Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Gambie (Ratification: 2001)

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Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Sale and trafficking of children and child sex tourism. The Committee previously noted that section 39 of the Children’s Act, 2005, prohibits child trafficking, and that this offence is punishable by life imprisonment. It also notes that the Trafficking in Persons Act, 2007, prohibits all forms of trafficking and provides a penalty of 15 years to life imprisonment.

The Committee takes note of the report of the Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material of 22 January 2021 (A/HRC/46/31/Add.1), in which it is revealed that the Gambia remains a source and destination country for children subjected to trafficking for sexual exploitation purposes. The Special Rapporteur heard allegations of trafficking of children, in particular Senegalese children to, and Gambian children from, the Gambia, for exploitation in international or domestic labour, domestic servitude, prostitution, apprenticeships and the fishing industry, and as beggars or shoe shiners. She also heard about instances of Gambian girls being trafficked to the Middle East for labour exploitation and domestic servitude (paras 9–10).

The Special Rapporteur also describes in detail the information she received concerning the commercial sexual exploitation of children in the context of travel and tourism (paras 15–18). It is reported that the Gambia is listed as a major destination for both male and female perpetrators of child sex offences. Incidents of commercial sexual exploitation of children are reportedly occurring in the tourism development areas, which comprise the areas around the major hotels, beaches, restaurants and nightclubs, and where children from poor communities are brought to meet tourists. Some perpetrators come into contact with children and develop relationships with them through organizations registered as philanthropic or as charities; others approach children under the guise of sponsoring their education or through intermediaries known as “bumsters”, who can be tour guides, taxi drivers and hotel workers. There are also allegations of existing organized sex-trafficking networks, reportedly operated by overseas and Gambian travel agencies, that promote Gambia as a destination for child sex tourism.

The Committee notes that, according to the Special Rapporteur, perpetrators of child trafficking and of commercial sexual exploitation of children are rarely brought to justice and punished. Enforcement is hampered by several factors, including a lack of awareness of existing laws and penalties; inadequate human, technical, financial and administrative capacity to oversee and rapidly respond to reported cases; and significant gaps in capacity and expertise for providing victims with the necessary child-friendly services and assistance, including at the first point of contact with children (para. 33). Moreover, the Special Rapporteur heard that reports of sexual abuse are often not taken up by the authorities for further action. In the rare instances where complaints are lodged with the police, they are not duly acted upon, the gathering of compelling evidence is delayed, and investigation and prosecution are stalled, resulting in victims or witnesses withdrawing their complaints. Reportedly, cases have been dismissed on the grounds that child victims’ statements were allegedly inconsistent. In some cases, the police or even the judiciary have encouraged the parties to settle a case in the community to the detriment of the child and in the interest of protecting the family’s honour. At the time of the visit of the Special Rapporteur in 2019, 15 new investigations were reported by the Government, six of which involved allegations of sex trafficking and nine involved allegations of forced labour in domestic work in the Middle East. Three prosecutions were still pending. No convictions were known to have been obtained on charges of trafficking of persons (paras 59–60).

The Committee notes with concern that, according to both the Special Rapporteur (para. 9) and the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 1 November 2022 (CEDAW/C/GMB/CO/6, para. 23(b)), the trafficking of children is drastically underreported, owing to, inter alia, the lack of confidence in the administration of justice, lengthy investigations and court proceedings, the lack of prosecutions and convictions. Recalling that the established sanctions are only effective if they are actually applied, the Committee urges the Government to take the necessary measures, without delay, to ensure that thorough investigations and prosecutions are carried out of persons who violate the provisions related to the sale and trafficking of children and that effective and dissuasive sanctions are imposed on them in application of the Children’s Act, 2005, and of the Trafficking in Persons Act, 2007. In this regard, it urges the Government to take the necessary steps to strengthen the capacities of law enforcement bodies to combat the sale and trafficking of children under 18 years of age, including by means of training and adequate resources. The Committee requests the Government to provide statistics on the number of convictions and penal sanctions imposed.

Article 6. Programmes of action. Child trafficking and commercial sexual exploitation. The Committee notes, according to the report of the Special Rapporteur, that the Government has adopted some measures to prevent the sale and trafficking of children, as well as their commercial sexual exploitation, such as setting up children’s courts and putting in place a manual for training on the eradication of child labour and sexual exploitation in the tourism industry, as well as a tourism code of conduct in hotels, motels and restaurants (paras 18 and 32). However, the Committee notes the observation of the Special Rapporteur according to which Government measures have had a limited impact on the prevention of the sale and sexual exploitation of children and the protection of child victims, notably due to the lack of a comprehensive strategy to effectively tackle the sale and sexual exploitation of children, including the root causes (para. 34). Those root causes include rampant poverty, limited access to education and economic opportunities for girls in rural areas, a lack of awareness of the relevant laws, existing societal barriers, the stigma and shame related to sexual exploitation and abuse, a deeply embedded culture of silence, compounded by weak law enforcement and inadequate child protection responses, the reportedly high number of children not immediately registered at birth, particularly in rural areas, and more (paras 21–23). The Committee requests the Government to take measures to develop and adopt a comprehensive plan of action to combat and eliminate child trafficking for labour and sexual exploitation, which takes into consideration and addresses the root causes and factors that are pulling and pushing children into becoming victims of trafficking.It requests the Government to provide information on the progress made in this regard in its next report.

Clause (b). Providing 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 trafficking and commercial sexual exploitation. The Committee notes the Government’s indication, in response to its previous comments, that the Directorate of Children’s Affairs of the Ministry of Gender, Children and Social Welfare is involved in the provision of all support to child victims of commercial sexual exploitation. Moreover, the National Agency Against Trafficking in Persons developed a National Referral Mechanism for victims of Human Trafficking and the Gambia Tourism Authority for the Protection of Children trained hotel staff on the commercial sexual exploitation of children. There is also a case management system that is intended to facilitate the identification, referral and care for children who are victims of all abuses.

The Committee notes, however, that in its concluding observations of 1 November 2022, the CEDAW expresses its concern regarding the lack of an effective national referral mechanism to appropriate support services for victims of trafficking for purposes of forced labour and sexual exploitation, including sex tourism (CEDAW/C/GMB/CO/6, paragraph 23(b)). The Special Rapporteur also highlighted the need for a functional referral system and effective case management to ensure efficient service delivery and connect victims to support services, as well as the urgent need to establish additional shelters for child victims of sexual exploitation that are properly funded and staffed by well-trained personnel who can offer integrated psychological, legal, medical and other services (para. 66). The Committee therefore once again urges the Government to strengthen its efforts to ensure that child victims of trafficking for labour or sexual exploitation and child victims of commercial sexual exploitation are removed from these worst forms of child labour, rehabilitated and socially integrated, including through the establishment of additional shelters for child victims. It requests the Government to provide information on the number of children removed and provided with support.

The Committee is raising other matters in a request addressed directly to the Government.