Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 1(1) and 2(1) of the Convention. 1. 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.

2. Freedom of career members of the armed forces to leave the service. In its previous comments, the Committee requested the Government to indicate the provisions regulating the right of members of the armed forces to leave the service, in times of peace, at their own request.

The Committee notes the Government’s indication that an individual serving in the military is under a fixed term contract. He/she is free to either extend or leave the military at the end of the fixed term. However, when he/she no longer desires to serve within the fixed period, the individual is at liberty to leave, provided he/she has compelling reasons, such as poor health conditions.

While noting these indications, the Committee requests the Government to supply a copy of the Armed Forces Act, indicating the duration of the fixed-term contract under which a career member of the armed forces serves.

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. The Committee pointed out that the provision of article 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 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 notes the Government’s statement that necessary measures will be put in place in order to bring its legislation into conformity with the Convention.

The Committee expresses its firm hope 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. In its previous comments, the Committee noted that under section 2(a) of the Forced Labour Act No. 8 of 1934, the term “forced or compulsory labour” does not include any work or service required from a 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. The Committee requested the Government to supply copies of provisions regulating the work of convicted prisoners.

The Committee notes that under section 88 of the Prisons Rules Cap.2:01, convicted prisoners, not sentenced to hard labour, may be employed in cleaning the yards, wards, passages or any part of the prison, or at their regular trades or occupations, but shall not be employed outside the precincts of the prison.

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.