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Comments adopted by the CEACR: Gambia

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 2 of the Convention. Minimum membership requirement. In its previous comments, the Committee had noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)). It had further noted that the Government was proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers and therefore requested it to provide information on any developments in this respect. The Committee notes with  regret  that the Government reiterates that it does not intend to reduce this threshold, since during a workshop on the draft Labour Bill, consensus would have been reached among the tripartite constituents to keep the minimum membership requirement to register a trade union at enterprise level at 50.  Recalling that a minimum membership requirement of 50 workers may hinder the establishment of organizations, especially in small enterprises, the Committee once again requests the Government to consider reviewing section 96(4)(a) of the Labour Act so as to lower the minimum membership requirement, in particular for the establishment of unions at the enterprise level.
Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee had noted that the Labour Act of 2007 did not reflect the Committee’s concerns: (i) with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)); and (ii) that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). The Committee had also noted with regret that the Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). It further noted the Government’s indication that following a recent seminar, efforts were on the way to amend some areas, including section 104(1)(b) of the Labour Act. The Committee takes note of the Government’s indication that given that the Labour Act is still under review, stakeholders, including trade unions, could consider this matter. The Government also indicates that the draft Trade Union Bill has taken into account all the aforementioned issues. The Committee requests the Government to provide further information on the way in which these issues have been taken into consideration in the draft Trade Union Bill and to provide specific information on any developments to amend sections 104(1)(b), 104(2)(b) and 104(7)(c) of the Labour Act so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances; that the substance and procedure of such verifications is subject to judicial review; and that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.
In its previous comments, the Committee had noted that section 140(1) of the Labour Act defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee recalled that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other public services which are of fundamental importance rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraph 131), and the Committee had therefore requested the Government to indicate the measures taken or envisaged in this regard. The Committee had previously noted with concern the Government’s statement that the definition of essential services remained the same and that there was no prescribed procedure designating a particular service as essential, while indicating that the Labour Act had already been reviewed and was being finalized by the Ministry of Justice. The Committee notes that in its supplementary report the Government indicates that, in its view, radio services are essential because they allow access to timely information, which could be lifesaving, particularly during the current pandemic, in which people living in rural areas rely on information broadcast on the radio for following the safety precautions set by the Ministry of Health. While acknowledging the Government’s concerns, the Committee recalls that, rather than imposing an outright ban on strikes, concerns to ensure that such basic informational needs are met can be addressed through a system of minimum services (see the 2012 General Survey on the fundamental Conventions, paragraph 136). The Committee therefore reiterates its request to review the list of essential services in light of the foregoing, as part of the ongoing review of the Labour Act and firmly hopes that the Government will make every effort to take the necessary action in the near future.
The Committee expects that, in the context of finalizing the review of the Labour Act of 2007, the Government will take the necessary measures to bring the legislation into conformity with the Convention in line with the preceding comments, and requests it to provide information on any developments, including a copy of the revised Labour Act and the Trade Union Act once adopted.

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Trade union rights and civil liberties. In its previous comments, the Committee had requested the Government to provide comments on the observations of the International Trade Union Confederation received on 1 September 2017, which contained allegations of arbitrary arrests of several leaders of the Gambian National Transport Control Association (GNTCA), the death of Mr Sheriff Diba, one of the arrested leaders, while in detention, and the ban imposed on the activities of the GNTCA. The Committee had regretted that the Government had not provided any concrete information on these grave allegations and their investigation and only indicated that the case involving the leaders of the said Association had been discontinued before the High Court of The Gambia and that the parties had been discharged. The Committee recalled the need to make every effort to investigate the alleged grave violations of trade union rights, with a view to apportioning responsibility and punishing the perpetrators. The Committee takes note of the Government’s indication that an investigation into the facts surrounding the death of Mr Sheriff Diba could be conducted by the Truth, Reconciliation and Reparation Commission (TRRC), an independent institution mandated to conduct research and investigations into human rights violations committed between July 1994 and January 2017 by the former regime. The Government further indicates that the GNTCA's matter was discharged by the High Court and that it is the responsibility of the GNTCA to re-engage the Government to review their case for consideration. The Committee expresses its firm hope that the death of Mr Diba as well as the alleged arbitrary arrests of several leaders of the GNTCA will be duly investigated by the TRRC without delay and requests the Government to provide updated information in this respect. It requests the Government to ensure that the GNTCA is informed about the necessary procedures to obtain a review of its case and also requests that the Government provide a copy of the mentioned High Court order.
Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee had noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). The Committee had also noted the Government’s statement that the Labour Act was in the process of being reviewed to allow these categories of workers to enjoy the rights established by the Convention. The Committee takes note of the Government’s indication that the review of the Labour Act is still ongoing, and its further indication that separate statutes and regulations cover civil servants and prison officers, and that new regulations could cover domestic workers. Recalling the need to take all necessary measures to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing, the Committee requests the Government to provide detailed information on any developments in this respect, including any revisions in the Labour Bill to extend the right to these three groups, and the specific terms of any other laws or regulations that ensure the right is accorded to each of the three groups.
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.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Scope of the Convention. Civil servants not engaged in the administration of the State, prison officers and domestic workers. For a number of years, the Committee has been requesting the Government to indicate if the excluded employees under section 3(2) of the Labour Act (prison officers, domestic workers and civil servants not engaged in the administration of the State) were afforded the right to collective bargaining as well as adequate protection against acts of anti-union discrimination and interference. The Committee recalls that the Government had previously indicated that while the excluded employees under section 3(2) of the Labour Act 2007 are not afforded the right to collective bargaining, they are accorded equal rights under the General Order (GO), Public Service Commission Regulations and the Terms and Conditions of Service for Men and Officers in the Military. The Government had also indicated that it aimed to adopt a new Trade Union Bill 2019 in which the exclusion of these categories of workers may be reviewed to take into consideration Articles 1 and 2 of the Convention. The Committee notes that the Government has not provided information on any developments regarding the adoption of the Trade Union Bill. Recalling that, according to Articles 5 and 6, only members of the armed forces and the police, as well as public servants engaged in the administration of the State may be excluded from the guarantees set out in the Convention, the Committee requests the Government to provide information regarding the adoption of the Trade Union Bill and firmly expects that the rights afforded by the Convention will be ensured for prison officers, domestic workers and civil servants not engaged in the administration of the State.
Article 4. Measures to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or their organizations and workers’ organizations. In its previous comments, the Committee had noted that according to section 130 of the Labour Act, in order to be recognized as a sole bargaining agent, a trade union should represent a certain percentage of employees under a contract of service (30 per cent in the case of a single union and at least 45 per cent if the establishment in question employs at least 100 people; in this case, the bargaining agent could be composed of two or more trade unions). The Committee recalled that if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions should be able to negotiate, jointly or separately, at least on behalf of their own members. Having noted that section 131 of the Act provides that an employer may, if he or she wishes, organize a secret ballot to establish a sole bargaining agent, the Committee recalled that the determination of the representative status of organizations for the purposes of bargaining should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties (see the 2012 General Survey on the fundamental Conventions, paragraph 228). On this basis, in its previous comments, the Committee underlined that the organization of a ballot for determining representativeness should be carried out by the authorities or an independent party upon a request presented by a union. The Committee therefore requested the Government to provide information on any developments in bringing the legislation into conformity with the Convention. The Committee takes note of the Government’s indication that the review of the Labour Act is still ongoing and that this matter would be put before the stakeholders for consideration to be incorporated in the new Bill. Welcoming the Government’s indication, the Committee requests the Government to provide information on the progress achieved in this respect.
Promotion of collective bargaining in practice. While taking note of the information provided by the Government on two company-level collective agreements concluded in the private sector in 2014 and 2017, the Committee requests the Government to inform on the measures taken to promote collective bargaining in all sectors covered by the Convention and to provide information on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. In its previous comment, the Committee requested the Government to: (1) take measures to include provisions in the legislation giving full effect to the principle of the Convention; and (2) provide information on the decision of the Attorney-General’s Chambers on the question of whether section 33(2) of the Constitution, which prohibits discriminatory laws in general, can be considered as setting out the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee notes the Government’s indication in its report that the Labour Act of 2007 is under revision and that it is currently being examined by the Ministry of Justice and that the draft Constitution of 2020 does not set out the principle of equal remuneration for men and women for work of equal value, but only the principle of just remuneration in Article 60(a). In this regard, the Committee notes that in September 2020 the Parliament rejected the new draft Constitution. The Committee requests the Government to take the opportunity of the current review of the Labour Act of 2007 to set forth the principle of equal remuneration for men and women workers for work of equal value and to provide information on any progress in this respect.
Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. In its previous comment, the Committee requested the Government to indicate any measures taken to promote the application of the principle of the Convention through collective bargaining and the manner in which it cooperates with the social partners with a view to giving effect to the Convention. The Committee notes the Government’s indication that agreements between the parties are normally forwarded to the Commissioner of Labour for enforcement provided that their conditions are not less favourable than those of the Labour Act. It also notes the establishment of five Joint Industrial Councils which determine minimum terms and conditions of employment and minimum wages by trade. The Committee requests the Government to provide information on: (i) the manner in which it promotes the principle of the Convention among the social partners; and (ii) the means by which it is ensured that the remuneration rates set by Joint Industrial Councils are determined without either direct or indirect discrimination on the basis of gender. The Committee also requests the Government to provide copies of collective agreements containing clauses on equal remuneration for men and women workers for work of equal value.
Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to: (1) provide information on the specific measures adopted by the National Training Authority, in collaboration with the Labour Advisory Board, for the objective evaluation of jobs held by men and women, and to specify the evaluation methods and the criteria envisaged or used for this purpose; and (2) provide information on the evaluation of jobs in the public service. The Committee notes the information provided by the Government to the effect that: (1) the National Accreditation and Quality Assurance Agency (NAQAA) has replaced the National Training Authority in the private sector and parastatal enterprises; and (2) the interim report on the implementation of the job evaluation exercise in the public sector is awaiting publication. The Committee once again requests the Government to provide information on the specific measures taken by the NAQAA, in collaboration with the Labour Advisory Board, to undertake an objective evaluation of jobs performed by men and women, with an indication of the evaluation method and the criteria envisaged or used for this purpose. The Committee also requests the Government to provide a copy of the interim report on the implementation of the job evaluation exercise in the public sector.
Enforcement. The Committee previously requested the Government to: (1) provide information on any cases relating to the principle of equal remuneration for work of equal value or wage discrimination that come before the courts; and (2) take measures to collect and disseminate court and labour tribunal rulings on equal remuneration and wage discrimination as an important means of improving awareness of existing laws and procedures and assessing their effectiveness. The Committee notes the Government’s indication that no cases of discrimination relating to equal remuneration for men and women for jobs of equal value have come before the courts. However, it notes that, according to the Global Gender Gap Report 2020 of the World Economic Forum, the wage gap between men and women in Gambia is 65 per cent. In this regard, the Committee wishes to recall that, where no cases or complaints of discrimination, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (2012 General Survey on the fundamental Conventions, paragraph 870). The Committee therefore invites the Government to raise awareness of the relevant legislation and the concept of equal value set out in the Convention, reinforce the resources available to the competent authorities, including magistrates, labour inspectors and other public service officials, to identify and address cases of discrimination and inequality of remuneration, and to ensure that the provisions that are in force, both respecting the substance and procedures, in practice provide complainants with every opportunity to assert their rights. The Committee also requests the Government to indicate the measures adopted to promote the principle of job evaluation, without which it is difficult to determine the relative value of jobs.
Statistics. The Committee recalls that, in its previous comment, it requested the Government to take measures to collect and analyse statistical data on the distribution of women and men in all the various economic sectors and occupations and their earnings, in the public and private sectors, and to provide information in this regard. The Committee notes the information contained in the 2018 survey of the active population and refers in this respect to its comment on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In order to permit an adequate evaluation of the nature, extent and causes of the gender pay gap and the progress achieved in implementing the principle of the Convention over the years, the Committee invites the Government to refer to its general observation published in 1999, which sets out the type of statistical data, disaggregated by gender, that it wishes to receive, including: (i) the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and (ii) statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked), and hours of work (defined as hours actually worked and paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above). The Committee requests the Government to provide the statistical data referred to above and, in the meantime, all data disaggregated by gender currently available in this regard, while continuing to work towards the compilation of the statistical information set out above.

C111 - 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.

Adopted by the CEACR in 2019

C029 - 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.

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code, which provide for sanctions of imprisonment (involving an obligation to perform labour by virtue of section 29(1) of the Criminal Code in circumstances covered by the Convention:
– section 48(1) and (2) (possession, importation, publishing, selling, distribution or reproduction of prohibited publications);
  • -section 52(1) and (2), as amended by Act No. 3 of 2005 (uttering any seditious words; printing, publishing, selling, distribution or reproduction of seditious publication; possession or importation of seditious publication); and
  • -section 59(1) (publishing or reproduction of false statements, rumours or reports which are likely to cause fear or alarm to the public or to disturb the public peace).
The Committee requested the Government to provide information on the application in practice of the above-mentioned sections of the Criminal Code.
The Committee notes an absence of information in the Government’s report. The Committee once again requests the Government to provide information, in its next report, on the application of sections 48(1)and (2), 52(1) and (2), and 59(1) of the Criminal Code in practice, supplying copies of the court decisions defining or illustrating their scope.
Article 1(c). Punishment for breaches of labour discipline in the public service. The Committee previously noted that under section 113 of the Criminal Code (neglect of official duty), public servants who willfully neglect to perform their duty are guilty of a misdemeanour, in which case a punishment of imprisonment (which may involve an obligation to perform labour) for a term not exceeding two years may be applied, in accordance with section 34 (general punishment for misdemeanours). The Committee requested the Government to provide information on the application in practice of section 113.
The Committee notes an absence of information in the Government’s report on this point. The Committee therefore once again requests the Government to provide information on the application in practice of section 131 of the Labour Code in order to ascertain that it is not used as a means of labour discipline within the meaning of the Convention.
Article 1(d). Punishment for having participated in strikes. The Committee previously noted that, under section 139(1) of the Labour Act, 2007, certain industrial actions which are conducted in breach of procedure are deemed improper and may be prohibited by order of the High Court. It requested the Government to indicate the sanctions imposed in breach of this section. The Committee notes the Government’s indication that participation in industrial actions under section 139(1) is not criminalized. It is a civil relief that can be obtained before the High Court and it may issue injunctions.
Communication of texts. The Committee once again requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.

C138 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee previously requested the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour. The Committee notes the Government’s indication in its report that, since 2010, significant progress was made in expanding access to lower basic education (age group 7–12 years) and a new Education Sector Policy (2016–2030) was adopted. The Government also indicates that the analysis of the Labour Force Survey 2018 shows that 58 per cent of working children had a primary level of education, while 30 per cent had no schooling. Increasing enrolment will continue to depend on attracting children from the lower income groups, for whom the cost of education to households is seen as a barrier to attending school. The Committee notes that a draft national Child Protection Strategy (2016–2020) was developed and that the Gambia National Development Plan (2018–2021) adopted by the Government foresees the existence of a child labour policy. It further notes that the Decent Work Country Programme (DWCP) 2018–21 includes a specific outcome on the progressive elimination of child labour, notably through the development and implementation of all child labour related policies, increased awareness campaigns, collection and analysis of data on the subject, promotion of basic education and skills development training programmes for children working in the informal sector. The Committee requests the Government to provide information on the actions undertaken and the results achieved to ensure the progressive elimination of child labour both in the formal and the informal economy within the framework of the implementation of the above-mentioned policies and the DWCP. It further requests the Government to continue to provide information on the practical application of the Convention, particularly statistical data on the situation of working children in Gambia, disaggregated by gender and age group on the nature, extent and trends of the labour of children and young persons working below the minimum age. Lastly, the Committee requests the Government to provide information on any progress made regarding the adoption of a Child Labour Policy, and to provide a copy thereof once adopted.
Article 2(3). Compulsory education. With regard to its request to the Government concerning the measures taken to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children from being engaged in child labour, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182). Concerning the duration of compulsory education, the Committee notes with regret the absence of information on this issue in the Government’s report. Recalling the Government had previously indicated that there is no age of completion of compulsory education, but that the duration of compulsory education is nine years, the Committee once again requests the Government to indicate the legal provisions which provide for compulsory education for a period of nine years, and to provide a copy thereof.
Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect of this excluded category. The Committee notes with regret the absence of information on this issue in the Government’s report. The Committee notes the information provided by the Government in its report submitted to the UN Human Rights Council in July 2019, according to which a legislative reform process is being implemented to review the laws in line with international best practices and obligations, in particular, the Children’s Act and the Labour Act (A/HRC/WG.6/34/GMB/1, paragraphs 34 and 35). The Committee requests the Government to provide information on the outcome of consultations with the employers’ and workers’ organizations regarding this issue and on any changes in law and practice in respect of this excluded category.
Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention and asked the Government to indicate the progress made towards a wider application of the provisions of the Convention. The Committee notes with regret the absence of information on this issue in the Government’s report. The Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.
The Committee encourages the Government to take into consideration, during the review of the Labour Act 2007 and of the Children’s Act 2005, the Committee’s comments and asks the Government to provide any information on progress made in this regard.

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that the Labour Code does not indicate a minimum age for apprenticeship, while sections 50 and 51 of the Children’s Act establish that the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9, and requested the Government to indicate and to provide a copy of the legal provisions that establish such minimum age. It also requested the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector. Noting that the Government does not provide the requested information, the Committee recalls that apprenticeships must be regulated by law, and that the law must be applied effectively in practice. Moreover, the minimum age for admission to apprenticeship must be applied in all circumstances and sectors, including in the informal economy (see General Survey on the fundamental Conventions, 2012, paragraph 387). The Committee therefore requests the Government to take the necessary measures to establish a minimum age for admission to apprenticeships of at least 14 years, including in the informal sector in conformity with the Convention. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector. The Committee requests the Government to provide information on progress made in this regard.
Article 7. Light work. In its previous comments, the Committee requested the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work activities performed by children over 12 years of age. The Committee notes the information provided by the Government in its report submitted to the Human Rights Council in July 2019, that children between the age of 12 and 16 are allowed to engage in light work during the daytime, which is defined by the Children’s Act 2005 as work which “is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or capacity of the child to benefit from school work”. (A/HRC/WG.6/34/GMB/1, paragraph 108). The Committee requests the Government to take the necessary measures to regulate and determine the types of activities, the number of hours and the conditions in which light work may be undertaken by children, as required under Article 7, and to transmit a copy of such legislation once adopted.
Article 9(1). Penalties and labour inspectorate. The Committee previously requested the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act, including the number and kinds of penalties imposed, as well as to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons. The Government indicates in its report that there are no reported cases of child exploitation, no cases of child labour in the formal sector or registered with the Department of Labour and that child labour in the informal sector can be addressed jointly with the Department of Social Welfare, the Ministry of Basic and Secondary Education and local authorities. The Committee notes, however, the information provided by the Government in its report submitted to the United Nations Human Rights Council in July 2019, according to which the enforcement of the law remains a challenge due to several factors, including economic, social and cultural practices and poverty [A/HRC/WG.6/34/GMB/1, para. 110]. The Committee underlines the key role the labour inspectorate plays in implementing the Convention as a public authority which monitors compliance with child labour-related provisions in each country. Weak labour inspection machinery not only reduces the likelihood of the detection of violations related to child labour, but also hinders the appropriate punishment of those responsible (see General Survey, 2012, paragraph 401). Recalling that child labour in the informal economy can also be addressed through monitoring mechanisms, including through labour inspection, the Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services and to ensure that labour inspectors have received adequate training on child labour issues in order to improve their capacity to detect cases of child labour. The Committee also requests the Government to continue to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act, on the number and nature of violations recorded by labour inspectors in the course of their work involving children working below the minimum age for admission to employment, including those who are working on their own account or in the informal sector, and on the number and kinds of penalties imposed.
The Committee encourages the Government to take into consideration, during the review of the Labour Act 2007 and of the Children’s Act 2005, the Committee’s comments on discrepancies between national legislation and the Convention, and asks the Government to provide any information on progress made in this regard. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (c). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Government indicates in its report under the Minimum Age Convention, 1973 (No. 138) that it is committed to upholding the right of every person to basic education, regardless of gender, age, religion or disability. Accordingly, basic education will be open to all. Education at this level will be geared towards the holistic development of the individual for the positive realization of every person’s full potential and aspirations. The Education Sector Policy 2016–2030 is the first sector-wide policy written after the repositioning of the former Ministry of Education to focus on Basic and Secondary Education. Some of the initiatives to encourage school enrolment and reduce child labour include the establishment of new schools, construction of additional classrooms and the improvement, rehabilitation and maintenance of existing facilities. The Committee notes also the information provided by the Government in its report submitted to the United Nations Human Rights Council in July 2019, according to which the School Improvement Grant (SIG) has been a positive stride towards the progressive introduction of free education. The SIG covers the cost of stationary, books and school uniforms for children from lower basic, upper basic and senior secondary education levels. The SIG is coupled with the bursary scheme for girls that also provides for uniforms and stationary especially for girls in the rural area. In addition, the Results for Education Achievement and Development (READ) Project supported by the World Bank through the Ministry of Basic and Secondary Education provides free textbooks for both boys and girls in schools. A Conditional Cash Transfer Scheme has also been introduced to provide another form of education with minimum curriculum standards to children and youth who attend non-conventional Islamic schools. The Scheme has been introduced in 17 centres countrywide and aims to provide functional literacy and numeracy coupled with life and livelihood skills. These funds are supplemented by regional initiatives and incentives of various types, including special scholarship packages that cover a wide range of costs from fees, uniforms, and books to mentoring. The Government also engages in public sensitization programmes to encourage parents to make educating their female children, in addition to the male, a priority [A/HRC/WG.6/34/GMB/1, paras 127, 128 and 135]. The Committee further notes that, according to the Education Sector Policy 2016–2030, increased public expenditure on education has led to expanding access and enrolment at all levels of the formal education system, with girls representing over 50 per cent of enrolments in both lower and upper basic education. Policy objectives include increasing the basic education gross enrolment rates and the completion rates in basic education to 100 per cent by 2030, so that every child will have a minimum school career of nine uninterrupted years. However, the Committee notes that, as mentioned in such Policy, in addition to attracting children to school, greater efficiency continues to be required in order to retain a larger proportion of children in basic education. Even though repetition rates have dropped significantly, 26 per cent of 12 year old girls and 27 per cent of 12-year-old boys do not complete grade 6. Out of those who started grade 1 in 2015, 54 per cent are expected to reach grade 6 and only 43 per cent to reach grade 9. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to ensure access to free basic education to all children and to improve the functioning of the education system through measures aimed at increasing the school enrolment and attendance rates and reducing the drop-out rates of both boys and girls at the primary and secondary levels. It requests the Government to continue to provide information on the measures taken or envisaged in this regard, as well as on the results achieved.
Clause (b). Provide for the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously requested the Government to provide information on the implementation of the National Plan of Action to Combat Sexual Exploitation of Children (NPA-CSEC-II), as well as on the number of children prevented from engaging in or removed from that worst forms of child labour and the number of child victims of commercial sexual exploitation who have benefited from the rehabilitation and reintegration programmes of the Department of Social Welfare (DOSW).
The Committee notes the Government’s indication in its report that a series of meetings and sensitizations have been carried out at national, regional and local level, but no data is available. The Committee notes also the information provided by the Government in its combined report on the African Charter on Human and Peoples’ Rights for the period 1994 and 2018, of August 2018, that in its efforts to effectively combat child sexual abuse and exploitation, the DOSW reviewed and updated its National Plan of Action Against the Sexual Abuse and Exploitation of Children 2011–2015 in order to strengthen the protective environment for children. The Child Protection Alliance, a child rights coalition in the Gambia, in partnership with the Gambia Tourism Board, has from 2010 to date, sensitized 151 stakeholders (taxi drivers, hotel workers, tourist guides, personnel of the Tourism Security Unit, small-scale entrepreneurs) in the tourism industry on the Code of Conduct of the Gambia Tourism Board for the Protection of Children, the Tourism Offences Act 2003 and the Sexual Offences Act, to ensure greater protection of children from sexual exploitation in tourism. The Gambia Tourism Board, in collaboration with the Child Protection Alliance, launched an electronic signboard with messages on the Gambia’s stance against child sex tourism at the arrival lounge of the Banjul International Airport. The Committee notes, however, that the Gambia’s National Human Rights Commission, in its submission to the Universal Periodic Review, indicates that the Gambia remained a source and destination country for the trafficking of children for sexual purposes [A/HRC/WG.6/34/GMB/3, para. 43]. The Committee therefore urges the Government to strengthen its efforts to ensure that child victims of commercial sexual exploitation and trafficking for that purpose are removed from these worst forms of child labour, rehabilitated and socially integrated. The Committee further requests the Government to provide information on the impact of the measures taken by the relevant governmental agencies, notably under the revised National Plan of Action to Combat Sexual Exploitation of Children, in preventing and combating the commercial sexual exploitation of children and trafficking of children for that purpose.
Clause (d). Identify and reach out to children at special risk. HIV and AIDS orphans and other vulnerable children (OVC). The Committee notes that the National Strategic Plan for HIV and AIDS (2015–2019) aims to increase the percentage of orphans and vulnerable children under 18 years receiving educational and nutritional support from 57 per cent in 2013 to 80 per cent by 2019. A Steering Committee has been established to coordinate the support to OVC. The Committee also notes that the Government adopted a National Social Protection Policy (2015–2025) which foresees the implementation of measures needed to address the specific socio-economic vulnerabilities faced by children affected by HIV and AIDS. According to such policy, due to the impact of HIV and AIDS, the Gambia is home to many orphans and vulnerable children, including children living with HIV and street children. The Committee further notes the data available at the UNAIDS website, which indicates that there were 19,000 orphans due to AIDS aged 0 to 17 in 2018 in the Gambia. The Committee requests the Government to scale up its efforts to prevent the engagement of HIV/AIDS orphans and other vulnerable children in the worst forms of child labour. It also requests the Government to provide information on the results achieved through the implementation of the National Strategic Plan for HIV and AIDS (2015–2019) and of the National Social Protection Policy (2015–2025).
The Committee is raising other matters in a request addressed directly to the Government.

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 5. Monitoring mechanisms and application of the Convention in practice. The Committee previously requested the Government to give a general assessment of the manner in which the Convention is applied in the Gambia and to provide information on the nature, extent and trends of these forms of child labour, the number of children who have been reported by the Community Child Protection Committees (CCPC) as being involved in the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. The Government indicates in its report that no cases on the worst forms of child labour were reported by the CCPC. The Committee also notes the information provided by the Government in its report submitted to the Human Rights Council in July 2019, that the Department of Social Welfare (DOSW) engages in identification of children engaged in child labour and reintegrates them in their communities. It has conducted a series of outreach activities and sensitization on the harms of child labour. The Ministry of Women, Children and Social Welfare has plans to initiate outreach activities targeting children living in poverty and unaccompanied children from the subregion around the Tourism Development Area, market places and car parks engaged in petty trading or in the transportation system. The National Agency Against Trafficking in Persons (NAATIP) also collaborated with the ILO to train law enforcement officers, civil society organizations and non-governmental organizations on child labour and child trafficking [A/HRC/WG.6/34/GMB/1, paras 109, 110 and 117]. The Committee further notes the information provided by the Government in its combined report on the African Charter on Human and Peoples’ Rights for the period 1994 and 2018, of August 2018, that all major police stations countrywide have now created Child Welfare Units manned by trained Child Welfare Officers to address issues relating to children and that, in 2015, the Department of Social Welfare formed the National Child Protection Sub-Committee to coordinate child protection issues. Referring to paragraph 626 of its General Survey on the fundamental Conventions of 2012, the Committee observes that, due to the multidimensional nature of the worst forms of child labour, several different monitoring institutions play an important role in this regard. The Committee considers that collaboration and information sharing between these various institutions is essential for preventing and combating the worst forms of child labour. The Committee therefore requests the Government to provide more detailed information on the measures taken by the Department of Social Welfare, the National Child Protection Sub-Committee, the CCPCs, the NAATIP, the labour inspectorate and police units to combat the worst forms of child labour and the results achieved. It further requests the Government to ensure that sufficient data, disaggregated by sex and age, on the worst forms of child labour is made available and to provide copies or extracts from official documents including inspection reports, studies and enquiries, and information on the nature, extent and trends of the worst forms of child labour, as well as the number of children covered by the measures giving effect to the Convention.
Article 6. Programmes of action. The Committee previously requested the Government to provide information on progress made for the adoption, implementation and impact of the National Children’s Policy of 2012, as well as on the impact of the National Development Agenda and the Programme for the Acceleration of Growth and Empowerment (PAGE) on eliminating the worst forms of child labour. The Government indicates that the PAGE has been replaced by the new National Development Plan 2018–2021 (NDP). The Committee notes that, according to the information provided by the Government in its report submitted to the Human Rights Council in July 2019, an end of programme review of the PAGE revealed key challenges including inadequate resources to fully implement the plan, weak monitoring and evaluation system and capacity and weak alignment of the programmes to the national budget [A/HRC/WG.6/34/GMB/1, para. 68]. It further notes that the NDP has identified a lack of adequate policies on child labour, trafficking and migration of children, inadequate services to victims and insufficient funding as challenges to address. Therefore, one of the goals of the NDP is that the child protection system in the Gambia is strengthened to respond to, and reduce, violence, abuse and exploitation of children. The NDP also foresees the existence of a child labour policy and interventions towards the eradication of extreme poverty. The Committee requests the Government to provide information on the concrete measures taken in the context of the National Development Plan 2018–2021 to eliminate the worst forms of child labour, as well as any results achieved in this regard. It requests the Government to provide information on progress made regarding the adoption of a child labour policy and to indicate its objectives for the elimination of the worst forms of child labour.
Article 7(1). Penalties. The Committee previously requested the Government to provide information with regard to the number and nature of violations reported under the Children’s Act, the number of investigations carried out, prosecutions, convictions, and penalties imposed related to the trafficking of children, slave dealing, using, procuring or offering of children for prostitution, the production of pornography, pornographic performances, the production and trafficking of drugs and trafficking for use in armed conflict, as well as penalties under the Labour Act for the breach of provisions related to the employment of children. The Government indicates in its report one case of child pornography and indecent assault with two female victims aged 14 and 15 respectively. The Committee also notes the information provided by the Government in its report submitted to the Human Rights Council in July 2019, according to which the enforcement of the law remains a challenge due to several factors, including economic, social and cultural practices and poverty [A/HRC/WG.6/34/GMB/1, para. 110]. Referring to paragraph 639 of its General Survey on the fundamental Conventions of 2012, the Committee is of the firm view that the best legislation only takes on real value when it is applied. Whatever the severity of the penalties laid down, they will only be effective if they are applied in practice, which requires measures so that they can be brought to the attention of the judicial and administrative authorities, and for these authorities to be strongly encouraged to apply such penalties. The Committee requests the Government to provide information on the measures taken to ensure the effective enforcement of the provisions of the Children’s Act and the Labour Act giving effect to the Convention, including the application of penal sanctions. It requests the Government to continue to provide information on the number and nature of violations reported, investigations carried out, prosecutions, convictions and penal sanctions imposed.
Clause (d). Identify and reach out to children at special risk. 1. Street children. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the number of street children who have been removed from the worst forms of child labour and rehabilitated in the shelter for children and at drop-in centres. The Committee also requests the Government to provide information on the outcome of the study conducted on street children by the DOSW and on the measures taken thereafter for the protection of street children.
2. Child beggars called almudus. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on the number of child beggars called almudus who have been provided services at the drop-in centres. The Committee also requests the Government to provide information on the measures taken thereafter to provide protection and assistance to these children.
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