Country Report on Human Rights Practices for 1989
THE GAMBIA
The Gambia is a parliamentary democracy with an elected
president and legislature. Except for a coup attempt in 1981,
The Gambia has had a history of political stability under the
leadership of its only President since independence in 1965,
Sir Dawda Jawara. His ruling People's Progressive Party (PPP)
has dominated the unicameral Parliament, but several
opposition parties participate in the political process,
including two new political parties formed in 1986. In the
parliamentary and presidential elections held in March 1987,
President Jawara was reelected by a large margin, and PPP
candidates won an overwhelming majority in Parliament.
The confederation between The Gambia and Senegal, established
in 1982 following the coup attempt, formally ended in
September 1989, following Senegal's withdrawal of its security
forces from The Gambia. The two countries disagreed over the
function and ultimate purpose of the confederation, with The
Gambia insisting upon its sovereignty and Senegal favoring a
more fully integrated economic union. The Gambia has a small
army with an attached naval unit organized and trained by
British officers. Its gendarmerie forces, formerly headed by
Senegalese officers, are now under Gambian leadership. The
combined confederal battalion, which had been two-thirds
Senegalese and one-third Gambian, was disbanded in September
1989.
The Gambia's estimated population of 784,000 consists largely
of subsistence farmers growing rice and groundnuts (peanuts),
the country's primary export crop. The Gambia in 1989
continued a stringent program of economic reform which met the
targets agreed upon with the International Monetary Fund, the
World Bank, and other donors. The program has allowed The
Gambia to reschedule its external debt and to receive new loan
and grant assistance.
The Gambia has made particular efforts to promote observance
of human rights, including the subject in its Constitution of
April 24, 1970. In June the Organization of African Unity's
(OAU) Commission on Human and People's Rights established its
headquarters in Banjul. The Gambian Government founded a
Centre for Democracy and Human Rights Studies, in conjunction
with the OAU headquarters, to serve as a research institution
and training center for human rights issues.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no instances of political killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were no allegations of torture in 1989. The
Constitution prohibits torture and other cruel, inhuman, and
degrading punishment.
Prison conditions are severe, and there have been occasional
reports of mistreatment of prisoners. The deaths of several
inmates in 1988 at one prison due to inadequate diet was
investigated by a Presidential Commission on Prison
Conditions. The Commission found nutritional deficiencies and
some overcrowding, and its recommendations led to prison
reforms, including the passage of legislation specifying an
adequate prison diet. The Government allows prison visits by
representatives of the local Red Cross and by close family
members.
d. Arbitrary Arrest, Detention, or Exile
Based on British legal practice, well-developed constitutional
and legal procedures govern the arrest, detention, and trial
of persons accused of crimes. Under these procedures, a
detained person must be brought to trial within 1 week of
arrest. This waiting period, however, can be extended twice,
making 21 days the maximum period of detention before trial.
In 1987 the Government detained several suspected members of
the Movement for Justice in Africa, which was banned in 1980.
They were later released without charges being brought on
political grounds, although some were charged and tried for
possession of cannabis. There were no political detainees
being held at the end of 1989. There are some self-exiled
opposition elements who would be arrested for suspected
involvement in the 1981 coup attempt if they returned to The
Gambia, e.g., the alleged leader of the plot, Kukoi Samba
Sanyang.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Three kinds of law operate in The Gambia: general, Shari'a,
and customary law. Shari'a, governing Muslims, is observed in
marriage and divorce proceedings. Customary law covers
marriage and divorce for non-Muslims, inheritance, land tenure
and utilization, local tribal government, and all other
traditional civil and social relations. General law, based on
English statutes and modified to suit the Gambian context,
governs criminal cases and trials and most organized business
practices. If there were a conflict between general law and
Shari'a, general law would prevail.
The Constitution provides criminal defendants with the
traditional rights of the English legal system, such as
presumption of innocence, the right of the accused to be
informed promptly of the charges, and the right to a public
trial. If released on bail, an accused person may face
charges indefinitely, since there is no maximum time limit for
completing the investigation and bringing the case to trial.
Appeals normally proceed from the Supreme (trial) Court to the
Court of Appeals, the country's highest tribunal.
While the judiciary operates independently and is free of
government interference, judges are appointed by the
Government. Because of the shortage of legal professionals in
The Gambia, the legal system is staffed in part by judges and
prosecuting and defense attorneys from other English-speaking
countries having the same basic legal system as the Gambia.
An opposition journalist, Sana Manneh, editor of The Torch,
accused four cabinet ministers of corruption in 1988 and
subsequently was charged with libeling three of them in
October 1988. A 4-nionth trial ensued, avidly followed by the
private press and the public. In April Manneh was acquitted
on two counts of libel and given a warning for a third, less
serious count. The Government appealed this decision, and a
hearing date is set for March 1990.
The Government released 40 prisoners in December 1988 in honor
of the 40th anniversary of the Universal Declaration of Human
Rights. In February 1989, in commemoration of Gambian
independence. President Jawara announced the release of 50
more prisoners, some of whom had participated in the 1981 coup
attempt. Currently, there are no known political prisoners in
The Gambia.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution provides guarantees, which are respected in
practice, against arbitrary search of person and property. It
does permit a search to which a suspect submits voluntarily or
if it is reasonably required in the interest of national
defense or public welfare. Under the Gambian criminal code,
search warrants based on probable cause are issued by
magistrates upon application by the police. The code also
specifies that police may conduct a search of a private
residence while a crime is in progress. There are a few
police and military checkpoints in and around Banjul, which
periodically stop drivers and search vehicles.
The rights of family are of extreme importance in The Gambia's
conservative Muslim society. Marriage, the raising of
children, and religious instruction are regulated by a
combination of personal preference and ethnic and religious
tradition. The Government does not normally intrude in family
matters. Family planning is encouraged but not enforced.
There is no effort to censor or control personal
correspondence or communications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press.
While opposition parties have been relatively inactive since
the 1987 elections, members freely express their opinions
about the Government and ruling party.
The Government does not attempt to censor published materials,
whether they originate within or outside the country. In
practical terms. The Gambia, with its small, mainly rural,
largely illiterate, multilingual population, does not support
an active press. There are no daily newspapers. The
Government and the People's Progressive Party have newspapers
which are published on a biweekly or monthly basis. There are
several independent, intermittently published, mimeographed
newssheets. Both the opposition and the independent press are
openly critical of the Government. A biweekly mimeographed
paper, sponsored by a legal Socialist party, has been
particularly vocal in condemning the governing party. There
is, however, some degree of self-censorship in the governmentowned
media, which exercises restraint in reporting criticism
of the Government. During the libel trial of the journalist
who accused four cabinet ministers of corruption. Radio Gambia
and the official press ceased coverage after the first week of
the trial. However, the Socialist paper reported on the daily
events of the trial and was widely distributed; the
international press also covered the story.
There is no television in The Gambia, although Senegalese
broadcasts can be received. The Government dominates the
media through Radio Gambia. There have been no reported
instances of government interference with the one commercial
radio station, which mainly broadcasts music. Foreign
magazines and newspapers are available in the capital. There
is no university in The Gambia.
b. Freedom of Peaceful Assembly and Association
In general, there is no interference with the freedom of
association and assembly which is provided for in the
Constitution. The Government almost always grants permits for
peaceful assembly but requires that these meetings be open to
the public. However, the Movement for Justice in Africa,
which was suspected of involvement in the 1981 coup attempt,
is banned.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The constitutional provisions of freedom of conscience,
thought, and religion are observed in practice. The State is
secular, although Muslims constitute over 90 percent of the
population. The schools provide instruction in the Koran for
Muslim students. Christians, both Catholic and Protestant,
freely practice their religion. There is a small Baha'i
community in Banjul. Missionaries are permitted to carry on
their various mission-related activities openly and freely.
There is no evidence of discrimination in employment,
education, or in other areas of Gambian life on religious
grounds.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement, subject to
conditions protecting public safety, health, and morals.
There is no restriction on freedom of emigration or freedom of
return. Internally, police and military checkpoints exist in
and around Banjul, but there is no evidence that police harass
travelers. Because of historic and ethnic ties with the
inhabitants of Senegal, Guinea-Bissau, Mali, Sierra Leone, and
Mauritania, people tend to move freely across borders, which
are poorly marked and difficult to police. Under the
confederation treaty of 1981, neither Gambians nor Senegalese
have needed passports or visas to travel to or reside in the
other country. It is not clear whether this will change as a
result of the recent dissolution of the confederation. The
Gambia also recognizes the Economic Community of West African
States' (ECOWAS) protocol which allows entry of ECOWAS country
citizens for up to 90 days without visas.
In late April and May, during the ethnic violence and unrest
in Mauritania and Senegal, over 7,000 Mauritanian citizens
sought refuge from Senegal in The Gambia. The Gambian
Government moved quickly, in conjunction with the Red Cross
and other donors, to set up temporary camps and feeding
centers for the Mauritanians and later arranged an airlift to
help their voluntary return to Mauritania.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The President and the Members of Parliament are popularlyelected,
as are the district councils and the chiefs, who
exercise traditional authority in the villages and compounds.
Presidential and parliamentary elections are held every 5
years. Citizens must be at least 18 years of age to vote.
Balloting is secret, and measures are employed to assure that
illiterate voters understand the choices and voting
procedure. A functioning multiparty system exists in The
Gambia even though the People's Progressive Party under the
leadership of President Jawara has been in power since
independence. The principal opposition party, the National
Convention Party (NCP), contests both national and district
elections. Two newly formed opposition parties, the Gambia
People's Party (GPP) and the People's Democratic Organization
for Independence and Socialism (PDOIS) , contested for office
in the March 1987 presidential and parliamentary elections.
Campaigning was vigorous, active, and open to all parties.
The ruling PPP won by an overwhelming majority and now holds
31 of 36 elective seats in the Parliament. The NCP was the
only opposition party to win seats. The opposition charged
that the election was manipulated by the Government but did
not provide evidence to support its allegations. The
opposition also charged, with some justification, that the PPP
benefited from its control of Radio Gambia and access to
government vehicles for campaigning.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Govarnment is responsive to charges of human rights
violations and permits visits of international human rights
organizations to observe the conditioas of detainees and the
trial process. There were no reported requests by such
organizations for investigation of alleged human rights abuses
in The Gambia during 1989. The Gambia is an 3,::ti/e member of
the Un; red Nations Human lights Commission and of rhe
Organization of African Unity's (OAU) Commission on Human and
Peoples' Rights. It took the initiative in persuading the OAU
to locate the Commission in Banjul which opened in June 1989.
The Government has also established the African Centre for
Democracy and Human Bights StuCiSs in conjunct ion with the OAU
Corami.ssion, which held its first colloquium in November.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Gambiar population is overwhelmingly Muslim and rural,
with 8^ percent living in villages While personal initiative
and choice are valued, there is considerable emphasis on the
collective aspects of rights and piivileges. Traditional
views, especially about the role of women in society, are
changing, but veiy slowly. Marriages are sciil often
arranged, and Mus ' im cradltion a' lows for polygamy. Domestic
violence (wife beating) and female circumcision are common
practices in The 'Gambia as in the region, reinforced by
traditional beliefs. As a result, the Government has been
passive in attempting to •ounter these practices. However,
the Women's Bureau in t-.he Office of the President conducted a
study in late 1989 of women s rights, including specific
questions on domestic violence, that will be used as the basis
for recommendations to the law reform commission. The Women's
Bureau conducts an ongoing campaign in the rural areas to make
women aware of their legal rights in divorce, property
matters, and in cases of assault.
In villages the women continue to perform work in the field
and provide for the majority of local food production. Women
also play an important role in the small, modern wage sector
of the economy. Most are in semiskilled jobs (e.g., assembly
work, handicraft shops, bus conductors), very few are in
skilled trades (e.g., carpentry, auto repair), and a small but
growing number are in midlevel supervisory positions (e.g.,
civil service, tourist hotels, and banks). There is no wage
or benefits discrimination for jobs that are performed both by
men and women. Females comprise over one-third of the
students in primary school, and, with growing educational
opportunities, women are beginning to participate increasingly
in the professions and in political life.
Section 6 Worker Rights
a. The Right of Association
The Labor Administration Act specifies that workers are free
to form associations, including trade unions. However, less
than 20 percent of the work force is engaged in the modern
wage sector of the economy, where unions normally are active.
The Gambian Workers' Confederation (GWC) and the Gambian
Workers Union (GWU) , are the two main independent and
competing umbrella organizations, and both are recognized by,
and have a good working relationship with, the Government.
The Labor Administration Act authorizes strikes. However,
because of a required 14-day cooling off period (21 days in
essential services), government conciliation efforts, and the
poor bargaining strength of the unions, few strikes actually
occur. In September about 200 workers of the China Building
Material Company outside of Banjul went on strike following
the dismissal of a worker; the outstanding issues appeared to
be differences between the Chinese management and Gambian
labor practices.
As a result of an incomplete merger effort between the GWC and
the GWU, both organizations claim affiliation to the
International Confederation of Free Trade Unions (ICFTU);
however, the ICFTU continues to recognize the GWU as its
affiliate. Both unions are affiliated with the Organization
of African Trade Union Unity. In addition, there are two
other Gambian labor confederations, the Gambian Labor
Confederation, which is affiliated with the Communistcontrolled
World Federation of Trade Unions, and the Gambian
Trade Union Congress, which is affiliated with the World
Confederation of Labor. The Gambia is not a member of the
International Labor Organization.
b. The Right to Organize and Bargain Collectively
Under the Labor Administration Act, workers have the right to
organize and bargain collectively. While trade unions are
small and fragmented, collective bargaining agreements in May
resulted in revised minimum wage rates for categories of
workers in construction, carpentry, electrical engineering,
transportation, shipyards, hotels, and other occupations.
There is no export processing zone in The Gambia. i^abor laws
ate applied uniformly throughout the country.
c. Prohibition of Forced or Compulsory Labor
The Criminal Code prohibits compulsory labor. There is no
evidence of forced or compulsory labor in The Gambia.
d. Minimum Age for Employment of Children
The official minimum age for employment is 18. However,
because of the paucity of secondary school opportunities, most
children complete their formal education by age 14 and
informally enter the work force. Control of child labor does
not apply to customary chores on family farms or street
trading.
e. Acceptable Conditions of Work
Minimum wages and hours of work are determined by the Joint
Industrial Council, pursuant to the Labor Administration Act,
which has representation from employees, employers, and
government. For example, the minimum wage for an unskilled
laborer is approximately $1.20 per day, usually supplemented
with transport and other allowances. The wages are higher for
various skilled laborers, with the minimum under the May 1989
agreement set at $2.89 per day for foremen and hotel chefs.
The private sector generally has provision for overtime pay.
These minimum wages do not provide for a decent standard of
living. However, most Gambians do not live on one worker's
earnings and rely on the extended family system, including
often some subsistence farming.
The workweek for government workers is four 8-hour days, with
a half day on Friday. Allowance is made for half-hour lunch
breaks. For the private sector, there are four 8-hour days
with half days on Fridays and Saturdays, making a 40-hour
workweek. Government employees are entitled to 1 month's paid
leave after 1 year of service; private sector employees
receive 15 days of paid annual leave.
Under the Factory Act, the Minister of Labor is given
authority to regulate factory health and safety, accident
prevention, and dangerous trades and to appoint inspectors to
ensure compliance. However, this system is less than fully
satisfactory, owing to the shortage of inspectors. The
Government announced in 1987 that it would submit to
Parliament a new labor code to replace obsolete labor laws;
and a new industrial injuries compensation act to replace the
existing workmen's compensation act. However, no action to
this end had been taken by the end of 1989.
