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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

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

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

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

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

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

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

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

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