labour Act, by implication other laws may not establish differential treatment. The Committee asks the Government to provide specific information clarifying how the provisions of the Labour Act can override the provisions of the Constitution. The Committee again asks the Government to 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.
Articles 1 and 2. Workers excluded from the protection of the Labour Act. The Committee previously noted that the Labour Act excludes civil servants and domestic workers. Following the Government’s previous statement that the Labour Act would be amended to cover domestic workers, the Committee notes the Government’s indication that consultations are being held in order to amend certain sections of the Labour Act. The Committee asks the Government to provide information on any developments regarding amendments to the Labour Act and to provide information on any steps taken to include domestic workers and any other excluded groups under the protection of the Labour Act. The Committee also reiterates its request for detailed information on the manner in which workers excluded from the Labour Act, including civil servants and domestic workers are protected, 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 the NEP and the NEAP have been reviewed and extended for the period of 2010–14 and provide an integrated employment strategy that targets youth and women by focusing on skills development, entrepreneurship, equal access to finance, employability, equal opportunity and employment creation. With respect to the Gambian Priority Employment Programme (GAMJOBS), the Committee notes that, under the third component of the project, the establishment of the Gambia Enterprise and Skills Development and Training Fund (GETFUND), special employment initiatives targeting women and youth have been undertaken to address skills gaps, and employability has been promoted through the improvement of knowledge and skills training in vocational and technical institutions. The Government indicates that 1,400 persons have benefited from the training courses offered and that a study is being conducted in order to collect data on the number of trainees securing employment or self-employment following the programme. The Committee further notes that the Decent Country Work Programme for Gambia is in the process of being adopted. The Committee asks the Government to provide specific information on the steps taken under the NEP and the NEAP to achieve equality of opportunity and treatment in employment and occupation based on all the grounds enumerated under Article 1(1)(a) of the Convention and to provide information on the results achieved. The Committee asks the Government to provide statistical data disaggregated by sex on the number of persons benefiting from the GAMJOBS training programmes and securing employment after completing the programme.
Gender equality. The Committee notes that the Government refers to the enactment of the Women’s Act of 2010 (Act No. 12/2010). The Government states that the Act guarantees equal rights for men and women and calls for gender balance in the public sector. The Committee recalls its previous comments in which it noted the statistics provided under the Country Programme Document for Gambia (2007–11), which indicated that, although women constituted 51 per cent of the population, they accounted for less than 32 per cent of formal private-sector employees, and 20 per cent of managerial positions. The Committee had also noted from the National Gender Policy 2010–20, aimed, inter alia, at promoting equality of opportunity for women in employment and occupation, that women represented about 25 per cent of the total number of civil servants. The Committee asks the Government to provide a copy of the Women’s Act of 2010, to provide information on measures taken to apply the principle of the Convention under the new Act and to indicate whether any awareness-raising activities have been organized in this regard. The Committee also reiterates its request for detailed information on the 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.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(a) of the Convention. Discrimination in employment and occupation. Legislation. The Committee recalls its previous comments in which it pointed out that the provisions of the Constitution regarding discrimination did not include any reference to the prohibition of direct and indirect discrimination in employment and occupation and only concerned discriminatory treatment by public officials (section 33(3)). The Committee had also noted that the Labour Act 2007 neither defines nor prohibits discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention, except in the case of dismissal and disciplinary action (section 83(2)). The Committee notes that the Government provides no response to its request regarding the need to amend the legislation. The Committee recalls once again that, although general constitutional provisions regarding non-discrimination are important, they are generally not sufficient to address specific cases of discrimination in employment and occupation, and comprehensive anti-discrimination legislation is generally needed to ensure the effective application of the Convention, based on at least all the grounds of discrimination listed in Article 1(1)(a) and in all areas of employment and occupation. The Committee asks the Government to take steps in order to include legislative protection against direct and indirect discrimination at all stages of employment and occupation based on, as a minimum, all of the grounds enumerated in the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee also asks the Government to include in legislation provisions establishing dissuasive sanctions and appropriate remedies in cases of discrimination. Please provide specific information on progress made in this regard.
The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

Article 1(1)(a) of the Convention. Discrimination in employment and occupation. Legislation. In its previous comments, the Committee pointed out that the provisions of the Constitution regarding discrimination did not include any reference to the prohibition of direct and indirect discrimination in employment and occupation and concerned only discriminatory treatment by public officials (section 33(3)). It also noted that the Labour Act of 1990 did not contain any provisions on discrimination, or reference to grounds of discrimination, but that it was in the process of being amended. The Committee notes that a new Labour Act (No. 5 of 2007) was adopted on 17 October 2007. While noting the Government’s statement that the issue of discrimination has been adequately dealt with in the Labour Act 2007, the Committee notes that the new Act neither defines nor prohibits discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention, except in the case of dismissal and disciplinary action (section 83(2)). The Committee wishes to recall that it considers that, although general constitutional provisions regarding equality are important, they are not generally sufficient to address specific cases of discrimination in employment and occupation. It further considers that comprehensive anti-discrimination legislation is needed to ensure the effective application of the Convention and that, as a minimum, all the prohibited grounds of discrimination listed in Article 1(1)(a) should be addressed. The Committee therefore asks the Government to consider including in the Labour Act a comprehensive definition and a general prohibition of direct and indirect discrimination at all stages of employment and occupation based on, as a minimum, all of the seven enumerated grounds, namely, race, colour, sex, religion, political opinion, national extraction and social origin, as well as dissuasive sanctions and appropriate remedies. The Government is requested to provide information on the concrete steps taken to that end.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1) of the Convention. In its previous comments, the Committee noted the constitutional provisions concerning equality but pointed out that these did not include any reference to freedom from discrimination in employment and occupation, nor to discrimination in practice apart from public officials. Furthermore, it noted that the Labour Act of 1990 did not contain any provisions on discrimination or reference to grounds of discrimination, but that it was in the process of amendment. The Committee notes that the Government in its most recent report, restates the anti-discrimination provisions of the Constitution. It also notes that article 33(4) of the Constitution, providing a general definition of discrimination covering all the grounds contained in the Convention, does not appear to include indirect discrimination. In the absence of any further information in the Government’s report on the process of amendment of the Labour Act of 1990, and on how direct and indirect discrimination in employment and occupation is ensured in practice, the Committee asks the Government to indicate in its next report whether it intends to include in the Labour Act, provisions defining and prohibiting direct and indirect discrimination based on all the grounds contained in the Convention, and to report on the progress made in this regard. Please also provide information on the manner in which direct and indirect discrimination in employment and occupation is being ensured in practice in the public and private sectors.

2. Excluded groups. With reference to its previous comments regarding the categories of workers currently excluded from the application of the Labour Act of 1990, including domestic workers, the Committee notes that the Government’s report does not address this point. The Committee, therefore, reiterates its hope that these categories of workers will either be included under the protection of the revised Labour Act, or that other measures will be taken to ensure their protection against discrimination. The Committee asks the Government to keep it informed of any progress made in this regard.

3. Article 2. National policy to promote equality. The Committee notes the Government’s statement that the new national employment policy for 2003–08 promotes equality of opportunity and treatment. The Committee asks the Government to provide further details on the programmes and measures taken to implement the national policy on equality of opportunity and treatment in employment and occupation with respect to the grounds of race, colour, sex, religion, political opinion, national extraction and social origin according to the principles outlined in Article 3 of the Convention. Please also provide a copy of the 2003–08 national policy.

4. Access to vocational training. With respect to access of women and girls to vocational training and education, the Committee notes that the Government contests the statement in its previous report that men and women are trained in certain skills but not in others due to societal norms. The Government now claims that there is no such societal indirect discrimination and that both men and women are trained in all work, and it depends on the individual field of interest and academic ability of the worker to cope with the demand of a particular trade or occupation. The Committee draws the attention of the Government to the fact that societal and historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs and training courses, have led to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. The Committee asks the Government (i) to indicate in its next report the measures taken, including their impact, to promote women’s access to education and a wide variety of vocational training courses, including their participation in training courses primarily attended by men; and (ii) to provide statistics disaggregated by sex on the participation of women and men in education and vocational training courses.

5. Article 3(a). Cooperation with the social partners. The Committee notes the Government’s statement that the Labour Advisory Board has not yet made any recommendations for amendments to the Labour Act of 1990 relevant to the application of the Convention. It further notes the Government’s statement that there is a possibility for the social partners to undertake promotional action on equality of opportunity and treatment. The Committee asks the Government to provide information on the concrete measures taken to encourage and cooperate with the social partners to promote the principles of the Convention and the national policy on equality, and to report on the results achieved.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(1) of the Convention.  In its previous comments, the Committee noted the constitutional provisions concerning equality but pointed out that these did not include any reference to freedom from discrimination in employment and occupation, nor to discrimination in practice apart from public officials. Furthermore, it noted that the Labour Act of 1990 did not contain any provisions on discrimination or reference to grounds of discrimination, but that it was in the process of amendment. The Committee notes that the Government in its most recent report, restates the anti-discrimination provisions of the Constitution. It also notes that article 33(4) of the Constitution, providing a general definition of discrimination covering all the grounds contained in the Convention, does not appear to include indirect discrimination. In the absence of any further information in the Government’s report on the process of amendment of the Labour Act of 1990, and on how direct and indirect discrimination in employment and occupation is ensured in practice, the Committee asks the Government to indicate in its next report whether it intends to include in the Labour Act, provisions defining and prohibiting direct and indirect discrimination based on all the grounds contained in the Convention, and to report on the progress made in this regard. Please also provide information on the manner in which direct and indirect discrimination in employment and occupation is being ensured in practice in the public and private sectors.

2. Excluded groups. With reference to its previous comments regarding the categories of workers currently excluded from the application of the Labour Act of 1990, including domestic workers, the Committee notes that the Government’s report does not address this point. The Committee, therefore, reiterates its hope that these categories of workers will either be included under the protection of the revised Labour Act, or that other measures will be taken to ensure their protection against discrimination. The Committee asks the Government to keep it informed of any progress made in this regard.

3. Article 2. National policy to promote equality. The Committee notes the Government’s statement that the new national employment policy for 2003–08 promotes equality of opportunity and treatment. The Committee asks the Government to provide further details on the programmes and measures taken to implement the national policy on equality of opportunity and treatment in employment and occupation with respect to the grounds of race, colour, sex, religion, political opinion, national extraction and social origin according to the principles outlined in Article 3 of the Convention. Please also provide a copy of the 2003–08 national policy.

4. Access to vocational training. With respect to access of women and girls to vocational training and education, the Committee notes that the Government contests the statement in its previous report that men and women are trained in certain skills but not in others due to societal norms. The Government now claims that there is no such societal indirect discrimination and that both men and women are trained in all work, and it depends on the individual field of interest and academic ability of the worker to cope with the demand of a particular trade or occupation. The Committee draws the attention of the Government to the fact that societal and historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs and training courses, have led to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. The Committee asks the Government (i) to indicate in its next report the measures taken, including their impact, to promote women’s access to education and a wide variety of vocational training courses, including their participation in training courses primarily attended by men; and (ii) to provide statistics disaggregated by sex on the participation of women and men in education and vocational training courses.

5. Article 3(a). Cooperation with the social partners. The Committee notes the Government’s statement that the Labour Advisory Board has not yet made any recommendations for amendments to the Labour Act of 1990 relevant to the application of the Convention. It further notes the Government’s statement that there is a possibility for the social partners to undertake promotional action on equality of opportunity and treatment. The Committee asks the Government to provide information on the concrete measures taken to encourage and cooperate with the social partners to promote the principles of the Convention and the national policy on equality, and to report on the results achieved.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1) of the Convention. Definition of discrimination. The Committee notes that the Constitution of Gambia contains provisions that provide in part for the application of Article 1(1) of the Convention. In particular it notes that article 28 of the Constitution provides that "women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities". This provision, however, makes no reference to the types of distinction that are prohibited nor to the direct or indirect nature of discrimination as detailed in the Convention. The Committee further notes that article 17(2) of the Constitution provides that "every person in Gambia, whatever his or her race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual". It notes that this provision appears to cover all the grounds under the Convention; however, the rights to which it applies include equality before the law (article 33(1)), freedom from discriminatory laws (article 33(2)) and freedom from discrimination by any person acting by virtue of law or in the performance of the functions of a public office (article 33(3)) but that there is no reference to freedom from discrimination in employment, nor to discrimination in practice apart from public officials. The Committee further notes that the Labour Code contains no provisions on discrimination or reference to grounds of discrimination. It notes from the Government’s report, however, that the Code is in the process of amendment. The Committee therefore would urge the Government to ensure that the new labour law includes a comprehensive definition of discrimination, to supplement the provisions in the Constitution, that recognises all the grounds in the Convention, and addresses both direct and indirect discrimination in equality of opportunity and of treatment in employment. It suggests that the Government consult the International Labour Office in this respect.

2. Non-nationals. The Committee also notes that the constitutional provisions on freedom from discriminatory laws do not apply to persons who are not citizens of Gambia (article 33(5)). The Committee emphasizes that it is not permissible to exclude non-citizens from the coverage of the Convention (General Survey, 1988, paragraph 17) and that the elimination of discrimination concerns both nationals and non-nationals. It also notes that although the Labour Code currently provides no protection from discrimination, it excludes from its scope of application the Civil Service, the Naval and Military Forces, the police and domestic workers. The Committee hopes that these categories of workers will either be included for protection under the revised labour law, or that other measures are taken to ensure their protection against discrimination. The Committee asks the Government to provide a copy of the draft legislation, and to keep the Committee informed of its progress.

3. Article 2. National policy to promote equality. The Committee notes from the Government’s report that there is a new national employment policy for 2003-08, but it is not clear whether this policy promotes equality in employment. It further notes from the report that there is the need for "nation-wide sensitisation and implementation" of the principle of equality. The Committee reminds the Government that the Convention requires that the Government declare and pursue a national policy designed to promote equality of opportunity and treatment, by methods appropriate to national conditions. The Committee therefore asks the Government to provide more information on whether the national employment policy promotes equality and, if not, when and in what manner it will develop and declare such a policy.

4. Access to vocational training. The Committee notes the statement by the Government that there is no discrimination in vocational training, employment and occupation on the basis of race, colour, sex, religion and political opinion, although in practice societal norms mean that men and women are trained in certain skills but not in others. The Committee asks the Government to provide information on the measures it is taking to reduce this indirect form of discrimination, which leads to occupational segregation, and any action it is taking to encourage both women’s and men’s access to non-traditional occupations. It also notes from the report that although education is provided free for girls to encourage parents to send girls to school, their education remains of secondary priority in rural areas. The Committee has previously noted that in so far as the completion of certain studies coming under the heading of general education is necessary to obtain access to a given employment, the problems relating thereto should not be overlooked in the application of Convention (see General Survey, 1988, paragraph 78). The Committee asks the Government to keep it informed of its progress in improving access to both education and vocational training for all.

5. Article 3. Cooperation of social partners and promotional measures. The Committee notes that the Labour Advisory Board, set up under Part III of the Labour Code, may "consider and advise upon any proposed legislation affecting Labour or industrial relations" (section 17(a)). The Committee asks the Government to indicate in its next report whether the Labour Advisory Board has made recommendations for amendments to the Labour Code relevant to the application of this Convention, and also whether in practice the Board takes or can take promotional action to promote equality of opportunity and treatment. It also asks the Government to provide information on future public information campaigns or measures to promote girls’ education.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1) of the Convention. Definition of discrimination. The Committee notes that the Constitution of Gambia contains provisions that provide in part for the application of Article 1(1) of the Convention. In particular it notes that article 28 of the Constitution provides that "women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities". This provision, however, makes no reference to the types of distinction that are prohibited nor to the direct or indirect nature of discrimination as detailed in the Convention. The Committee further notes that article 17(2) of the Constitution provides that "every person in Gambia, whatever his or her race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual". It notes that this provision appears to cover all the grounds under the Convention; however, the rights to which it applies include equality before the law (article 33(1)), freedom from discriminatory laws (article 33(2)) and freedom from discrimination by any person acting by virtue of law or in the performance of the functions of a public office (article 33(3)) but that there is no reference to freedom from discrimination in employment, nor to discrimination in practice apart from public officials. The Committee further notes that the Labour Code contains no provisions on discrimination or reference to grounds of discrimination. It notes from the Government’s report, however, that the Code is in the process of amendment. The Committee therefore would urge the Government to ensure that the new labour law includes a comprehensive definition of discrimination, to supplement the provisions in the Constitution, that recognises all the grounds in the Convention, and addresses both direct and indirect discrimination in equality of opportunity and of treatment in employment. It suggests that the Government consult the International Labour Office in this respect.

2. Non-nationals. The Committee also notes that the constitutional provisions on freedom from discriminatory laws do not apply to persons who are not citizens of Gambia (article 33(5)). The Committee emphasizes that it is not permissible to exclude non-citizens from the coverage of the Convention (General Survey, 1988, paragraph 17) and that the elimination of discrimination concerns both nationals and non-nationals. It also notes that although the Labour Code currently provides no protection from discrimination, it excludes from its scope of application the Civil Service, the Naval and Military Forces, the police and domestic workers. The Committee hopes that these categories of workers will either be included for protection under the revised labour law, or that other measures are taken to ensure their protection against discrimination. The Committee asks the Government to provide a copy of the draft legislation, and to keep the Committee informed of its progress.

3. Article 2. National policy to promote equality. The Committee notes from the Government’s report that there is a new national employment policy for 2003-08, but it is not clear whether this policy promotes equality in employment. It further notes from the report that there is the need for "nation-wide sensitisation and implementation" of the principle of equality. The Committee reminds the Government that the Convention requires that the Government declare and pursue a national policy designed to promote equality of opportunity and treatment, by methods appropriate to national conditions. The Committee therefore asks the Government to provide more information on whether the national employment policy promotes equality and, if not, when and in what manner it will develop and declare such a policy.

4. Access to vocational training. The Committee notes the statement by the Government that there is no discrimination in vocational training, employment and occupation on the basis of race, colour, sex, religion and political opinion, although in practice societal norms mean that men and women are trained in certain skills but not in others. The Committee asks the Government to provide information on the measures it is taking to reduce this indirect form of discrimination, which leads to occupational segregation, and any action it is taking to encourage both women’s and men’s access to non-traditional occupations. It also notes from the report that although education is provided free for girls to encourage parents to send girls to school, their education remains of secondary priority in rural areas. The Committee has previously noted that in so far as the completion of certain studies coming under the heading of general education is necessary to obtain access to a given employment, the problems relating thereto should not be overlooked in the application of Convention (see General Survey 1988, paragraph 78). The Committee asks the Government to keep it informed of its progress in improving access to both education and vocational training for all.

5. Article 3. Cooperation of social partners and promotional measures. The Committee notes that the Labour Advisory Board, set up under Part III of the Labour Code, may "consider and advise upon any proposed legislation affecting Labour or industrial relations" (section 17(a)). The Committee asks the Government to indicate in its next report whether the Labour Advisory Board has made recommendations for amendments to the Labour Code relevant to the application of this Convention, and also whether in practice the Board takes or can take promotional action to promote equality of opportunity and treatment. It also asks the Government to provide information on future public information campaigns or measures to promote girls’ education.

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