Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/the_gamb.txt

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TITLE:  THE GAMBIA HUMAN RIGHTS PRACTICES
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                         THE GAMBIA


On July 22, the Gambia National Army (GNA) deposed by coup
d'etat the democratically elected Government and dismissed the
democratically elected Parliament.  The four GNA lieutenants
who planned and led the coup proclaimed themselves the Armed
Forces Provisional Ruling Council (AFPRC) under the
chairmanship of Lt. Yahya A.J.J. Jammeh, who also became Head
of State.

The GNA and the police report to the Ministers of Defense and
Interior.  The regime integrated the police's tactical support
group (former gendarmerie) into the GNA.  It reassigned, fired,
summarily retired, or detained nearly all senior security
officials after it took power and arrested and detained senior
government officials and members of the press.  It held
detainees incommunicado and did not acknowledge their
detentions.

The Gambia's population of just over 1 million consists largely
of subsistence farmers growing rice, millet, maize, and
groundnuts (peanuts), the country's primary export crop.  The
private sector, led by reexporting, fisheries, horticulture,
and tourism, had begun to flourish, but has been in steep
decline since the July 22 coup.

The elected Government of Sir Dawda Jawara respected and
protected human rights.  The coup leaders committed widespread
and repeated human rights abuses.  The AFPRC detained armed
forces and police personnel without charge; abolished political
parties, political activities, and political publications;
intimidated the press; dissolved local governments; and revoked
rights to travel and transfer funds or assets for senior
officials of the Jawara Government.  It declared its decrees
exempt from legal challenge, and, as noted above, ordered the
arbitrary arrest, firing, and retirement of government
officials and civil service employees loyal to the elected
Government.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

An undetermined number of GNA soldiers died during and
following an attempted countercoup on November 11.  An AFPRC
spokesman announced an estimated 16 total deaths during the
attempt, but specifically named as dead only the 3 purported
ringleaders.  While it was widely rumored that authorities
summarily executed many dissident soldiers, the spokesman
denied that executions had been carried out.  However, the
military leadership did not provide a full accounting of
casualties or information on the disposition of remains.  In
another incident in October, a soldier killed an apparent
curfew violator under circumstances that remain unclear.  The
soldier believed involved was detained but remains unidentified.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

While the AFPRC did not suspend that part of the Constitution
that prohibits torture and other cruel, inhuman, or degrading
punishment, it ignored these provisions in regard to former
ministers and military and police detainees.

Credible reporting indicates that three military and police
detainees were beaten unconscious at Mile 2 Prison in the
presence of four members of the AFPRC in early September.

The regime held former ministers of the Jawara Government under
house arrest for 2 months after the coup, subjected them to
lengthy interrogation, and then confined them at Mile 2 Prison
or the National Intelligence Agency (the former National
Security Service) headquarters for up to several days.  It
released former ministers from house arrest in September, but
rearrested and detained 10 former ministers in early November.
Police physically mistreated one former minister after
arresting him.

Prison conditions were austere but improving before the July 22
coup.  While no deaths in prison were reported during the year,
no other information was available on postcoup conditions for
the general prison populations at Mile 2 Prison and two other
confinement facilities.  The AFPRC assigned military guards to
augment the corrections staff at Mile 2 Prison following the
coup, and there were credible reports of malnourishment,
illness, and beatings of military and security detainees.
Women are not targeted for abuse while in custody.

The International Committee of the Red Cross (ICRC) was able to
visit 32 detainees in two places of detention.  Most of the
detainees are soldiers and police arrested immediately after
the July 22 coup.  Others are members of the military seized
after the abortive putsch of November 11.

     d.  Arbitrary Arrest, Detention, or Exile

Before the July coup, there were well-developed constitutional
and legal procedures governing arrest, detention, and trial.
After the coup, the regime frequently  and arbitrarily arrested
military and police personnel, civil servants, parastatal
staff, and media representatives.  An AFPRC decree authorizes
detention of military or police officers for 6 months without
charge.  The same decree permits indefinite detention after
review by a special tribunal.  Following the coup, the
authorities acknowledged that they held approximately 30
military and police detainees, although the total number is
believed to be higher.  They released 16 detainees in November,
but did not release or bring to trial the remaining military
and police detainees.  The regime subjected prominent civilians
in and out of government to lengthy surprise interrogations in
uncomfortable circumstances, often lasting overnight, and
detained some officials for extended periods.

The authorities generally did not permit families, reporters,
or other private citizens to visit military and police
detainees.  They did occasionally permit exceptional visits by
detainees' wives after direct petitions to the vice chairman of
the AFPRC.

In the aftermath of the November 11 counter-coup attempt, the
AFPRC ordered new arrests and detentions.  In December, it
acknowledged holding 32 detainees, including 16 GNA and police
personnel remaining in detention from the July 22 coup, 13
persons detained after the November 11 attempted countercoup,
and 3 others detained for crimes they were alleged to have
committed while impersonating GNA officers.

The AFPRC has not resorted to exiling opponents.  However,
three senior officials of the former government--President
Jawara, Vice President Sabally, and Secretary General
Janha--remain outside The Gambia under explicit threat of
arrest and detention if they return.  Other officials who were
outside the country at the time of the coup are at similar risk.

     e.  Denial of Fair Public Trial

The AFPRC claimed that judicial provisions of the Constitution
remained in effect, but it exempted its own decrees from court
challenge and flagrantly ignored due process rights with
respect to arrest, detention, and trial.  A tribunal consisting
of a lawyer, a police officer, and a private citizen were, at
year's end, reviewing cases of military detainees.  However,
tribunal action is advisory only, and the AFPRC may order
indefinite detention of military and police officers following
the tribunal's review.

The AFPRC appointed commissions to investigate individuals
suspected of corruption.  These commissions have powers similar
to a grand jury, including authority to imprison and fine for
contempt, and to imprison or demand bond from individuals
considered likely to abscond.  Although modalities are not yet
clear, findings of the commission are intended to lead to
prosecution of appropriate cases in civil court.

Although the Constitution provides for an independent
judiciary, the courts traditionally were responsive to
executive branch pressure.  The courts' slow prosecution of
debt recovery cases under the Assets Management and Recovery
Corporation Act was cited by the AFPRC as evidence of
corruption under the Jawara Government.  Cases of interest to
the AFPRC moved quickly following the coup, whereas AFPRC
intervention impeded prosecution of two cases involving
individuals in the AFPRC's favor.

The judicial system remains structurally intact and recognizes
customary, Shari'a, and general law.  Customary law covers
marriage and divorce for non-Muslims, inheritance, land tenure,
tribal and clan leadership, and all other traditional and
social relations.  Shari'a law is observed primarily in Muslim
marriage and divorce matters.  General law, following the
English model, applies to felonies, misdemeanors in urban
areas, and the formal business sector.  Trials are public, and
defendants have the right to an attorney at their own cost.

Most prisoners detained under the AFPRC's anticorruption
campaign or for security reasons are political prisoners.
Along with the military and police personnel in long-term
detention, authorities detained up to 30 additional persons for
shorter periods, usually 4 days or less.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Although constitutional safeguards against arbitrary search
remain in place, AFPRC priorities in security matters and
corruption investigations override these safeguards.  Police
seized private documents and property without due process and
placed armed guards at homes and other properties suspected of
having been acquired with embezzled or misappropriated funds.
The AFPRC froze accounts of persons under suspicion and
prohibited by decree the transfer of their property.  It denied
persons under house arrest access to international telephone
service.  Police must generally have court orders to conduct
searches related to crimes unless the individual concerned
agrees or it is deemed to involve an urgent matter of national
interest.  The Government has not generally intruded in family
matters, and this has remained true under the AFPRC.  Security
officials are believed to monitor telephone communications.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The AFPRC significantly restricted these freedoms.  An AFPRC
decree prohibits political activities of all kinds, including
possession and distribution of political literature or engaging
in political discourse by any other means.  Two senior staff of
the People's Democratic Organization for Democracy,
Independence, and Socialism (PDOIS) were convicted of political
activities and possession of the party's newspaper, Foroyaa
(Freedom), following promulgation of the decree.  The two
defendants were required to pay court costs and placed on
probation for the life of the decree.  Conditions of probation
included adherence to the decree and avoidance of activity that
would be deleterious to public order.  If a probationer
violates these conditions, authorities impose a prison sentence
of 3 years.

The AFPRC used summary arrest, interrogation, detention,
beating, and deportation to intimidate and silence journalists
who published articles deemed inaccurate or sensitive.  Banjul
Daily Observer editor and publisher Kenneth Y. Best, a Liberian
national, was deported on October 30 following a series of
interrogations and detentions prompted by news stories the
AFPRC considered excessively critical.  All Gambian newspapers
exercised self-censorship.  English, French, and other foreign
newspapers and magazines are available.

There is no television in The Gambia, although the country
receives Senegalese broadcasts.  Private consumers also use
satellite systems but these remain rare.  The one government
and two private radio stations normally did not reach listeners
in the eastern part of the country.  Private radio stations
simulcast news provided by Radio Gambia, the government
station.  Senegalese and international radio broadcasts attract
wide audiences.  There is no university in The Gambia.

     b.  Freedom of Peaceful Assembly and Association

The AFPRC decree bans political meetings of any kind and
political organizations.  Other kinds of assembly are open to
the public require police permits.  Prior to the coup, police
routinely granted permits.

     c.  Freedom of Religion

Adherents of all faiths are free to worship without government
restriction.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Freedom of movement for ordinary citizens remained unimpeded,
but the authorities prohibited those under investigation for
corruption or security charges from leaving the country.

The Gambia continues to host approximately 2,000 Senegalese
refugees, and the AFPRC continued to work with the office of
the United Nations High Commissioner for Refugees (UNHCR), the
Gambian Red Cross, and other organizations in dealing with
refugees.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens do not have the right to change their government
through peaceful means.  The AFPRC exercises total power.  The
first decree issued by the AFPRC suspended legislative and
executive sections of the Constitution, including provisions
for Parliament and elections.  AFPRC Chairman Jammeh repeatedly
stated that Western democracy is inappropriate for The Gambia.
Four ministers of the 13 in the AFPRC Executive Council
(cabinet) are women.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The AFPRC indicated that international human rights concerns
are not appropriate for those suspected of corruption or
involvement in subversion, since they are considered
criminals.  However, the AFPRC granted the ICRC unsupervised
access to military and police detainees for one visit in
November.  Human rights advocates, including representatives of
the African Centre for Democracy and Human Rights Studies and
the International Commission of Jurists, attempted to open a
dialog but were largely ignored by the AFPRC.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

There is no officially sanctioned discrimination based on race,
sex, religion, disability, language, or social status.

     Women

Although four women were appointed to the Executive Council,
women face extensive discrimination in education and
employment.  AFPRC chairman Jammeh criticized women's rights
advocates, asserting that their advocacy promoted divisiveness.

Females constitute about one-third of primary school students
and roughly one-fourth of the high school enrollment.
Employment in the formal sector is open to women at the same
salary rates as men.  No statutory discrimination exists in
other kinds of employment, although women are generally
employed in endeavors such as food vending or subsistence
farming.  Shari'a law is usually applied in divorce and
inheritance matters.  Marriages are usually arranged, and
polygyny is practiced.  Women normally receive a lower
proportion of assets distributed through inheritance than male
relatives.

Domestic violence, including spouse abuse, is occasionally
reported but is not common.  Police respond when cases are
reported, and prosecute offenders if citizens file complaints.
The media report on cases under trial.

     Children

The care and welfare of children is considered primarily a
family responsibility.  Authorities intervene when cases of
abuse or maltreatment are brought to their attention.

The practice of female genital mutilation (FGM) is widespread
and entrenched.  Up to 60 percent of females may have undergone
this procedure in early youth.  Although found by health
experts to be both physically and psychologically damaging,
rural women strongly support the practice.  In 1993 village
women drove a prominent female FGM opponent from an upcountry
village for speaking against the custom.  The AFPRC has yet to
take a position on FGM.

Young male children in the care of Koranic teachers have
elicited significant concern.  These children, known as
Almudos, are put in the care of Koranic scholars for a period
of Koranic education.  Almudos are expected to beg for their
food and clothing as well as to support their teachers.  The
Ministry of Health and Social Welfare published a report on
Almudos and other street children in June.  The report details
hardships experienced by Almudos and recommends:  legislation
to regulate Koranic education, including a ban on placement of
children with traditional teachers; regional cooperation to
deal with the practice; and establishment of health and
nutritional services for Almudos and other street children.
The AFPRC has not reacted to the report.

     People with Disabilities

There are no statutes or regulations requiring accessibility
for the handicapped.

No legal discrimination against the physically disabled exists
in employment, education, or other state services.  Most
severely handicapped individuals subsist through private
charity.  Less severely handicapped persons are fully accepted
in society and encounter no discrimination in employment for
which they are physically capable.

Section 6  Worker Rights

     a.  The Right of Association

Labor law remains unmodified by the AFPRC regime.  The Labor
Act of 1990 applies to all workers except civil servants.  The
Act specifies that workers are free to form associations,
including trade unions, and provides for their registration
with the Government.  It specifically prohibits police officers
and military personnel, as well as other civil service
employees, from forming unions or striking.

Approximately 20 percent of the work force is employed in the
modern wage sector, where unions are normally active.  Roughly
30,000 workers are claimed as union members, or about 10
percent of the work force.  The Gambian Worker's Confederation
and the Gambian Workers' Union are the two main independent and
competing umbrella organizations.  Both are recognized by the
Government, but relations with the AFPRC were not tested.

The Labor Act of 1990 authorizes strikes but requires that
unions give the Commissioner of Labor 14 days' written notice
before beginning an industrial action (28 days for essential
services).  It prohibits retribution against strikers who
comply with the law regulating strikes.  Upon application by an
employer to the Supreme Court, the Court may prohibit
industrial action that is ruled to be in pursuit of a political
objective.  The Court may also forbid action judged to be in
breach of a collectively agreed procedure for settlement of
industrial disputes.

Because of these provisions and the weakness of unions, few
strikes occur.  Strike action was largely limited to a series
of slowdowns and wildcat strikes by sanitation workers in
greater Banjul to protest unpaid wages.  These were interrupted
by the July 22 coup did not resume.

Unions may affiliate internationally, and there are no
restrictions on union members' participation in international
labor activities.  The Gambia is not a member of the
International Labor Organization.

     b.  The Right to Organize and Bargain Collectively

The Labor Act of 1990 allows workers to organize and bargain
collectively.  Although trade unions are small and fragmented,
collective bargaining does take place.  Each recognized union
has guidelines for its activities specified by the appropriate
industrial council established and empowered by the Labor Act.
Union members' wages exceed legal minimums and are determined
by collective bargaining, arbitration, or market forces.  The
Labor Department registers agreements reached between unions
and management after insuring that the agreements are in
compliance with labor law.  No denial of registration has been
reported.  The 1990 Act also sets minimum contract standards
for hiring, training, terms of employment, wages, and
termination of employment.  The Act provides that contracts may
not prohibit union membership.  Employers may not fire or
discriminate against members of registered unions engaged in
legal union activities.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Criminal Code prohibits compulsory labor, and it is not
practiced.

     d.  Minimum Age for Employment of Children

The statutory minimum age for employment is 18.  There is no
compulsory education, and because of limited secondary school
openings most children complete formal education by age 14 and
then begin work.  Employee labor cards, which include a
person's age, are registered with the Labor Commissioner, but
enforcement inspections rarely take place.  Child labor
protection does not extend to youth performing customary chores
on family farms or engaged in petty trading.

     e.  Acceptable Conditions of Work

Minimum wages and working hours are established by law through
six joint industrial councils--Commerce, Artisans, Transport,
Port Operations, Agriculture, and Fisheries.  Labor,
management, and government are represented on these councils.
The lowest minimum wage is $0.94 (9 Dalasi) per day for
unskilled labor.  This minimum wage is not adequate to sustain
a suitable standard of living for a worker and family.  Only 20
percent of the labor force--those in the formal economic
sector--are covered by the minimum wage law.  The majority of
workers are privately or self-employed, often in agriculture.
Most Gambians do not live on a single worker's earnings but
share resources within extended families.

The basic legal workweek is 48 hours within a period not to
exceed 6 consecutive days.  A half-hour lunch break is
mandated.  In the private sector, the workweek includes four
8-hour workdays and 2 half-days (Friday and Saturday).
Government employees are entitled to 1 month's paid annual
leave after 1 year of service.  Private sector employees
receive between 14 and 30 days of paid annual leave, depending
on length of service.

The Labor Act specifies safety equipment that an employer must
provide to employees working in designated occupations.  The
Factory Act authorizes the Ministry of Labor to regulate
factory health and safety, accident prevention, and dangerous
trades and to appoint inspectors to ensure compliance with
safety standards.  Enforcement is spotty owing to insufficient
and inadequately trained staff.  Workers may refuse to work in
dangerous situations and may demand protective equipment and
clothing for hazardous workplaces.