Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

1. Article 1(1) of the Convention. Definition of discrimination. The Committee notes that the Constitution of Gambia contains provisions that provide in part for the application of Article 1(1) of the Convention. In particular it notes that article 28 of the Constitution provides that "women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities". This provision, however, makes no reference to the types of distinction that are prohibited nor to the direct or indirect nature of discrimination as detailed in the Convention. The Committee further notes that article 17(2) of the Constitution provides that "every person in Gambia, whatever his or her race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual". It notes that this provision appears to cover all the grounds under the Convention; however, the rights to which it applies include equality before the law (article 33(1)), freedom from discriminatory laws (article 33(2)) and freedom from discrimination by any person acting by virtue of law or in the performance of the functions of a public office (article 33(3)) but that there is no reference to freedom from discrimination in employment, nor to discrimination in practice apart from public officials. The Committee further notes that the Labour Code contains no provisions on discrimination or reference to grounds of discrimination. It notes from the Government’s report, however, that the Code is in the process of amendment. The Committee therefore would urge the Government to ensure that the new labour law includes a comprehensive definition of discrimination, to supplement the provisions in the Constitution, that recognises all the grounds in the Convention, and addresses both direct and indirect discrimination in equality of opportunity and of treatment in employment. It suggests that the Government consult the International Labour Office in this respect.

2. Non-nationals. The Committee also notes that the constitutional provisions on freedom from discriminatory laws do not apply to persons who are not citizens of Gambia (article 33(5)). The Committee emphasizes that it is not permissible to exclude non-citizens from the coverage of the Convention (General Survey, 1988, paragraph 17) and that the elimination of discrimination concerns both nationals and non-nationals. It also notes that although the Labour Code currently provides no protection from discrimination, it excludes from its scope of application the Civil Service, the Naval and Military Forces, the police and domestic workers. The Committee hopes that these categories of workers will either be included for protection under the revised labour law, or that other measures are taken to ensure their protection against discrimination. The Committee asks the Government to provide a copy of the draft legislation, and to keep the Committee informed of its progress.

3. Article 2. National policy to promote equality. The Committee notes from the Government’s report that there is a new national employment policy for 2003-08, but it is not clear whether this policy promotes equality in employment. It further notes from the report that there is the need for "nation-wide sensitisation and implementation" of the principle of equality. The Committee reminds the Government that the Convention requires that the Government declare and pursue a national policy designed to promote equality of opportunity and treatment, by methods appropriate to national conditions. The Committee therefore asks the Government to provide more information on whether the national employment policy promotes equality and, if not, when and in what manner it will develop and declare such a policy.

4. Access to vocational training. The Committee notes the statement by the Government that there is no discrimination in vocational training, employment and occupation on the basis of race, colour, sex, religion and political opinion, although in practice societal norms mean that men and women are trained in certain skills but not in others. The Committee asks the Government to provide information on the measures it is taking to reduce this indirect form of discrimination, which leads to occupational segregation, and any action it is taking to encourage both women’s and men’s access to non-traditional occupations. It also notes from the report that although education is provided free for girls to encourage parents to send girls to school, their education remains of secondary priority in rural areas. The Committee has previously noted that in so far as the completion of certain studies coming under the heading of general education is necessary to obtain access to a given employment, the problems relating thereto should not be overlooked in the application of Convention (see General Survey 1988, paragraph 78). The Committee asks the Government to keep it informed of its progress in improving access to both education and vocational training for all.

5. Article 3. Cooperation of social partners and promotional measures. The Committee notes that the Labour Advisory Board, set up under Part III of the Labour Code, may "consider and advise upon any proposed legislation affecting Labour or industrial relations" (section 17(a)). The Committee asks the Government to indicate in its next report whether the Labour Advisory Board has made recommendations for amendments to the Labour Code relevant to the application of this Convention, and also whether in practice the Board takes or can take promotional action to promote equality of opportunity and treatment. It also asks the Government to provide information on future public information campaigns or measures to promote girls’ education.