Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Gambia (Ratification: 2000)

Other comments on C029

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the activities of the anti-human trafficking agency and to supply sample copies of the relevant court decisions, illustrating the penalties imposed in accordance with section 242 of the Criminal Code.

The Committee notes the Government’s reference in its report to the Trafficking in Persons Act No. 11 (adopted in 2007 and amended in 2010) under which trafficking in persons is an offence punishable by a minimum term of 15 years imprisonment and a maximum term of life imprisonment. The Government also indicates that the National Agency Against Trafficking in Persons (NAATIP) is an agency that carries out its activities premised on four main principles, namely: prevention, protection, partnership and prosecution. In 2018, the NAATIP validated the Advocacy Plan of Action, which is now being implemented and has organized quarterly sensitization activities. The Committee requests the Government to provide further information on the Advocacy Plan of Action and the results achieved in terms of prevention, protection, and prosecution. The Committee also requests the Government to provide information on the measures taken by the National Agency Against Trafficking in Persons to provide assistance to victims of trafficking, including statistical information and the description of services provided. Lastly, the Committee requests the Government to provide information on any court proceedings initiated with respect to trafficking and the penalties imposed.

Articles 1(1) and 2(1). Freedom of public service employees to leave the service. In its previous comments, the Committee noted that under the Public Service Act, 1991, no provision regulates the right of public officers to leave the service, as well as the procedure for their resignation. It 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 General Order of the Public Service Commission prescribes the procedures on how public officers can leave the service on their own, either by giving one month’s notice or one month’s salary in lieu of notice. The Committee takes note of section III (02301) of the General Order of 2013, under which an officer may resign his appointment at any time by giving one month’s notice in writing, or on payment of a month’s salary in lieu of notice. The Committee requests the Government to indicate whether a request for resignation made by a civil servant may be refused by the responsible organization and, if so, the grounds for refusal.

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 requested the Government to indicate whether military service is compulsory and, if so, to provide the relevant legislation.

The Committee notes the Government’s indication that military service is not compulsory in the country and as such there is no legislation.