Anfragebeantwortung zu Gambia: Häusliche Gewalt, Schutzfähigkeit und -willigkeit des Staates [a-10791-2 (10792)]

14. Dezember 2018

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Die folgenden Ausschnitte aus ausgewählten Quellen enthalten Informationen zu oben genannter Fragestellung (Zugriff auf alle Quellen am 14. Dezember 2018):


·      UN Human Rights Committee: Concluding observations on the Gambia in the absence of its second periodic report [CCPR/C/GMB/CO/2], 30. August 2018

„Violence against women and domestic violence

15. While welcoming the adoption of the Domestic Violence Act and the Sexual Offences Act in 2013, the Committee is concerned at the ineffective enforcement of these acts and the prevalence of violence against women and of domestic violence. It is particularly concerned at the absence of effective reporting mechanisms; the low level of prosecution of perpetrators; the insufficient support for victims of violence, including legal assistance, shelters and rehabilitation services; and the absence of official disaggregated data relating to violence against women and girls (arts. 2, 3, 6, 7, 23 and 26).

16. The State party should intensify its efforts to: […]

(c) Ensure that cases of violence against women and domestic violence are promptly and thoroughly investigated and that perpetrators are prosecuted;

(d) Provide victims with legal, medical, financial and psychological support and access to effective remedies and means of protection;“ (UN Human Rights Committee, 30. August 2018, S. 3)

·      USDOS – US Department of State: Country Report on Human Rights Practices 2017 - The Gambia, 20. April 2018

„Rape and Domestic Violence: The penalty for rape is life imprisonment; however, rape was a widespread problem. The maximum penalty for attempted rape is seven years’ imprisonment without an option of a fine. Spousal rape is not illegal and was widespread;, police generally considered it a domestic issue outside its jurisdiction. A 40-year-old man was sentenced to 10 years in prison for raping and impregnating a 14-year-old girl in August. Most cases of domestic violence went unreported due to victims’ fear of reprisal, unequal power relations, stigma, discrimination, and pressure from family and friends not to report. Conviction of domestic violence carries a fine of D50,000 ($1,060), imprisonment of two years, or both.“ (USDOS, 20. April 2018, Section 6)

·      Freedom House: Freedom in the World 2018 - The Gambia, Jänner 2018

„G3. Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 1 / 4

Rape and domestic violence are illegal, but common. There are no laws prohibiting polygamy, or levirate marriage (in which a widow is married off to the younger brother of her spouse). Female genital mutilation was outlawed in 2015, but is still practiced by some. Activists have called on Barrow to clearly indicate that the law prohibiting it will remain on the books.” (Freedom House, Jänner 2018)

·      Foroyaa: Government launches Sexual, Gender based Violence Unit, 29. November 2018

„The Ministry of Justice on Wednesday 28th November launched a Unit to look into the affairs of Sexual and Gender Base Violence in the country. The Unit comprises of 15 personnel, 10 of whom are from the Ministry of Justice, 2 from the police prosecution unit, 2 from the Police Gender Unit and one from the department of Social Welfare under the Ministry of Health. This unit is expected to look into the issues of sexual and gender-based violence in the country, investigate and fast track justice for victims. Also, it is expected to sensitize, rehabilitate and counsel victims that have undergone violations. […]

The Vice President underscored the issue of Sexual and Gender based violence as a menace that has been battled by actors for many years. ‘Sexual and Gender based violence remains a problem, despite government initiatives to create legislation to combat this menace,’ Mr. Darboe cited. […]

He however pointed that having the legislative framework alone will not have the desired impact on sexual and gender based violence. He said, ‘Therefore we must blend legislative measures with policies and strategies that will not only raise awareness about the path of women and children, but which also leave no doubt in anybody’s mind that the law will be enforced to protect the most vulnerable in our society.’“ (Foroyaa, 29. November 2018)

·      EASO – European Asylum Support Office: The Gambia - Country Focus, Dezember 2017

„The Department of Social Welfare (DSW) runs a facility for victims of human trafficking, abandoned children and victims of domestic violence, as well as a drop-in centre for street children.“ (EASO, Dezember 2017, S. 24)

·      The Point: Gambia: Rape Must Not Be Tolerated!, 19. Juni 2017 (verfügbar auf AllAfrica)

„The crime of forcefully having sex with someone against his or her wishes is getting rampant in The Gambia and it must not tolerated; it must be meted with the ultimate force of the law. The Gambia has witnessed a series of rapes against women and children of late. […]

Female genital mutilation, honour killing, child brides, trafficking, grooming, rape and domestic violence are rampant in societies in which women are classed as second-class citizens.

While The Gambia may not experience the most extreme of these practices, our record of protecting victims of sexual violence is still abysmal, and something must be done, starting with now with this alleged serial rapist, who is not even one of our own.“ (The Point, 19. Juni 2017)

·      CEDAW – UN Committee on the Elimination of Discrimination Against Women: Concluding observations on the combined fourth and fifth periodic reports of the Gambia [CEDAW/C/GMB/CO/4-5], 28. Juli 2015

„4. The Committee welcomes the progress achieved since the consideration in 2005 of the State party’s combined initial, second and third periodic reports (CEDAW/C/GMB/1-3) in undertaking legislative reforms, in particular the adoption of the following legislation:

(a) Domestic Violence Act, in 2013;

(b) Sexual Offences Act, in 2013;

(c) Women’s Act, in 2010;

(d) Legal Aid Act, in 2008;

(e) Trafficking in Persons Act, in 2007.“ (CEDAW, 28. Juli 2015, S. 1-2)

„Violence against women

22. The Committee notes the adoption in 2013 of the Domestic Violence Act and the Sexual Offences Act, but is concerned that violence against women remains widespread. It is particularly concerned about:

(a) The lack of criminalization of marital rape and the unclear provisions in the Domestic Violence Act relating to the definition of ‘aggravated’ domestic violence and allowing for out-of-court settlements, which often do not take into account women’s best interests;

(b) The insufficient implementation of the Domestic Violence Act and the Sexual Offences Act owing, for example, to a lack of resources and the absence of regulations, guidelines and effective reporting mechanisms;

(c) The lack of support for women who are victims of violence, which is preventing them from gaining access to justice effectively, and the insufficient support and rehabilitation services available to them;

(d) The lack of official disaggregated data relating to violence against women and girls, including on the number of investigations, prosecutions, convictions and sentences, as well as out-of-court settlements.” (CEDAW, 28. Juli 2015, S. 5)