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

Abolition of Forced Labour Convention, 1957 (No. 105) - Gambia (Ratification: 2000)

Other comments on C105

Direct Request

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code, which provide for sanctions of imprisonment (involving an obligation to perform labour by virtue of section 29(1) of the Criminal Code in circumstances covered by the Convention:

– section 48(1) and (2) (possession, importation, publishing, selling, distribution or reproduction of prohibited publications);

-section 52(1) and (2), as amended by Act No. 3 of 2005 (uttering any seditious words; printing, publishing, selling, distribution or reproduction of seditious publication; possession or importation of seditious publication); and
-section 59(1) (publishing or reproduction of false statements, rumours or reports which are likely to cause fear or alarm to the public or to disturb the public peace).

The Committee requested the Government to provide information on the application in practice of the above-mentioned sections of the Criminal Code.

The Committee notes an absence of information in the Government’s report. The Committee once again requests the Government to provide information, in its next report, on the application of sections 48(1)and (2), 52(1) and (2), and 59(1) of the Criminal Code in practice, supplying copies of the court decisions defining or illustrating their scope.

Article 1(c). Punishment for breaches of labour discipline in the public service. The Committee previously noted that under section 113 of the Criminal Code (neglect of official duty), public servants who willfully neglect to perform their duty are guilty of a misdemeanour, in which case a punishment of imprisonment (which may involve an obligation to perform labour) for a term not exceeding two years may be applied, in accordance with section 34 (general punishment for misdemeanours). The Committee requested the Government to provide information on the application in practice of section 113.

The Committee notes an absence of information in the Government’s report on this point. The Committee therefore once again requests the Government to provide information on the application in practice of section 131 of the Labour Code in order to ascertain that it is not used as a means of labour discipline within the meaning of the Convention.

Article 1(d). Punishment for having participated in strikes. The Committee previously noted that, under section 139(1) of the Labour Act, 2007, certain industrial actions which are conducted in breach of procedure are deemed improper and may be prohibited by order of the High Court. It requested the Government to indicate the sanctions imposed in breach of this section. The Committee notes the Government’s indication that participation in industrial actions under section 139(1) is not criminalized. It is a civil relief that can be obtained before the High Court and it may issue injunctions.

Communication of texts. The Committee once again requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.