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

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

Articles 1 and 2 of the Convention. Scope of application. Workers excluded from the protection of the Labour Act. The Committee welcomes the adoption of the Labour Act 2023 and notes the Government’s indication, in its report, that under section 3(1) of the Act, domestic workers are now included in the scope of application of the Act and the protection from discrimination therein provided. However, the Committee notes that the Labour Act 2023 still does not apply to: (1) civil servants; (2) members of armed forces, except persons employed in a civil capacity by them; and (3) members of any law enforcement services, except persons employed in a civil capacity by them. In this respect, the Committee wishes to recall that the Convention does not limit its scope of application to specific individuals or branches of activity (see the 2012 General Survey on the fundamental Conventions, paragraph 733). The Committee further notes that the General Orders for the Public Service of The Gambia 2013, and the Public Service Commission Regulations 2013 do not expressly prohibit direct and indirect discrimination against public servants on grounds prohibited by the Convention.Therefore, the Committee urges the Government: (i) to indicate how workers excluded from the Labour Act are protected, in law and practice, against discrimination in employment and occupation based on, at least, all of the grounds enumerated in Article 1(1)(a) of the Convention; and (ii) to revise the General Orders for the Public Service of the Gambia 2013 and the Public Service Commission Regulations 2013 to prohibit direct and indirect discrimination against public servants based on the grounds provided in the Convention.

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