Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of public service employees to leave the service. In its previous comments, the Committee 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 work of public officers is regulated by contracts, which are signed, on behalf of the Government, by the Public Service Commission, and would state expressly the notice period required to leave the service and, implicitly, the right of civil servants to leave the service of the State. However, the Committee notes that under the Public Service Act, 1991, no provision seems to regulate the right of public officers to leave the service, as well as the procedure for their resignation. The Committee therefore requests the Government to indicate the provisions regulating the conditions under which the public officers can leave the service at their own request, as well as the procedure for their resignation. It also requests the Government to supply copies of regulations issued by the Public Service Commission in this regard.

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 recalled 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 aimed specifically at preventing the call-up of conscripts for public works or development purposes. In this regard, the Committee requests the Government to indicate whether military service is compulsory and, if so, to provide the relevant legislation.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that, under section 242 of the Criminal Code, 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). The Committee also noted the provisions of section 5 of the Forced Labour Act No. 8 of 1934, under which any chief or public officer who puts any 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 a fine or to imprisonment for any term not exceeding six months, or to both such fine and imprisonment.

The Committee recalled 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. It requested the Government to indicate the penalties imposed under section 242 of the Criminal Code.

The Committee notes the Government’s statement that the courts have in the past, as means of deterrence, imposed medium and lengthy custodial sentences for the violation of section 242 of the Criminal Code.

The Committee requests the Government to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

Trafficking in persons. Referring to its previous comments, the Committee notes the Government’s indication that the Trafficking in Persons Committee was established responsible for making policy and practical recommendations to the Government. The Government also states that an anti-human trafficking agency is also being set up, and it would be responsible for investigating, in consultation with the police, matters of trafficking in persons and providing evidence for prosecution. The agency would also be responsible for sensitizing the public to the risks of trafficking in persons and preventive measures to adopt. The Government further indicates that there is currently an ongoing case being prosecuted, involving trafficked children from Senegal to Gambia although no verdict has yet been reached. The Committee requests the Government to provide information on the activities of the anti-human trafficking agency. The Committee also requests the Government to provide a copy of the abovementioned court decision, once the verdict is reached, as well as any other relevant court decision, indicating the penalties imposed on perpetrators.