Forced Labour Convention, 1930 (No. 29) - Gambia (Ratification: 2000)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National Action Plan. Implementation. The Committee notes with interest the Government’s information in its report that the National Agency Against Trafficking in Persons (NAATIP) updated and validated the National Plan of Action (NAP) 2021–25. The main objectives of this new Action Plan include enhancing the legal framework and policies to combat trafficking in persons; building the capacity of relevant stakeholders responsible for the enforcement of laws and implementation of programmes against trafficking in persons; building awareness-raising among the general public and establishing and disseminating information and campaign materials throughout Gambia; and providing protection, rehabilitation and reintegration support to victims of trafficking. The Committee observes that the Action Plan contains a section on monitoring and evaluation and provides for the conduct of annual progress reviews of its implementation as well as an end of plan evaluation report. The Committee further notes that the NAATIP signed several memorandums of understanding at the national and regional levels, including with the National Committee Against Trafficking in Persons of Senegal and Nigeria for better collaboration in efforts to fight against trafficking in persons, smuggling of migrants and forced labour. The Committee encourages the Government to continue its efforts to combat trafficking in persons and requests it to provide information on the concrete measures taken to implement the various components of the NAP 2021–25. The Committee also requests the Government to provide summarized information on the assessment of the implementation of the Action Plan undertaken by the NAATIP, indicating the results achieved, the difficulties encountered and the measures contemplated as a consequence.

2. Protection and assistance. The Committee notes the Government’s information that the NAATIP partners with the International Organization for Migration and the Department of Social Welfare to assist victims of trafficking in terms of psychosocial counselling, medical assistance, provision of food and other items, family tracing and reunification and repatriating presumed victims to the country of origin and returning alleged victims of trafficking back to the Gambia with assistance for their reintegration. In 2020–21, the NAATIP developed a National Referral Mechanism for the protection and assistance of victims of trafficking and a Standard Operating Procedure for the identification and referral of victims. In 2022, the NAATIP identified 18 victims of trafficking which included 11 Nigerian women and girls who were exploited in sex trafficking within the country and seven Gambian women exploited in domestic servitude in the Middle East. The Committee requests the Government to continue to ensure the effective identification of victims of trafficking for both labour and sexual exploitation and to provide them with appropriate assistance for their recovery and rehabilitation. It also requests the Government to provide information on the number of victims who have been identified, indicating how many of them received assistance and of what type as well as the number of victims who were repatriated.

3. Prosecution and application of penalties. The Committee notes the Government’s information that in 2020–21, the NAATIP strengthened its investigative mandate capacity by appointing nine additional investigators and through assigning trafficking in persons focal points at all borders and entry points, including Banjul International airport. In July 2021, the NAATIP achieved three convictions at the Brikama Magistrates’ court for offences related to trafficking in persons under section 28 of the Trafficking in Persons Act, 2007. The convicts were sentenced to fifteen years of imprisonment along with a fine. The Government also refers to five other cases that are pending before the High Court. The Government indicates that the non-cooperation of victims with investigators and their reluctance to give evidence in court are some of the major challenges faced by the NAATIP during court proceedings. The Committee requests the Government to continue to provide informationon the strengthening of the capacities of those in charge of the investigation of cases of trafficking and the prosecution of perpetrators as well as on the measures taken to overcome the challenges faced by the NAATIP, including strengthening protection and counselling to victims and witnesses during investigations and court proceedings. The Committee requests the Government to continue providing updated information on the investigations carried out, the prosecutions initiated and the convictions and penalties handed down for offences related to trafficking in persons.

Articles 1(1) and 2(1). Freedom of public service employees to leave the service. Following its previous comments, the Committee notes the Government’s information relating to the five grounds on which a request for resignation, pursuant to section III (02301) of the General Order of the Public Service Commission, may be refused. The Government further indicates that there are no known cases in which the Public Service Commission has refused a request for resignation.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the activities of the anti-human trafficking agency and to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code.

The Committee notes the Government’s reference in its report to the Trafficking in Persons Act No. 11 (adopted in 2007 and amended in 2010) under which trafficking in persons is an offence punishable by a minimum term of 15 years imprisonment and a maximum term of life imprisonment. The Government also indicates that the National Agency Against Trafficking in Persons (NAATIP) is an agency that carries out its activities premised on four main principles, namely: prevention, protection, partnership and prosecution. In 2018, the NAATIP validated the Advocacy Plan of Action, which is now being implemented and has organized quarterly sensitization activities. The Committee requests the Government to provide further information on the Advocacy Plan of Action and the results achieved in terms of prevention, protection, and prosecution. The Committee also requests the Government to provide information on the measures taken by the National Agency Against Trafficking in Persons to provide assistance to victims of trafficking, including statistical information and the description of services provided. Lastly, the Committee requests the Government to provide information on any court proceedings initiated with respect to trafficking and the penalties imposed.

Articles 1(1) and 2(1). Freedom of public service employees to leave the service. In its previous comments, the Committee noted that under the Public Service Act, 1991, no provision regulates the right of public officers to leave the service, as well as the procedure for their resignation. It requested the Government to indicate the provisions governing the right of public officers to leave the service at their own request, as well as the procedure for their resignation.

The Committee notes the Government’s indication that the General Order of the Public Service Commission prescribes the procedures on how public officers can leave the service on their own, either by giving one month’s notice or one month’s salary in lieu of notice. The Committee takes note of section III (02301) of the General Order of 2013, under which an officer may resign his appointment at any time by giving one month’s notice in writing, or on payment of a month’s salary in lieu of notice. The Committee requests the Government to indicate whether a request for resignation made by a civil servant may be refused by the responsible organization and, if so, the grounds for refusal.

Article 2(2)(a). Use of services exacted under compulsory military service laws. In its previous comments, the Committee noted that, under article 187(1)(e) of the Constitution of the Republic of Gambia, one of the main functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of Gambia”. The Committee requested the Government to indicate whether military service is compulsory and, if so, to provide the relevant legislation.

The Committee notes the Government’s indication that military service is not compulsory in the country and as such there is no legislation.

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 2012.

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of public service employees to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions governing the right of public officers to leave the service at their own request, as well as the procedure for their resignation.

The Committee notes the Government’s indication that the work of public officers is regulated by contracts, which are signed, on behalf of the Government, by the Public Service Commission, and would state expressly the notice period required to leave the service and, implicitly, the right of civil servants to leave the service of the State. However, the Committee notes that under the Public Service Act, 1991, no provision seems to regulate the right of public officers to leave the service, as well as the procedure for their resignation. The Committee therefore requests the Government to indicate the provisions regulating the conditions under which the public officers can leave the service at their own request, as well as the procedure for their resignation. It also requests the Government to supply copies of regulations issued by the Public Service Commission in this regard.

Article 2(2)(a). Use of services exacted under compulsory military service laws. In its previous comments, the Committee noted that, under article 187(1)(e) of the Constitution of the Republic of Gambia, one of the main functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of Gambia”. The Committee recalled that compulsory military service is excluded from the scope of the Convention only if used “for work of a purely military character”, this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. In this regard, the Committee requests the Government to indicate whether military service is compulsory and, if so, to provide the relevant legislation.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that, under section 242 of the Criminal Code, a person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, in which case a punishment of imprisonment for a term not exceeding two years and/or a fine is applied, in accordance with section 34 (general punishment for misdemeanours). The Committee also noted the provisions of section 5 of the Forced Labour Act No. 8 of 1934, under which any chief or public officer who puts any constraint upon the population or any individual members thereof to work for any private individual, company or association, shall be guilty of an offence and shall be liable to a fine or to imprisonment for any term not exceeding six months, or to both such fine and imprisonment.

The Committee recalled that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced. It requested the Government to indicate the penalties imposed under section 242 of the Criminal Code.

The Committee notes the Government’s statement that the courts have in the past, as means of deterrence, imposed medium and lengthy custodial sentences for the violation of section 242 of the Criminal Code.

The Committee requests the Government to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

Trafficking in persons. Referring to its previous comments, the Committee notes the Government’s indication that the Trafficking in Persons Committee was established responsible for making policy and practical recommendations to the Government. The Government also states that an anti-human trafficking agency is also being set up, and it would be responsible for investigating, in consultation with the police, matters of trafficking in persons and providing evidence for prosecution. The agency would also be responsible for sensitizing the public to the risks of trafficking in persons and preventive measures to adopt. The Government further indicates that there is currently an ongoing case being prosecuted, involving trafficked children from Senegal to Gambia although no verdict has yet been reached. The Committee requests the Government to provide information on the activities of the anti-human trafficking agency. The Committee also requests the Government to provide a copy of the abovementioned court decision, once the verdict is reached, as well as any other relevant court decision, indicating the penalties imposed on perpetrators.

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 2012. 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

Articles 1(1) and 2(1) of the Convention. Freedom of public service employees to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions governing the right of public officers to leave the service at their own request, as well as the procedure for their resignation.

The Committee notes the Government’s indication that the work of public officers is regulated by contracts, which are signed, on behalf of the Government, by the Public Service Commission, and would state expressly the notice period required to leave the service and, implicitly, the right of civil servants to leave the service of the State. However, the Committee notes that under the Public Service Act, 1991, no provision seems to regulate the right of public officers to leave the service, as well as the procedure for their resignation. The Committee therefore requests the Government to indicate the provisions regulating the conditions under which the public officers can leave the service at their own request, as well as the procedure for their resignation. It also requests the Government to supply copies of regulations issued by the Public Service Commission in this regard.

Article 2(2)(a). Use of services exacted under compulsory military service laws. In its previous comments, the Committee noted that, under article 187(1)(e) of the Constitution of the Republic of Gambia, one of the main functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of Gambia”. The Committee recalled that compulsory military service is excluded from the scope of the Convention only if used “for work of a purely military character”, this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. In this regard, the Committee requests the Government to indicate whether military service is compulsory and, if so, to provide the relevant legislation.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that, under section 242 of the Criminal Code, a person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, in which case a punishment of imprisonment for a term not exceeding two years and/or a fine is applied, in accordance with section 34 (general punishment for misdemeanours). The Committee also noted the provisions of section 5 of the Forced Labour Act No. 8 of 1934, under which any chief or public officer who puts any constraint upon the population or any individual members thereof to work for any private individual, company or association, shall be guilty of an offence and shall be liable to a fine or to imprisonment for any term not exceeding six months, or to both such fine and imprisonment.

The Committee recalled that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced. It requested the Government to indicate the penalties imposed under section 242 of the Criminal Code.

The Committee notes the Government’s statement that the courts have in the past, as means of deterrence, imposed medium and lengthy custodial sentences for the violation of section 242 of the Criminal Code.

The Committee requests the Government to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

Trafficking in persons. Referring to its previous comments, the Committee notes the Government’s indication that the Trafficking in Persons Committee was established responsible for making policy and practical recommendations to the Government. The Government also states that an anti-human trafficking agency is also being set up, and it would be responsible for investigating, in consultation with the police, matters of trafficking in persons and providing evidence for prosecution. The agency would also be responsible for sensitizing the public to the risks of trafficking in persons and preventive measures to adopt. The Government further indicates that there is currently an ongoing case being prosecuted, involving trafficked children from Senegal to Gambia although no verdict has yet been reached.

The Committee requests the Government to provide information on the activities of the anti-human trafficking agency. The Committee also requests the Government to provide a copy of the abovementioned court decision, once the verdict is reached, as well as any other relevant court decision, indicating the penalties imposed on perpetrators.

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

Articles 1(1) and 2(1) of the Convention. Freedom of public service employees to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions governing the right of public officers to leave the service at their own request, as well as the procedure for their resignation.

The Committee notes the Government’s indication that the work of public officers is regulated by contracts, which are signed, on behalf of the Government, by the Public Service Commission, and would state expressly the notice period required to leave the service and, implicitly, the right of civil servants to leave the service of the State. However, the Committee notes that under the Public Service Act, 1991, no provision seems to regulate the right of public officers to leave the service, as well as the procedure for their resignation. The Committee therefore requests the Government to indicate the provisions regulating the conditions under which the public officers can leave the service at their own request, as well as the procedure for their resignation. It also requests the Government to supply copies of regulations issued by the Public Service Commission in this regard.

Article 2(2)(a). Use of services exacted under compulsory military service laws. In its previous comments, the Committee noted that, under article 187(1)(e) of the Constitution of the Republic of Gambia, one of the main functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of Gambia”. The Committee recalled that compulsory military service is excluded from the scope of the Convention only if used “for work of a purely military character”, this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. In this regard, the Committee requests the Government to indicate whether military service is compulsory and, if so, to provide the relevant legislation.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that under section 2(a) of the Forced Labour Act No. 8 of 1934, the term “forced or compulsory labour” does not include any work or service required from a person as a consequence of a conviction in a court of law, provided that such work or service is carried out under the supervision and control of a public authority and that the said person is not hired to, or placed at, the disposal of private individuals, companies or associations. The Committee requested the Government to supply copies of provisions regulating the work of convicted prisoners.

The Committee notes that under section 88 of the Prisons Rules Cap. 2:01, convicted prisoners, not sentenced to hard labour, may be employed in cleaning the yards, wards, passages or any part of the prison, or at their regular trades or occupations, but shall not be employed outside the precincts of the prison.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that, under section 242 of the Criminal Code, a person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, in which case a punishment of imprisonment for a term not exceeding two years and/or a fine is applied, in accordance with section 34 (general punishment for misdemeanours). The Committee also noted the provisions of section 5 of the Forced Labour Act No. 8 of 1934, under which any chief or public officer who puts any constraint upon the population or any individual members thereof to work for any private individual, company or association, shall be guilty of an offence and shall be liable to a fine or to imprisonment for any term not exceeding six months, or to both such fine and imprisonment.

The Committee recalled that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced. It requested the Government to indicate the penalties imposed under section 242 of the Criminal Code.

The Committee notes the Government’s statement that the courts have in the past, as means of deterrence, imposed medium and lengthy custodial sentences for the violation of section 242 of the Criminal Code.

The Committee requests the Government to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

Trafficking in persons. Referring to its previous comments, the Committee notes the Government’s indication that the Trafficking in Persons Committee was established responsible for making policy and practical recommendations to the Government. The Government also states that an anti-human trafficking agency is also being set up, and it would be responsible for investigating, in consultation with the police, matters of trafficking in persons and providing evidence for prosecution. The agency would also be responsible for sensitizing the public to the risks of trafficking in persons and preventive measures to adopt. The Government further indicates that there is currently an ongoing case being prosecuted, involving trafficked children from Senegal to Gambia although no verdict has yet been reached.

The Committee requests the Government to provide information on the activities of the anti-human trafficking agency. The Committee also requests the Government to provide a copy of the abovementioned court decision, once the verdict is reached, as well as any other relevant court decision, indicating the penalties imposed on perpetrators.

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

Articles 1(1) and 2(1) of the Convention. Freedom of public service employees to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions governing the right of public officers to leave the service at their own request, as well as the procedure for their resignation.

The Committee notes the Government’s indication that the work of public officers is regulated by contracts, which are signed, on behalf of the Government, by the Public Service Commission, and would state expressly the notice period required to leave the service and, implicitly, the right of civil servants to leave the service of the State. However, the Committee notes that under the Public Service Act, 1991, no provision seems to regulate the right of public officers to leave the service, as well as the procedure for their resignation. The Committee therefore requests the Government to indicate the provisions regulating the conditions under which the public officers can leave the service at their own request, as well as the procedure for their resignation. It also requests the Government to supply copies of regulations issued by the Public Service Commission in this regard.

Article 2(2)(a). Use of services exacted under compulsory military service laws. In its previous comments, the Committee noted that, under article 187(1)(e) of the Constitution of the Republic of Gambia, one of the main functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of Gambia”. The Committee recalled that compulsory military service is excluded from the scope of the Convention only if used “for work of a purely military character”, this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. In this regard, the Committee requests the Government to indicate whether military service is compulsory and, if so, to provide the relevant legislation.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that under section 2(a) of the Forced Labour Act No. 8 of 1934, the term “forced or compulsory labour” does not include any work or service required from a person as a consequence of a conviction in a court of law, provided that such work or service is carried out under the supervision and control of a public authority and that the said person is not hired to, or placed at, the disposal of private individuals, companies or associations. The Committee requested the Government to supply copies of provisions regulating the work of convicted prisoners.

The Committee notes that under section 88 of the Prisons Rules Cap.2:01, convicted prisoners, not sentenced to hard labour, may be employed in cleaning the yards, wards, passages or any part of the prison, or at their regular trades or occupations, but shall not be employed outside the precincts of the prison.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that, under section 242 of the Criminal Code, a person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, in which case a punishment of imprisonment for a term not exceeding two years and/or a fine is applied, in accordance with section 34 (general punishment for misdemeanours). The Committee also noted the provisions of section 5 of the Forced Labour Act No. 8 of 1934, under which any chief or public officer who puts any constraint upon the population or any individual members thereof to work for any private individual, company or association, shall be guilty of an offence and shall be liable to a fine or to imprisonment for any term not exceeding six months, or to both such fine and imprisonment.

The Committee recalled that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced. It requested the Government to indicate the penalties imposed under section 242 of the Criminal Code.

The Committee notes the Government’s statement that the courts have in the past, as means of deterrence, imposed medium and lengthy custodial sentences for the violation of section 242 of the Criminal Code.

The Committee requests the Government to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

Trafficking in persons. Referring to its previous comments, the Committee notes the Government’s indication that the Trafficking in Persons Committee was established responsible for making policy and practical recommendations to the Government. The Government also states that an anti-human trafficking agency is also being set up, and it would be responsible for investigating, in consultation with the police, matters of trafficking in persons and providing evidence for prosecution. The agency would also be responsible for sensitizing the public to the risks of trafficking in persons and preventive measures to adopt. The Government further indicates that there is currently an ongoing case being prosecuted, involving trafficked children from Senegal to Gambia although no verdict has yet been reached.

The Committee requests the Government to provide information on the activities of the anti-human trafficking agency. The Committee also requests the Government to provide a copy of the abovementioned court decision, once the verdict is reached, as well as any other relevant court decision, indicating the penalties imposed on perpetrators.

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public service employees to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions governing the right of public officers to leave the service at their own request, as well as the procedure for their resignation.

The Committee notes the Government’s indication that the work of public officers is regulated by contracts, which are signed, on behalf of the Government, by the Public Service Commission, and would state expressly the notice period required to leave the service and, implicitly, the right of civil servants to leave the service of the State. However, the Committee notes that under the Public Service Act, 1991, no provision seems to regulate the right of public officers to leave the service, as well as the procedure for their resignation. The Committee therefore requests the Government to indicate the provisions regulating the conditions under which the public officers can leave the service at their own request, as well as the procedure for their resignation. It also requests the Government to supply copies of regulations issued by the Public Service Commission in this regard.

2. Freedom of career members of the armed forces to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions regulating the right of members of the armed forces to leave the service, in times of peace, at their own request.

The Committee notes the Government’s indication that an individual serving in the military is under a fixed-term contract. He/she is free to either extend or leave the military at the end of the fixed term. However, when he/she no longer desires to serve within the fixed period, the individual is at liberty to leave, provided he/she has compelling reasons, such as poor health conditions. While noting these indications, the Committee requests the Government to supply a copy of the Armed Forces Act, indicating the duration of the fixed-term contract under which a career member of the armed forces serves.

Article 2(2)(a). Use of services exacted under compulsory military service laws. In its previous comments, the Committee noted that, under article 187(1)(e) of the Constitution of the Republic of Gambia, one of the main functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of Gambia”. The Committee recalled that compulsory military service is excluded from the scope of the Convention only if used “for work of a purely military character”, this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. In this regard, the Committee requests the Government to indicate whether military service is compulsory and, if so, to provide the relevant legislation.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that under section 2(a) of the Forced Labour Act No. 8 of 1934, the term “forced or compulsory labour” does not include any work or service required from a person as a consequence of a conviction in a court of law, provided that such work or service is carried out under the supervision and control of a public authority and that the said person is not hired to, or placed at, the disposal of private individuals, companies or associations. The Committee requested the Government to supply copies of provisions regulating the work of convicted prisoners.

The Committee notes that under section 88 of the Prisons Rules Cap.2:01, convicted prisoners, not sentenced to hard labour, may be employed in cleaning the yards, wards, passages or any part of the prison, or at their regular trades or occupations, but shall not be employed outside the precincts of the prison.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that, under section 242 of the Criminal Code, a person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, in which case a punishment of imprisonment for a term not exceeding two years and/or a fine is applied, in accordance with section 34 (general punishment for misdemeanours). The Committee also noted the provisions of section 5 of the Forced Labour Act No. 8 of 1934, under which any chief or public officer who puts any constraint upon the population or any individual members thereof to work for any private individual, company or association, shall be guilty of an offence and shall be liable to a fine or to imprisonment for any term not exceeding six months, or to both such fine and imprisonment.

The Committee recalled that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced. It requested the Government to indicate the penalties imposed under section 242 of the Criminal Code.

The Committee notes the Government’s statement that the courts have in the past, as means of deterrence, imposed medium and lengthy custodial sentences for the violation of section 242 of the Criminal Code.

The Committee requests the Government to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

Trafficking in persons. Referring to its previous comments, the Committee notes the Government’s indication that the Trafficking in Persons Committee was established responsible for making policy and practical recommendations to the Government. The Government also states that an anti-human trafficking agency is also being set up, and it would be responsible for investigating, in consultation with the police, matters of trafficking in persons and providing evidence for prosecution. The agency would also be responsible for sensitizing the public to the risks of trafficking in persons and preventive measures to adopt. The Government further indicates that there is currently an ongoing case being prosecuted, involving trafficked children from Senegal to Gambia although no verdict has yet been reached.

The Committee requests the Government to provide information on the activities of the anti-human trafficking agency. The Committee also requests the Government to provide a copy of the abovementioned court decision, once the verdict is reached, as well as any other relevant court decision, indicating the penalties imposed on perpetrators.

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public service employees to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions governing the right of public officers to leave the service at their own request, as well as the procedure for their resignation.

The Committee notes the Government’s indication that the work of public officers is regulated by contracts, which are signed, on behalf of the Government, by the Public Service Commission, and would state expressly the notice period required to leave the service and, implicitly, the right of civil servants to leave the service of the State. However, the Committee notes that under the Public Service Act, 1991, no provision seems to regulate the right of public officers to leave the service, as well as the procedure for their resignation. The Committee therefore requests the Government to indicate the provisions regulating the conditions under which the public officers can leave the service at their own request, as well as the procedure for their resignation. It also requests the Government to supply copies of regulations issued by the Public Service Commission in this regard.

2. Freedom of career members of the armed forces to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions regulating the right of members of the armed forces to leave the service, in times of peace, at their own request.

The Committee notes the Government’s indication that an individual serving in the military is under a fixed term contract. He/she is free to either extend or leave the military at the end of the fixed term. However, when he/she no longer desires to serve within the fixed period, the individual is at liberty to leave, provided he/she has compelling reasons, such as poor health conditions. While noting these indications, the Committee requests the Government to supply a copy of the Armed Forces Act, indicating the duration of the fixed-term contract under which a career member of the armed forces serves.

Article 2(2)(a). Use of services exacted under compulsory military service laws. In its previous comments, the Committee noted that, under article 187(1)(e) of the Constitution of the Republic of Gambia, one of the main functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of Gambia”. The Committee recalled that compulsory military service is excluded from the scope of the Convention only if used “for work of a purely military character”, this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. In this regard, the Committee requests the Government to indicate whether military service is compulsory and, if so, to provide the relevant legislation.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that under section 2(a) of the Forced Labour Act No. 8 of 1934, the term “forced or compulsory labour” does not include any work or service required from a person as a consequence of a conviction in a court of law, provided that such work or service is carried out under the supervision and control of a public authority and that the said person is not hired to, or placed at, the disposal of private individuals, companies or associations. The Committee requested the Government to supply copies of provisions regulating the work of convicted prisoners.

The Committee notes that under section 88 of the Prisons Rules Cap.2:01, convicted prisoners, not sentenced to hard labour, may be employed in cleaning the yards, wards, passages or any part of the prison, or at their regular trades or occupations, but shall not be employed outside the precincts of the prison.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that, under section 242 of the Criminal Code, a person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, in which case a punishment of imprisonment for a term not exceeding two years and/or a fine is applied, in accordance with section 34 (general punishment for misdemeanours). The Committee also noted the provisions of section 5 of the Forced Labour Act No. 8 of 1934, under which any chief or public officer who puts any constraint upon the population or any individual members thereof to work for any private individual, company or association, shall be guilty of an offence and shall be liable to a fine or to imprisonment for any term not exceeding six months, or to both such fine and imprisonment.

The Committee recalled that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced. It requested the Government to indicate the penalties imposed under section 242 of the Criminal Code.

The Committee notes the Government’s statement that the courts have in the past, as means of deterrence, imposed medium and lengthy custodial sentences for the violation of section 242 of the Criminal Code.

The Committee requests the Government to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

Trafficking in persons. Referring to its previous comments, the Committee notes the Government’s indication that the Trafficking in Persons Committee was established responsible for making policy and practical recommendations to the Government. The Government also states that an anti-human trafficking agency is also being set up, and it would be responsible for investigating, in consultation with the police, matters of trafficking in persons and providing evidence for prosecution. The agency would also be responsible for sensitizing the public to the risks of trafficking in persons and preventive measures to adopt. The Government further indicates that there is currently an ongoing case being prosecuted, involving trafficked children from Senegal to Gambia although no verdict has yet been reached.

The Committee requests the Government to provide information on the activities of the anti-human trafficking agency. The Committee also requests the Government to provide a copy of the abovementioned court decision, once the verdict is reached, as well as any other relevant court decision, indicating the penalties imposed on perpetrators.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public service employees to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions governing the right of public officers to leave the service at their own request, as well as the procedure for their resignation.

The Committee notes the Government’s indication that the work of public officers is regulated by contracts, which are signed, on behalf of the Government, by the Public Service Commission, and would state expressly the notice period required to leave the service and, implicitly, the right of civil servants to leave the service of the State. However, the Committee notes that under the Public Service Act, 1991, no provision seems to regulate the right of public officers to leave the service, as well as the procedure for their resignation.

The Committee therefore requests the Government to indicate the provisions regulating the conditions under which the public officers can leave the service at their own request, as well as the procedure for their resignation. It also requests the Government to supply copies of regulations issued by the Public Service Commission in this regard.

2. Freedom of career members of the armed forces to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions regulating the right of members of the armed forces to leave the service, in times of peace, at their own request.

The Committee notes the Government’s indication that an individual serving in the military is under a fixed term contract. He/she is free to either extend or leave the military at the end of the fixed term. However, when he/she no longer desires to serve within the fixed period, the individual is at liberty to leave, provided he/she has compelling reasons, such as poor health conditions.

While noting these indications, the Committee requests the Government to supply a copy of the Armed Forces Act, indicating the duration of the fixed-term contract under which a career member of the armed forces serves.

Article 2(2)(a). Use of services exacted under compulsory military service laws. In its previous comments, the Committee noted that, under article 187(1)(e) of the Constitution of the Republic of Gambia, one of the main functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of Gambia”. The Committee recalled that compulsory military service is excluded from the scope of the Convention only if used “for work of a purely military character”, this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. The Committee pointed out that the provision of article 187(1)(e) of the Constitution referred to above is thus incompatible both with Article 2(2)(a) of the present Convention and with Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by Gambia, which prohibits the use of forced or compulsory labour “as a method of mobilizing and using labour for purposes of economic development”.

The Committee notes the Government’s statement that necessary measures will be put in place in order to bring its legislation into conformity with the Convention.

The Committee expresses its firm hope that the necessary measures will be taken in order to bring the legislation into conformity both with the present Convention and Convention No. 105, so as to ensure that services exacted under compulsory military service laws are used for purely military ends, and that non-military tasks of the armed forces are restricted to emergencies or performed exclusively by volunteers or by career military servicemen serving on a voluntary basis.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that under section 2(a) of the Forced Labour Act No. 8 of 1934, the term “forced or compulsory labour” does not include any work or service required from a person as a consequence of a conviction in a court of law, provided that such work or service is carried out under the supervision and control of a public authority and that the said person is not hired to, or placed at, the disposal of private individuals, companies or associations. The Committee requested the Government to supply copies of provisions regulating the work of convicted prisoners.

The Committee notes that under section 88 of the Prisons Rules Cap.2:01, convicted prisoners, not sentenced to hard labour, may be employed in cleaning the yards, wards, passages or any part of the prison, or at their regular trades or occupations, but shall not be employed outside the precincts of the prison.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that, under section 242 of the Criminal Code, a person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, in which case a punishment of imprisonment for a term not exceeding two years and/or a fine is applied, in accordance with section 34 (general punishment for misdemeanours). The Committee also noted the provisions of section 5 of the Forced Labour Act No. 8 of 1934, under which any chief or public officer who puts any constraint upon the population or any individual members thereof to work for any private individual, company or association, shall be guilty of an offence and shall be liable to a fine or to imprisonment for any term not exceeding six months, or to both such fine and imprisonment.

The Committee recalled that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced. It requested the Government to indicate the penalties imposed under section 242 of the Criminal Code.

The Committee notes the Government’s statement that the courts have in the past, as means of deterrence, imposed medium and lengthy custodial sentences for the violation of section 242 of the Criminal Code.

The Committee requests the Government to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

Trafficking in persons. Referring to its previous comments, the Committee notes the Government’s indication that the Trafficking in Persons Committee was established responsible for making policy and practical recommendations to the Government. The Government also states that an anti-human trafficking agency is also being set up, and it would be responsible for investigating, in consultation with the police, matters of trafficking in persons and providing evidence for prosecution. The agency would also be responsible for sensitizing the public to the risks of trafficking in persons and preventive measures to adopt. The Government further indicates that there is currently an ongoing case being prosecuted, involving trafficked children from Senegal to Gambia although no verdict has yet been reached.

The Committee requests the Government to provide information on the activities of the anti-human trafficking agency. The Committee also requests the Government to provide a copy of the abovementioned court decision, once the verdict is reached, as well as any other relevant court decision, indicating the penalties imposed on perpetrators.

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

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:

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of the latest updated and consolidated text of the Criminal Code (Cap. 10 of the Laws of The Gambia), as well as copies of the prison rules and any other provisions governing the execution of penal sentences of imprisonment. Please also communicate copies of laws governing compulsory service in the armed forces and any provisions governing labour relations in the public service.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public service employees to leave the service. Please indicate any provisions (e.g. general orders or regulations issued by the Public Service Commission) governing the right of public service employees to leave the service at their own request, as well as the procedure for their resignation.

2. Freedom of career members of the armed forces to leave the service. Please indicate any provisions (e.g. regulations made by the Armed Forces Council) applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee notes that, under section 187(1)(e) of the Constitution of the Republic of The Gambia, one of the principal functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of The Gambia”. The Committee recalls that compulsory military service is excluded from the scope of the Convention only if used “for work of a purely military character”, this condition being aiming specifically at preventing the call-up of conscripts for public works or development purposes. The provision of section 187(1)(e) of the Constitution referred to above is thus incompatible both with Article 2(2)(a) of the present Convention and with Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by The Gambia, which prohibits the use of forced or compulsory labour “as a method of mobilizing and using labour for purposes of economic development”.

The Committee therefore hopes that the necessary measures will be taken in order to bring the legislation into conformity both with the present Convention and Convention No. 105, so as to ensure that services exacted under compulsory military service laws are used for purely military ends, and that non-military tasks of the armed forces are restricted to emergencies or performed exclusively by volunteers or by career military servicemen serving on a voluntary basis.

Article 2(2)(c). Prison labour. The Committee notes the provisions of the Forced Labour Act (No. 8 of 1934, Cap. 56:03 of the Laws of The Gambia), under which the term “forced or compulsory labour” does not include any work or service required from any person as a consequence of a conviction in a court of law, provided that such work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations (section 2(a)). Please supply copies of provisions (e.g. prison rules or regulations) governing the work of persons serving a sentence of imprisonment.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee notes the provisions of section 5 of the Forced Labour Act No. 8 of 1934 referred to above, under which any chief or public officer who puts constraint upon the population or any individual members thereof to work for any private individual, company or association, shall be guilty of an offence and shall be liable to penal sanctions of imprisonment and fines. The Committee hopes that measures will be taken in order to provide for similar sanctions for any imposition by public officers of forced labour as defined in section 2 of the Act, also if imposed for the benefit of a public entity, so as to bring legislation into compliance with the Convention on this point.

The Committee notes the Criminal Code provisions punishing slavery and related offences (sections 240 and 241), as well as unlawful exaction of compulsory labour (section 242). It notes that, by virtue of section 242, a person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, in which case a punishment of imprisonment for a term not exceeding two years and/or a fine is applied, in accordance with section 34 (general punishment for misdemeanours). Recalling that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee requests the Government to provide information on the penalties imposed under section 242 of the Criminal Code, supplying sample copies of the relevant court decisions, so as to enable the Committee to assess its compliance with the Convention.

Trafficking in persons. The Committee notes the adoption of the Trafficking in Persons Act, 2007, which prohibits and criminalizes human trafficking. It requests the Government to provide information on measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of the relevant documents (such as, for example, a national anti-trafficking action plan) and available statistics. In particular, please provide information on any penal proceedings which have been instituted under the 2007 Act, indicating the penalties imposed on perpetrators.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points.

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of the latest updated and consolidated text of the Criminal Code (Cap. 10 of the Laws of The Gambia), as well as copies of the prison rules and any other provisions governing the execution of penal sentences of imprisonment. Please also communicate copies of laws governing compulsory service in the armed forces and any provisions governing labour relations in the public service.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 
1. Freedom of public service employees to leave the service. Please indicate any provisions (e.g. general orders or regulations issued by the Public Service Commission) governing the right of public service employees to leave the service at their own request, as well as the procedure for their resignation.

2. Freedom of career members of the armed forces to leave the service. Please indicate any provisions (e.g. regulations made by the Armed Forces Council) applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2, paragraph 2, subparagraph (a). Use of services exacted under compulsory military service laws. The Committee notes that, under section 187(1)(e) of the Constitution of the Republic of The Gambia, one of the principal functions of the armed forces is “to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of The Gambia”. The Committee recalls that compulsory military service is excluded from the scope of the Convention only if used “for work of a purely military character”, this condition being aiming specifically at preventing the call-up of conscripts for public works or development purposes. The provision of section 187(1)(e) of the Constitution referred to above is thus incompatible both with Article 2(2)(a) of the present Convention and with Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by The Gambia, which prohibits the use of forced or compulsory labour “as a method of mobilizing and using labour for purposes of economic development”.

The Committee therefore hopes that the necessary measures will be taken in order to bring the legislation into conformity both with the present Convention and Convention No. 105, so as to ensure that services exacted under compulsory military service laws are used for purely military ends, and that non-military tasks of the armed forces are restricted to emergencies or performed exclusively by volunteers or by career military servicemen serving on a voluntary basis.

Article 2, paragraph 2, subparagraph (c). Prison labour. The Committee notes the provisions of the Forced Labour Act (No. 8 of 1934, Cap. 56:03 of the Laws of The Gambia), under which the term “forced or compulsory labour” does not include any work or service required from any person as a consequence of a conviction in a court of law, provided that such work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations (section 2(a)). Please supply copies of provisions (e.g. prison rules or regulations) governing the work of persons serving a sentence of imprisonment.

Article 25. Penalties for the illegal exaction of forced or compulsory labour 1. The Committee notes the provisions of section 5 of the Forced Labour Act No. 8 of 1934 referred to above, under which any chief or public officer who puts constraint upon the population or any individual members thereof to work for any private individual, company or association, shall be guilty of an offence and shall be liable to penal sanctions of imprisonment and fines. The Committee hopes that measures will be taken in order to provide for similar sanctions for any imposition by public officers of forced labour as defined in section 2 of the Act, also if imposed for the benefit of a public entity, so as to bring legislation into compliance with the Convention on this point.

2. The Committee notes the Criminal Code provisions punishing slavery and related offences (sections 240 and 241), as well as unlawful exaction of compulsory labour (section 242). It notes that, by virtue of section 242, a person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, in which case a punishment of imprisonment for a term not exceeding two years and/or a fine is applied, in accordance with section 34 (general punishment for misdemeanours). Recalling that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee requests the Government to provide information on the penalties imposed under section 242 of the Criminal Code, supplying sample copies of the relevant court decisions, so as to enable the Committee to assess its compliance with the Convention.

3. Trafficking in persons. The Committee notes the adoption of the Trafficking in Persons Act, 2007, which prohibits and criminalizes human trafficking. It requests the Government to provide information on measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of the relevant documents (such as, for example, a national anti-trafficking action plan) and available statistics. In particular, please provide information on any penal proceedings which have been instituted under the 2007 Act, indicating the penalties imposed on perpetrators.