Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Gambia (Ratification: 2000)

Other comments on C087

Observation

Direct Request

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2022, which refer to matters under examination by the Committee.

Trade union rights and civil liberties. In its previous comments, the Committee had noted the 2017 ITUC observations alleging the arbitrary arrests of several leaders of the Gambian National Transport Control Association (GNTCA); the death, while in detention, of Mr Sheriff Diba, one of the arrested leaders; and the imposition of a ban on the activities of the GNTCA. The Committee had requested the Government to ensure that the GNTCA was informed about the necessary procedures to obtain a review of its case, which had been discontinued before the High Court of The Gambia, and expressed its firm hope that the death of Mr Diba and the alleged arbitrary arrests would be duly investigated without delay by the Truth, Reconciliation and Reparation Commission (TRRC), an independent institution mandated to investigate human rights violations committed by the former regime. The Committee notes the Government’s indication in its report that in 2020, a task force led by the Office of the Inspector General of the Police, which included representatives of the Ministry of Justice, the National Intelligence Agency and the Gambia Armed Forces, as well as former members of the GNTCA, convened several meetings on the above-mentioned issues. The Committee further notes that the GNTCA was advised to constitute a trade union instead of an association, which led to the formation of the General Transport Union, and was also advised to approach the Victim Centres of the National Human Rights Commission. In addition, the Committee also notes the Government’s indication that due to the time constraints and the volume of alleged human rights violations that the TRRC was tasked to examine, the TRRC did not investigate the death of Mr Diba, and that all pending human rights violations will be investigated and prosecuted by a Special Prosecutor’s Office that will be established within the Ministry of Justice. The Committee expects that the Government will take all necessary measures to ensure that the death of Mr Diba and the alleged arbitrary arrests of the leaders of the GNTCA are promptly investigated by the Special Prosecutor’s Office. The Committee requests the Government to provide information on all developments in this regard.

Article 2 of the Convention. Right of workers without distinction whatsoever, to establish and join organizations of their own choosing without previous authorization. The Committee had previously noted that sections 3(2)(a), (c) and (d) of the Labour Act of 2007 exclude civil servants, prison officers and domestic workers, respectively, from its scope, and recalled the need to ensure that these three groups enjoy the right to establish and join organizations of their own choosing. The Committee notes the Government’s indication that these categories of workers are not excluded from the scope of the Trade Union Bill and will therefore be allowed to form and join trade unions after its coming into force. The Committee observes that the right to join and participate in the forming of trade unions is provided to every employee under section 4(1) of the Trade Union Bill. Further observing that section 2 of the Trade Union Bill defines “employee” as “a person employed for wages or a salary”, which does not encompass self-employed workers and workers without employment contracts, the Committee recalls that Article 2 of the Convention applies not only to employees but more broadly to all workers without any distinction whatsoever. The Committee also notes the ITUC indication that no progress has been made with respect to the Trade Union Bill since the Gambian Trade Union Bureau submitted its comments and recommendations on the Bill in 2017. The Committee requests the Government to take the necessary steps, in consultation with the social partners, to review the Trade Union Bill so as to ensure that once adopted, all workers, including civil servants, prison officers, domestic workers, as well as self-employed workers and workers without employment contracts, enjoy the right to establish and join organizations of their own choosing, in accordance with the Convention. The Committee requests the Government to provide information on any progress made in this respect.

Minimum membership requirement. In its previous comments, the Committee had requested the Government to lower the minimum membership requirement for the registration of a trade union currently set by section 96(4)(a) the Labour Act at 50 workers. The Committee welcomes the Government’s indication that the issue of registration of trade unions will now be dealt with under the Trade Union Bill and that the minimum membership requirement will be set at seven members under section 8(2) of its draft Trade Union Regulations. The Government indicates that the Labour Bill no longer includes provisions regulating this issue. The Committee expects that the Labour Bill, the Trade Union Bill and the draft Trade Union Regulations will be adopted without further delay so as to ensure that the minimum membership requirement for the registration of trade unions is reduced to a level which does not hinder the establishment of organizations.

The Committee hopes that the Labour Bill, the Trade Union Bill and the draft Trade Union Regulations will be reviewed and finalized as soon as possible in consultation with the social partners and with the technical assistance of the Office, requested by the Government, to ensure that full effect is given to the provisions of the Convention. The Committee requests the Government to provide information on all developments in this regard and to transmit copies of the laws and regulations once adopted.

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