Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 1(1)(a) of the Convention. Discrimination based on sex. The Committee notes the report of the Government that the Labour Act 2023 was enacted on June 6, 2023. The Committee also notes that Section 63 of the Labour Act 2023 and Section 20(2) of the Women’s Act 2010 aim ‘to reinforce the common responsibility of men and women in the upbringing and development of their children’ by providing male employees who become fathers with ten working days of paternity leave within six months of the birth of a child. The Committee welcomes the efforts made and requests the Government to provide information on measures taken or envisaged to raise awareness of workers’ and employers’ organizations and the public on the socio-economic benefits of providing paid paternity leave as a means of helping men and women workers reconcile work and family responsibilities.

Sexual harassment. With regard to its previous comment, the Committee notes with satisfaction that Section 179 of the Labour Act 2023 and Article 3.1 of the Sexual Harassment in the Workplace Policy 2021 both define sexual harassment and prohibit both quid pro quo and hostile work environment. The Committee welcomes the adoption by the National Human Rights Commission (NHRC) of this policy, which provides a broad avenue for redress for victims of sexual harassment, including a formal and an informal procedure, none of which requires the victims to resign before obtaining redress. Article 2.4.5 of the policy also preserves the rights of victims of sexual harassment to seek appropriate redress in a court of law. The Committee also welcomes the collaborative efforts undertaken with social partners to raise awareness and combat sexual harassment in employment, including establishing the Gambia Network Against Gender-Based Violence, which actively participates in awareness-raising activities, such as the annual “16 Days of Activism” campaign. However, the Committee notes that in its 2022 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern over the continued high prevalence of sexual harassment in the workplace and the lack of support for victims (CEDAW/C/GMB/CO/6, 1 November 2022, paragraph 31). The Committee also notes that the 2020 Advisory Note on Sexual Harassment of the NHRC indicates that although there are numerous reports pointing out that sexual harassment is widespread, there has been no cases brought under the Women's Act in Court. Furthermore, the Committee notes that the 2020 Advisory Note highlights that while the Women’s Act is a piece of legislation aimed at protecting women's rights and well-being, it is inadequate in addressing sexual harassment impact due to its lack of specific appropriate psychosocial support for victims and its failure to address sexual harassment in workplaces explicitly. The Committee asks the Government to provide information on the proactive measures taken or envisaged to ensure the enforcement of the provisions prohibiting sexual harassment under the Labour Act 2023, the Women’s Act 2010, and the Sexual Harassment in the Workplace Policy 2021, such as: (i) preventive measures taken to combat all forms of sexual harassment (quid pro quo and hostile working environment sexual harassment) in education and vocational training institutions and at workplaces; (ii) awareness-raising for the general public, the workers’ and employers’ organization (including for judges and prosecutors) on the impact of sexual harassment in the workplace and on the procedures and mechanisms available to seek redress; and (iii) the number of complaints or cases of sexual harassment in employment and occupation dealt with by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies provided.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee welcomes the adoption of the Persons with Disability Act 2021, which prohibits all forms of discrimination and segregation on the grounds of disability in employment, including advertisements, recruitment, training, promotion, and segregation and requires employers to provide continuing vocational training to persons with disabilities and to protect them from harassment (Sections 38 and 39). The Committee notes, however, that the UN Partnership on the Rights of Persons with Disabilities (UNPRPD), in its “Situation Analysis of the Rights of Persons with Disability” in The Gambia, highlights significant challenges faced by persons with disabilities. The report indicates that: (1) despite the presence of non-discrimination legislation, persons with disabilities encounter pervasive negative stereotypes, prejudices, stigma, and discrimination; with women and children, particularly girls, constituting the most marginalized groups within this demographic (confronting obstacles in accessing formal education, empowerment initiatives, and protection from gender-based violence, including enduring harmful traditional practices and various forms of abuse); (2) these persons are notably absent from elected and public decision-making bodies (National Assembly and local councils); (3) they lack representation in State Boards, Executive Committees of political parties, and higher positions within public and civil services; and (4) they face significant literacy challenges, often stemming from inadequate enrolment in educational institutions, which hampers their active participation in decision-making processes and their inclusion in public bodies (UNRPRD, Situation Analysis of the Rights of Persons with Disability (Country Report 2021), pages iv, and 47.) The Committee requests the Government to provide information on the measures taken to implement the Persons with Disability Act 2021, and the results achieved in promoting equality of treatment in employment and occupation for persons with disability.

HIV status. Legislative developments. The Committee notes that Section 178(3) of the new Labour Act (2023) specifically prohibits discrimination based on actual, perceived, or suspected HIV/AIDS status of a person. It welcomes the November 2022 launch of the National Employment and Action Plan 2022–26 and the Government's indication that it specifically considered marginalized groups, including persons living with HIV/AIDS. The Committee notes the Government's general information that awareness-raising activities are being carried out across the country to advocate for the rights of persons living with HIV/AIDS. However, the Committee notes the lack of information on the measures to implement the National Employment Policy and Action Plan 2022–26. The Committee requests the Government to provide information on: (i) the application in practice of section 178(3) of the Labour Act, 2023, and (ii) the specific measures adopted to implement the NEAP 2022–26 objective to combat discrimination based on HIV status in employment and occupation.

Articles 2 and 3. National policy to promote equality in employment and occupation. The Committee notes the Government's reiteration that, within the context of the Ministry of Trade, Industry, Regional Integration and Employment (MoTIE) activities, a tracer study is being contemplated indicating the number of beneficiaries who have secured employment following training programmes. The Committee notes that a new National Employment Policy (NEP) and Action Plan 2022–26 (NEAP) were adopted in January 2022 and that one of the guiding principles underpinning this policy is gender equality and inclusion of vulnerable persons. However, the Government does not provide information on the steps taken under the NEP and the NEAP to achieve equality of opportunity and treatment in employment and occupation based on all the grounds enumerated under Article 1(1)(a) of the Convention. The Committee asks the Government to provide specific information on the measures envisaged under the National Employment Policy and Action Plan 2022–26 to combat direct and indirect discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction, or social origin; and the results achieved. It also requests the Government to provide the findings of the MoTIE tracer study when they are available, including information on sectors in which women predominate.

Gender equality policy. The Committee notes the indication of the Government that it has concluded an evaluation of the implementation of the National Gender Policy 2010–20 (NGP). The Government mentions that this evaluation contains specific measures adopted to further the implementation of the NGP and combat employment and occupation inequality. However, the report of this evaluation was not provided, nor was there concrete information on the measures adopted to improve women's access to education and vocational training, promote equality of opportunity in employment, and improve women's access to a broader range of jobs and occupations, as well as to land and credit. The Committee also notes the Government's submission of the 2022–23 Labour Force Survey which sheds light on notable differences between men and women regarding their participation in the workforce and the conditions under which they work. For example, it indicates that: (1) despite a relatively balanced demographic representation (women representing 51.8 per cent of the working age population), significant gaps exist between genders in labour participation (only 39.6 per cent of women participating compared to 47.9 per cent of men) and working conditions; (2) women are disproportionately affected by labour underutilization, with figures suggesting that more women who are willing and able to work cannot find suitable employment opportunities (composite rate of 50.5 per cent compared to 31.8 per cent among men); (3) many women are employed in low-quality jobs within the informal sector, indicating a need for formal job opportunities (approximately 8 out of every 10 women work in the informal sector), and a higher proportion of women than men are own-account workers, which may result from limited access to formal employment opportunities. Noting that the lifespan of the National Gender Policy, 2010–20, was supposed to end in 2020,the Committee requests the Government: (i) to indicate whether a new NGP is being developed, and (ii) to provide information, including statistical data, on the progress of women’s participation in the workforce and the conditions under which they work.