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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/3/Add.61 28 September 2000 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1992
GAMBIA
[20
November
1999]
GE.00-44697
(E)
CONTENTS
Paragraphs Page
Introduction 1 -
9 5
I. THE SOCIOPOLITICAL, LEGAL, JUDICIAL
CONTEXT/FRAMEWORK 10
- 58 6
A. Land and climate 10 - 14 6
B. Demographic profile
15 - 17 7
C. Urbanization 18 8
D. Age structure
19 9
E. Political and administrative structure 20 -
21 9
F. Local government 22 - 35 9
G. Social
organization/structure 36 11
H. Religion and culture
37 11
I. Ethnic composition 38 11
J. Household structure
39 - 40 12
K. Social practices 41 - 42 12
L. General Legal
Framework within which Human Rights
are Protected 43 -
50 12
M. Information and publicity 51 - 58 14
II. DEFINITION
OF A CHILD UNDER THE LAWS
OF THE GAMBIA 59 - 68 16
CONTENTS (continued)
Paragraphs Page
III. GENERAL PRINCIPLES
69 - 100 17
A. Article 2 - Nondiscrimination 69 -
76 17
B. Articles 3, 4, 5 and 21 - Principle of the best
interest
of the child 77 - 81 19
C. Article 6 - The right to life 82 -
96 20
D. Article 12 - The child’s opinion 97 - 100 22
IV. CIVIL RIGHTS AND FREEDOMS 101 - 117 22
A. Article 7 - Name and
nationality 101 - 108 22
B. Articles 13, 14, 15 and 17; section 25 of
the
Constitution - Freedom of expression, thought,
conscience,
religion and association 109 - 112 23
C. Article 23 - Disabled
children 113 - 117 24
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
118 - 144 25
A. Article 19 - Abuse and neglect 118 -
124 25
B. Article 9 - The right to nonseparation from parents 125 -
126 26
C. Article 10 - Family reunification 127 -
128 26
D. Article 27, paragraph 4 - Recovery of maintenance
for the
child 129 - 132 27
E. Article 20 - Protection of a child without a
family 133 - 138 27
F. Article 21 - Adoption 139 -
142 28
G. Article 39 - Physical and psychosocial recovery
and
social reintegration 143 - 144 29
CONTENTS (continued)
Paragraphs Page
VI. BASIC HEALTH AND
WELFARE 145 - 175 29
A. Article 24 - Health and health services 148
- 159 29
B. Articles 26 and 18, paragraph 3 - Social security and
childcare services 160 - 164 31
C. Article 27, paragraphs 13 -
Standard of living 165 - 168 32
D. Article 19 - Abuse and neglect
169 - 175 33
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 176 -
202 34
A. Education and the aims of education (arts. 28 and 29)
176 - 181 34
B. Education policy priorities and objectives 182 -
202 36
VIII. SPECIAL PROTECTION MEASURES 203 -
210 41
A. Article 40 - The administration of juvenile justice 203 -
208 41
B. Article 33 - Drug abuse 209 - 210 41
IX. CONCLUSIONS AND RECOMMENDATIONS 211 42
Introduction
1. The Republic of the
Gambia ratified the Convention on the Rights of the Child (CRC) on 3 August
1990. In consonance with her obligation
under the aforementioned Convention,
the Gambia is bound by law to provide an initial as well as a periodic report to
the Committee
on the Rights of the Child on the steps which it has taken to
ensure the fulfilment of the rights of the child.
2. This initial report
is part of the Government’s efforts at compliance with this obligation.
Having formulated its National
Plan of Action for the Survival, Protection and
Development of Gambian Children in 1992, in line with the goals and aspirations
of
both the Convention on the Rights of the Child and the Declaration and Plan
of Action of the World Summit for Children, the country
is poised to assess its
progress in the year 2000 towards the fulfilment of its 1990 promise to its
children.
3. This report will attempt to give an objective assessment and
analysis of the legal, judicial and administrative measures taken
by the Gambia
to ensure the attainment of the objectives of the Convention. It will analyse
the situation of the Gambia’s
children, using available data and
information as well as the existing policies and strategies designed to
facilitate progress.
The report has further highlighted the relationship
between the law and the realities of the Gambia.
4. The 1996 Constitution
of the Gambia marks a significant turning point in its social and political
evolution. It has been a source of inspiration for policymakers
and
stakeholders in social development, in that it has guaranteed the enjoyment of
the basic rights to life, development, participation
and protection from
exploitation. The lowering of the voting age from 21 years under the 1970
Constitution to 18 years under the new Constitution further demonstrates,
in part, a commitment to harmonize existing laws with the Convention. This is
especially so, noting the absence
of a consensus within the laws of the Gambia
on the definition of a child.
5. The articles of priority concern to the
Gambia, namely access to health, education, child protection and justice, have
been accorded
special attention to respond to the dictates of the Convention.
The intervention of Government, NGOs, United Nations agencies and
other
development partners in relation to children and the overall socioeconomic
development of the Gambia have assumed an unprecedented
pace in recent years.
The Women in Development Project, the National Environmental Action Plan, the
Strategy for Poverty Alleviation
Project, the Population Policy, the National
Education Policy, the National Health Policy and their respective components are
a clear
manifestation of these efforts.
6. However, the role of the media
in sensitizing the foremost beneficiaries of the Convention, that is the
children, must be underscored
as the first step towards effective nationwide
awareness of the Convention.
7. It must be noted that illiteracy,
political will, religion, traditional practices and the patriarchal system of
the Gambia are
among the major factors which may contribute to delay in
achieving certain goals and objectives set out in the Convention. The analysis
also focuses on a number of key indicators relating to the survival,
development, protection and participation of children to assess
the current
welfare of Gambian children, especially the girl child. These indicators
include infant mortality, child mortality,
maternal mortality, malnutrition,
population and family planning methods and life expectancy
trends.
8. Despite the positive gains made in social development, the
absence of an existing corporate body of laws that focus entirely on
children is
one of the main obstacles in the Gambia’s capacity to implement the
Convention. The Children and Young Persons
Act is not comprehensive enough to
accommodate all the provisions of the Convention. The Maintenance Act
discriminates against Muslim
children born out of wedlock. This scenario,
therefore, requires a concerted effort to revisit the institutional and legal
framework
to ensure a comprehensive strategy for the protection of
children’s rights.
9. This document is a testament of hope,
inspiration and a legacy for posterity or generations of children yet to be
born. It represents
a landmark of national efforts aimed at bridging recognized
gaps among the constitution, statutory laws, policies and programmes
of the
Gambia. The report is divided into two parts. Part I provides background
information on the Gambia and the context in which
the report is produced.
Part II has seven main chapters based on clusters of the Convention
articles and guided by the reporting
guidelines of the Committee.
I. THE SOCIOPOLITICAL, LEGAL, JUDICIAL
CONTEXT/FRAMEWORK
A. Land and climate
10. The Gambia, one of the
smallest countries in West Africa, with a subtropical climate, lies between
latitudes 13 and 14 degrees
north. A narrow strip of land about
400 kilometres long and 30 kilometres wide, it is surrounded on
three sides by Senegal and by
the Atlantic Ocean on the west. The surface
geology of the country consists almost entirely of nearly flat land with a few
hills
in the middle and eastern parts of the country.
11. Located in the
Sahel, the Gambia has a climate characterized by a short rainy season lasting
from June to October and a long dry
season lasting from November to May.
Rainfall ranges from 850 mm to 1200 mm and the average temperature
from 18 to 30 degrees Celsius
during the dry season and 23 to
33 degrees Celsius during the rainy season. Relative humidity has been
estimated at 68 per cent
along the coast and 41 per cent
inland during the dry season and generally about 77 per cent
throughout the country during the rainy
season. The Gambia has a total land
area of 10,689 square kilometres. Of the total land area, about
19 per cent consist of wetland.
12. Rainfall data dating back
to the 1950s show that until the late 1960s, rains were generally adequate. The
year 1968 marked the
beginning of successive years of drought, which persisted
into the 1970s and 1980s. Observed rainfall patterns over the years point
to a
declining trend in rainfall characterized by a rainfall decline in each month of
the rainy season with more pronounced declines
in the months of August and
September. Also observed is a decline in the length of the rainy season with a
shift in the onset of
the season from midJune to early July.
13. Over the
past two decades, the Gambia has witnessed a rapid rate of desertification
unprecedented in the country’s history.
This phenomenon can partly be
attributed to the fact that the carrying capacity of the land has been exceeded
due to increases in
both human and animal populations. Population increase had
led to increased demand for food and housing. Efforts at meeting these
demands
has led to the destruction of vegetation and our forest cover as a result of
overgrazing, bush fires, deforestation and poor
agricultural practices. Another
contributing factor to desertification is adverse climate conditions which have
led to the continued
degradation of the soil and vegetation cover and hence
desertification, which all culminate in the degradation of the physical and
biological environment of the country. The northern part of the country
bordering northern Senegal is more affected by desertification
than the
south.
14. Three decades of drought leading to low and uneven rainfall
distribution have caused a sharp decline in agricultural production
and
therefore rural income levels. As agriculture is the main source of employment
and food supply for the rural population (63
per cent of the
population of the Gambia), the decline in production has both social and
economic consequences for the country.
This has led in the recent past to
acceleration in rural to urban migration, an increase in the incidence of
poverty, and has also
adversely affected the state of food security.
B. Demographic profile
15. The Gambia has one of the highest annual
population growth rates (4.2 per cent) in subSaharan Africa. For
instance, the 20year
period, 19631983, the size of the population doubled.
Moreover, according to the results of the 1993 census, the size of the
population
reached the 1 million mark, which is more than a threefold
increase from 1963. These high population growth rates can largely be
explained
by the persistently high fertility rate, improvements in mortality and a high
level of migration. However, it is noteworthy
that the growth rate of about
5 per cent for 1973 should be treated with caution. This unusually
high growth rate can be attributed
to the undercount in the 1963 census (see
table 1 below).
16. Table 1 also shows that except in 1983,
when females were slightly predominant, both the 1963 and 1973 censuses showed a
preponderance
of males. The phenomenon of more males in the total population
can be explained by sexselective migration, that is, more males migrate
than
females. However, in 1993, there was no significant difference in population
size by gender. If the national growth rate of
4.2 per cent per annum
is maintained, it is estimated that the Gambia’s population will reach
1.2 million in 1996.
Table 1. Population growth rate by sex, 19631996a
Male
|
Female
|
Total
|
Rate of growth (% per annum)
|
|||
Male
|
Female
|
Total
|
||||
1963
|
160 840
|
154 637
|
315 586
|
-
|
-
|
-
|
1973
|
250 386
|
243 113
|
493 499
|
4.5
|
4.6
|
4.6
|
1983
|
342 134
|
345 683
|
687 817
|
3.2
|
3.6
|
3.4
|
1993
|
519 950
|
518 195
|
1 038 145
|
4.3
|
4.1
|
4.2
|
1996a
|
591 542
|
586 019
|
1 177 561
|
4.3
|
4.1
|
4.2
|
Source: Central Statistics Department.
a
Estimates based on the 1993 growth rate.
17. Other relevant demographic
and socioeconomic indicators are shown below:
Population by sex
|
|
|
|
Population change 1983-1993
|
||||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Total
|
(‘000)
|
1 038
|
|
Pop. increase
|
(‘000)
|
688
|
||||||||||||||
Male
|
(‘000)
|
519
|
|
Births
|
(‘000)
|
40 per yr.
|
||||||||||||||
Female
|
(‘000)
|
518
|
|
Deaths
|
(‘000)
|
18.7
|
||||||||||||||
Sex ratio
|
(‘000 females)
|
98.9
|
|
Net migration
|
(‘000)
|
7.2
|
||||||||||||||
Women aged 15-49 years
|
(‘000)
|
244
|
|
|
|
|
||||||||||||||
Pop. in year 2000
|
(‘000)
|
1 202
|
|
|
|
|
||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Population by age group |
|
|
|
Rate of annual change (%)
|
||||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Age 0-17
|
(in 000)
|
521
|
|
Total population
|
|
4.2%
|
||||||||||||||
Percentage aged 0-17
|
|
50.2%
|
|
Urban population
|
|
6.2%
|
||||||||||||||
Age 18-64
|
(in 000)
|
468
|
|
Rural population
|
|
2.7%
|
||||||||||||||
Percentage aged 18-64
|
|
53.1%
|
|
Crude birth rate (per 1 000)
|
46.2
|
|||||||||||||||
Youth aged 15-24
|
(in 000)
|
207
|
|
|
|
|
||||||||||||||
Percentage: Youth aged 15-24
|
20%
|
|
|
|
|
|||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Population by area of residence
|
|
|
|
|
||||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Urban
|
(‘000)
|
385
|
|
|
|
|
||||||||||||||
Proportion urban
|
|
37%
|
|
|
|
|
||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Rural
|
(‘000)
|
653
|
|
|
|
|
||||||||||||||
Proportion rural
|
|
63%
|
|
|
|
|
||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Life expectancy (years)
|
|
|
|
|
|
|
||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Male
|
58.3
|
|
|
|
|
|
||||||||||||||
Female
|
60.0
|
|
|
|
|
|
||||||||||||||
Total
|
9.3
|
|
|
|
|
|
||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Population density
|
|
|
|
GNP
|
|
|
||||||||||||||
|
|
|
|
|
|
|
||||||||||||||
Person/sq km
|
97
|
|
|
Per capita (US$)
|
320
|
|
||||||||||||||
|
|
|
|
(Human Development Report 1997)
|
C. Urbanization
18. The Gambia is becoming urbanized at an alarming rate. According to the
adopted urban definition for the 1993 census, 37 per cent
of the
population are living in the urban areas. The urban annual growth rate was
6.2 per cent in 1993 compared with 3.2 per cent
for the
rural areas. This rapid urban growth has its attendant problems such as
inadequate and poor housing, unemployment, poverty
and squalor, and the lack of
essential services like electricity etc.
D. Age structure
19. The Gambia’s population can be described as “young”
because of the low median ages of 18.4 and 17.9 years, respectively,
for 1983 and 1993. On the whole, there is no significant difference in the
median ages by gender for the 1983 and 1993 censuses.
According to the 1993
census, 44 per cent of the population were under 15 years,
50.4 per cent were under 18 years, 16.2 per cent
were
under 5 years and 3.2 per cent were 65 years and above. The
large proportion of children in the population has socioeconomic
implications
for the provision of basic health services for children and the opportunity cost
of childrearing, especially for working
mothers. All these translate into a
high dependency ratio for the working population.
E. Political and administrative structure
Historical perspective
20. Until February 1965, when the
Gambia became independent, it had been a British colony for nearly
300 years. It acceded to republican
status in April 1971. As a
prelude to its independence, a new constitution with universal adult suffrage
was introduced in 1962,
according both women and men who had attained the age of
21 years the right to vote. The Gambia practised multiparty democracy with
an enviable human rights record. Elections were held every
five years.
21. Until 22 July 1994, the republican
Constitution vested the legislative functions of the country in a Parliament
comprising a speaker, 36 elected members, 5 chiefs and 9 members
nominated by the President. The executive arm of Government was composed of the
Cabinet, chaired by the President of the Republic,
the VicePresident, who was
also responsible for women’s affairs, 13 ministers, who were also
members of Parliament, and the
SecretaryGeneral, also the head of the Civil
Service. Recognizing the special needs of the country’s youth and the
importance
of sports and culture in the overall national development, youth,
sports and culture were detached from the Ministry of Education
to form a new
Ministry to take responsibility of youth concerns, among others.
F. Local government
22. Divisional commissioners were responsible for the administration of the
five divisions (Western, Lower River, North Bank, Central
River and Upper
River) and the two municipalities, Banjul and Kanifing, were administered by an
elected mayor and chairman, respectively.
Each of the divisions was subdivided
into districts headed by chiefs, under who were subordinate village heads known
as alkalolu.
23. Although there was no legislation discriminating
against women as far as national politics were concerned, societal mores, lack
of awareness and the low status of Gambian women militated against them
politically. Owing to the patriarchal nature of the society,
women perceived
themselves as supporters of, rather than active participants in
politics.
24. During the 30 years of the Gambia’s political
history, only one woman ever contested and won in a parliamentary election.
Over the years, a few women were nominated as members of Parliament and between
1982 and 1987 the first female Minister of Education
(who later became Minister
of Health and Social Welfare) was appointed by the President.
25. There
were neither female commissioners nor chiefs though females form
50.8 per cent of the local population. The result was
that the
presence of women, the majority of the population, was not felt at the
decisionmaking level.
26. At the village level, females had virtually no
voting rights in elections for chief and alkalo because only compound
owners were eligible to vote and very few women, if any, owned compounds at the
village level. Nominations
for chief and alkalo were done by divisional
commissioners, who were all men. Selection criteria included heredity,
popularity within the community,
as well as political affiliation. During that
time, only three females served as alkalolu.
27. In response
to the international call for the integration of women in the national
development processes, an Act of Parliament
in 1980 established a National
Women’s Council comprising 31 women from all over the country. The
Council was mandated to
serve as an advisory body to Government on issues
affecting women. A Women’s Bureau, headed by an executive secretary, was
also set up to execute the policy decisions of the council.
28. Whilst
the Bureau and the Council have provided an opportunity to empower women and to
professionally address women’s concerns,
the National Women’s
Council has been politicized over the years resulting in a loss of focus.
Instead of using the Council
to transform the society in favour of women, it
became the propaganda machinery of the Government of the day. Since its
inception
in 1980, the Women’s Bureau has also been faced with a number of
staffing and logistical problems, making it difficult for
the Bureau to fulfil
its mandate.
29. Presently, the Bureau is without leadership and is being
overseen by the Women in Development (WID) Project Manager, who has to
do this
in addition to his other responsibilities. In addition to these hurdles,
Government has redesignated the title of the head
of the Bureau and the deputy
from Executive Secretary and Deputy Executive Secretary to Director to bring the
position into line
with other departments.
30. On a more positive note,
Government has made provision to absorb all project personnel in the Bureau with
the phasing out of the
WID project. With regard to the National Women’s
Council, Government has raised the subvention for allowances of councillors
from
D 90,000 in 1995/96 to D 300,000 in 1996/97. As part of the
postBeijing activities, it is also envisaged to train women councillors
on group
management and leadership skills.
31. On 22 July 1994, a new
chapter opened in the Gambia’s political history, when the Armed Forces
Provisional Ruling Council
(AFPRC) assumed the reins of Government. The country
was ruled by the military (AFPRC), assisted by Cabinet ministers most of whom
were civilians. The fourman council was made up of the Chairman, who was also
the head of State, a ViceChairman, who was also the
Minister of Defence, and two
other military officers, also responsible for the Ministries of the Interior and
Local Government.
32. A twoyear transition period was drawn up to return the
country to democratic rule by 1996. During the AFPRC transition era, the
portfolio of Women’s Affairs was removed from the Office of the
ViceChairman and merged with Ministry of Health and Social
Welfare with the
position of Minister held by a female. The portfolio of Culture was also
removed from the Ministry of Youth and
Sports to the Ministry of Tourism, also
with a female minister. The position of Minister of Education was also held by
a female,
as was the acting Minister of Justice during the latter part of the
transition period.
33. Administration of the divisions and the two
municipalities was in the hands of military officers who acted as divisional
commissioners,
Mayor of Banjul and Chairperson of the Kanifing Municipal
Council, Chiefs and alkalolu continued to discharge their
responsibilities at the district and village levels of
administration.
34. In December 1996, the transition period was
brought to a successful end ushering in the Second Republic. Females
constituted
54.8 per cent of total registered voters during the
elections that led to the Second Republic; however, there were no female
presidential
candidates. This may partly be explained by the cultural belief
that only men are capable of leading. The only female who contested
a National
Assembly seat lost to a male, perhaps for the same reason.
35. The
Constitution of the Second Republic vests the legislative functions of the
Government to the National Assembly, comprising 45 elected members
and 4 members
nominated by the President. The executive branch of Government is headed by the
President, who is also the CommanderinChief
of the Armed Forces, the Vice
President, who is currently female and also the Secretary of State for Health,
Social Welfare and Women’s
Affairs, 11 other Secretaries of State (3 of
whom are women) who are not members of the National Assembly, and a Speaker or,
in his
absence, a Deputy Speaker, also currently female. To date there is no
female chief but there are 5 female alkalolu out of more than
1,800.
G. Social organization/structure
36. The Gambia, like many African countries, is a multiethnic nation with distinct sociocultural characteristics, but with some common social affinities brought about by religion and interethnic marriages. This augurs well for social cohesion and national unity, for which the Gambia is well known.
H. Religion and culture
37. Different value systems exist for different ethnic groups. Although the
Gambia is a secular State, about 95 per cent of the population
is
Muslim. Christianity and other religions account for about
5 per cent. Traditional norms and value systems are influenced by
Islamic principles. Often, the understanding of the role and status of women
and children in traditional Gambian society demands
an awareness of the
entrenched social attitudes and values.
I. Ethnic composition
38. According to the 1993 Population and Housing Census the main ethnic
groups in the Gambia are Mandinka (39.5 per cent), Fula
(18.8
per cent), Wollof (14.6 per cent),
Jola (10.6 per cent), Sarahuleh (8.9 per cent), Serere
(2.8 per cent), Aku (1.8 per cent),
Bambara
(0.7 per cent), etc. Concentration of this large number
of peoples in a small land area of about 11,000 sq km is explained by
the
historical developments that took place within the subregion in the
nineteenth century and the recent past. These include expansion
of the Mandin
empires, the Atlantic slave trade and general migratory trends that made the
Gambia River Basin a destination for different
ethnic groups.
J. Household structure
39. In general, Gambians live in large households ranging from about
6 persons in the urban areas to about 13.6 persons in the rural
areas.
These large household sizes are reflective of the extended family system.
According to the 1993 census about 29 per cent
of households are
nuclear as against the 54 per cent that are extended and the
16 per cent composite. In the rural areas, the extended
family system
accounts for 59 per cent of the households compared to the 25 and
15 per cent of households for nuclear and composite
families,
respectively. In traditional Gambian society there exists the kabilo
system, which is a cluster of households that generally have biological/social
links, usually with an elderly male as the head of
the cluster.
40. An
important feature of Gambian households are inter and intrahousehold transfers
of resources as a coping strategy for subsistence.
According to the 1993
Household Economic Survey, nationally about 4 per cent of total
household income are interhousehold transfers.
The absolute range was
D 36.00 per capita per annum for medium groundnutfarming households and
D 242.00 per capita per annum for
households headed by someone not in the
labour force.
K. Social practices
41. Early marriage is a widespread practice in the Gambia. Although age at
first marriage has been increasing over the years, it
is still a problem that
has to be tackled if the welfare of women and children is to be enhanced. In
1993 the mean age at first
marriage increased to 19.5 years compared with
18.2 years in 1983. Early marriage is one of the most important limiting
factors
for increasing the girl child’s education, subsequent skill
development, employment and income. It limits the social choices
of women.
Other ills associated with early marriage are high infant and maternal morbidity
and mortality, large family sizes and
subsequent impoverishment. Although there
has been an increase in age at first marriage, there is still a need for more
sensitization
on the subject, especially in certain localities, which have seen
a negligible increase in the age at first marriage.
42. Female genital
mutilation is also widely practised in the Gambia. Although its social and
health hazards are being continuously
exposed, the practice is still widespread.
This is mainly due to confusion over the messages emanating from different
sources. Some
of these are misconceptions based on religion. More
sensitization on the ills of FGM is needed if the elimination of the practice,
as agreed by WHO and UNICEF, is to be attained.
L. General legal framework within which human rights are protected
43. The legal system is based on the received
English law, which is common law and equity. Customary practices and the
shariah also
form part of the legal system. The judicial powers of the Gambia
are vested in the courts. These include the superior courts comprising
the
Supreme Court, the Court of Appeal and the High Court. The subordinate courts,
consisting of the magistrates courts, the cadi
courts, district tribunals and
such other courts as may be constituted by law. The cadi courts have
jurisdiction to apply the shariah
in matters relating to Islamic marriages,
divorce and inheritance.
44. The Chief Justice, who is appointed by the
President, is the head of the judiciary. He is assisted by the Attorney General
and
the Secretary of State for Justice who is also appointed by the President.
Currently, the Attorney General is a female, who serves
as a Principal Legal
Adviser to the Government and has the right of an audience in all courts in the
Gambia.
45. In the exercise of their judicial functions, the courts, the
judges and other stakeholders in the judicial system are independent
and are
subject only to the Constitution, which is the supreme law of the land, and
other laws that apply in the country.
46. The main collaborative
institution for the protection and enjoyment of human rights is the Attorney
General’s Chambers.
The private bar also has a vital role in ensuring
that private citizens have access to the courts, in order to address incidents
of human rights violations.
47. The Constitution further guarantees the
enjoyment of these rights to all Gambians and people living in the Gambia.
Chapter 4 of the Constitution is entirely devoted to the fundamental rights and
freedoms and the judicial remedies that are available for redressing their
violation.
Compensation for damages has been awarded to various petitioners
against the police, the executive and other public bodies for violations
of
their human rights. Civil liberties have been restored on a number of occasions
arising from unlawful detention, false imprisonment
and so
on.
48. However, the enjoyment of these rights is not absolutely
guaranteed in periods of national emergency as well as in times of civil
strife
or other forms of conflict. Despite domestic recognition of international human
rights instruments, the individual enjoyment
of these rights is subject to the
cultural norms and values.
49. In the application of Gambia’s
municipal laws, conformity to the international human rights conventions and
treaties to
which it is signatory is ensured. As such, in the event of conflict
between municipal law and the international legal instruments,
the latter often
prevail. The case of Garrision v. the Attorney General (1992) where
recourse was made to the provisions of the Universal Declaration of Human Rights
and the African Charter on Human and
Peoples Rights, is a case in
point.
50. The Gambia hosts both the African Commission on Human and
Peoples’ Rights and the African Centre for Democracy and Human
Rights
Studies. However, there is as yet no national human rights institution
specifically charged with the responsibility of monitoring
the implementation of
the human rights conventions, including the incidents of human rights
violations. There is an emerging corps
of human rights NGOs, such as Amnesty
International Gambia Branch, Defence for Children International (Gambia Branch)
and the International
Society for Human Rights.
M. Information and publicity
1. Article 42 - Publicity
about the principles and provisions of the Convention
51. The Convention has yet to attain the status of a household name, which is
the desired objective of the Gambia as a State party
to it. However, national
and international institutions, including the United Nations agencies, continue
to assist in this regard
by promoting the participation of children and young
persons in the implementation of various activities affecting their development.
Such activities include the sponsorship of local competitions for children and
printing pamphlets and other visual materials that
serve as constant reminders
to many literate Gambians about children and their rights.
52. The
Population and Family Life Education Curriculum will significantly raise the
awareness of children about population, health,
vocational education, gender and
concerns about the environment and reproductive health, once it is launched in
1998.
53. In view of the fact that the Gambia has a relatively low level
of adult literacy (25 per cent of female and 53 per cent of
males,
according to the Central Statistics Department, 1993), greater efforts
will be required to increase awareness of the Convention using
literacy
programmes as vehicles for information and dissemination.
54. The recent
upgrading of Radio Gambia and the introduction of television services to provide
nationwide coverage constitute important
national benchmarks towards the
fulfilment of the Gambia’s obligation to increase the access of its people
to information.
The improved communication services are now being used
predominantly for health and environmental awareness and the promotion of
education and other civic rights and responsibilities. Target groups in the
rural areas, which hitherto could not be reached, are
now readily accessible
through these media.
55. The use of local languages in adult literacy
programmes has created increased awareness of and demand for post-literacy
training,
linked to life skills development. Furthermore the use of these
languages at the formative stages of pre-primary and primary education
will be
even more efficacious for the attainment of education for all, albeit not by the
year 2000.
56. Schools Broadcasting, children’s TV programmes,
family life education, social studies lessons and civic studies provide
important avenues for ensuring the widest publicity and awareness of the
Convention. The Schools Broadcasting programme in particular
needs
revitalization, in the context of the revised education policy. Such a
nationwide sensitization initiative for children will
have the added advantage
of opening a dialogue on all key components and sectors affected by the
Convention. Dialogue already exists
on some aspects of the Convention,
including:
(a) The provision of free and compulsory primary
education;
(b) Age and sexual consent at marriage;
(c) The
elimination of exploitation of domestic servants;
(d) The provision of
informal skills training or apprenticeships, particular for women and
girls;
(e) The need for greater male participation in agricultural
production; and
(f) Civil rights and freedoms in relation to the
child’s opinion and parental rights to discipline them.
2. Articles 4, 42 and 44, paragraph 6
57. The Constitution of the Second Republic of 1997 has made attempts to
address some of the requirements of the Convention. In considering legislation
affecting children in the Gambia, one is confronted with several economic,
social, cultural and religious problems. Since the Convention
and other
international instruments envisage a full and complete harmonization of domestic
law and policy, the Government should
initiate a complete review of the
following legislation:
The Children and Young Persons Act, Cap 45 Laws of the Gambia 1990;
The Maintenance of Children Act, Cap 44:03 Laws of the Gambia;
The Criminal Code, Cap 10 Laws of the Gambia;
The Education Act, Cap 46.03 Laws of the Gambia.
58. Sectoral policies such as the National Education Policy (1988-2003)
and the National Health Policy (1994-2000) have built-in mechanisms
at the
national level for the coordination of their policy objectives, as well as the
monitoring of their implementation. However,
what is lacking is a multisectoral
monitoring and implementation agency for purposes of ensuring compliance with
the entire Convention
on the Rights of Children. It is therefore recommended
that a National Commission for the Rights of Children be set up as a public
institution with a secretariat which shall have mandate to:
(a) Ensure
awareness of the existence of the Convention on the Rights of the Child as an
instrument of policy;
(b) Coordinate the work of public agencies dealing
with children to ensure their compliance with the provisions of the
Convention;
(c) Assist them in formulating plans and mechanisms for
implementing child-related policies and for monitoring the implementation
of the
Convention; and
(d) Ensure institutional support for public and
non-governmental organizaitons seeking to achieve the aims, objectives and goals
envisaged in the Convention.
II. DEFINITION OF A CHILD UNDER THE LAWS OF THE GAMBIA
59. This discussion on the definition of a child
will further throw light on the measures which need to be taken to harmonize
domestic
laws and policy with the Convention. It is to be noted that the
legislation affecting children as contemplated by the Convention’s
definition of a child varies in nature and scope.
60. There is no
standard definition of a child in the laws of the Gambia. Several domestic laws
dealing with children have different
age limits for children. The Constitution,
which is the supreme law, states under section 39 (1) that: “Every
citizen of the Gambia being of eighteen years or older and of sound mind
shall have the right to vote for
purposes of elections”.
61. There
is no consensus on the definition of a child to cover such concerns as the end
of the compulsory/basic cycle education,
labour laws relating to full/part-time
employment, minimum age at marriage, minimum age of enlistment in the armed and
police forces,
age of criminal responsibility, deprivation of liberty,
imprisonment, consumption of alcohol or other controlled substances, medical
counselling without parental consent. These need harmonizing with the
conventional definitions, which state that a child “is
a person under the
age of 18 years.”
62. There are a number of compelling reasons for
having a uniform definition of a child under the Convention. If we are to rely
on
the Convention and similar international legal instruments, the age of 18 is
the universally acceptable age of majority. Some important
laws of the Gambia,
however, seem to differ. Efforts must be made to harmonize these laws with the
Constitution. It can equally be argued that since the Constitution is more
recent than some of these laws, it should take precedence.
63. The above
legislation is interrelated given the fact that if 16 is set as the minimum age
at which any child can leave school,
there will be little room for child labour
and other forms of economic exploitation. Apprenticeship between the ages of 16
and 18
would still serve as a period of continuing education. Similarly, if the
minimum age of marriage is stipulated as 18 this will help
reduce the high
maternal mortality rates among teenagers.
64. The Children and Young
Persons Act, Cap 45 Laws of the Gambia, for example, defines a young person as:
“A person who has
attained the age of fourteen years and is under the age
of seventeen”. This law makes provision for the welfare of the young
and
the treatment of young offenders and for the establishment of juvenile
courts.
65. A similar age limit is found in the Criminal Code, Cap 10
Laws of the Gambia, where a child is defined as: “A person below
fourteen
years of age”. This is further qualified by the other age limits in the
same Criminal Code, with 7 and 12 years being
set for the age of criminal
responsibility based on knowledge and understanding of a wrongful act or
omission.
66. The Maintenance of Children Act, Cap 44:03 Laws of the
Gambia 1990, which makes provision for the maintenance of children, defines
a
child as a person who is below 21 years old, or younger, if married, unless it
appears to the Court that:
(a) The child is or will be receiving
instruction at an educational establishment or is undergoing training for a
trade, profession
or vocation, whether or not he is also or will also be in
gainful employment; or
(b) There are special circumstances including
that the child is permanently disabled and will need care throughout its
life.
67. Section 127 (1) of the Criminal Code also makes any person
unlawfully convicted of carnal knowledge of any girl under the age
of 16 years
guilty of a felony and liable to imprisonment for a term of 14
years.
68. Section 23, subsection (2), of the Armed Forces Act, Cap 19
Laws of the Gambia, further provides that: “Where a person
enlisting has
not attained the age of eighteen years, his period of enlistment shall commence
from the date he attains the age of
eighteen years”. The legislation also
requires amendment so that any person below 18 should not be enlisted in the
armed forces.
This is a prudent suggestion given the tendency in some trouble
spots within the subregion where child soldiers are becoming a common
phenomenon. There is much evidence that tends to show the wisdom of adopting
the age limit of 18 years for the purpose of defining
a child in all the laws of
the Gambia. Based on the constitutional minimum voting age of 18, it is
desirable that all persons below
18 be classified as minors, thus establishing
for all intents and purposes the age of 18 as the age of majority.
III. GENERAL PRINCIPLES
A. Article 2 - Non-discrimination
69. Chapter IV of the
Constitution of the Gambia of 1997 deals with the protection of fundamental
rights and freedoms of every person (sects. 17-33 inclusive). Section 33 (1)
has a binding effect on all Gambians by restating in unequivocal terms
that:
“All persons shall be equal before the law. Section 33 (2) however
attempts to qualify the above statement as follows: subject to the provisions
of Subsection (5), no law shall make any
provision, which is discriminatory
either of itself or in its effect. The term discrimination is constitutionally
defined in subsection 4 of section 33 as affording different treatment to
different persons attributable wholly or mainly to their respective descriptions
by race, colour,
gender, language, religion, political or other opinion,
national or social origin, property, birth or other status.”
70. It
is evident that the Constitution did not completely satisfy the criteria set out
in article 2 of the Convention in relation to elimination of all forms of
discrimination
against children. National laws which sanction discrimination on
the basis of citizenship or qualifications for citizenship are
a case in
point.
71. Special mention must be made of the girl child in relation to
the patriarchal realities of the Gambia. There is greater willingness
and
accommodation for the male child than the female child in relation to the
enjoyment of these rights. Special emphasis should
be made on sensitization for
the purpose of protecting her rights under the Convention.
72. Refugee
children or children of certain illegal aliens continue to face discrimination
based on the origin of their parents or
guardians. Section 33, subsection 5
(a), of the Constitution clearly affirms this position. Similarly, subsection 5
(c) and (d) of the same section further exclude matters of personal law such as
adoption, marriage, divorce, devolution of property
on death or other
matters.
73. This departure from the spirit of article 2 is restrictive
and an obstacle to the achievement of the objectives of non-discrimination.
The Constitution of the Gambia is the foremost legislation that imposes such a
restriction in the qualifying provisions of section 33. The personal laws of
the Gambia are mainly Islamic laws and customs. Far-reaching implications exist
where conformity with article
2 requires changing of laws which are considered
immutable. There is further evidence of the entrenchment of section 33 and the
entire chapter IV of the Constitution as far as amending provisions of the
Constitution are concerned (see section 229 (1), (2), (4) and 7 (e) of the
Constitution).
74. Discrimination against the girl child in matters of
inheritance or predetermined share of property on death is also a gender-based
practice under the Muslim personal laws of the Gambia. Legal adoption under the
Adoption Act of 1992, Act No. 15 of 1992, is, however,
satisfactory. Customary
practices and not laws tend to be the predominant form of adoption with the full
recognition of the supervisory
authority of the adopting parent over the child.
The State Department of Social Welfare also has a pivotal role in ensuring
compliance
with the provisions of the Act in all applications for legal
adoption.
75. Marriage and age of marriage are another aspect of personal
and customary laws of the Gambia. There is strong discrimination
against the
girl child as compared to her male counterparts with respect to age of marriage.
While there is no doubt that male children
tend to get married well beyond their
twentieth birthday, it is common practice to marry a girl child below the age of
15 usually
between the ages of 12 and 17 years. Although solemnization may not
take place simultaneously with the consummation, many of these
marriages are
consummated before the girl reaches the age of 16, especially in rural areas.
It is to be noted also that males tend
to enjoy the freedom to determine the age
at which they marry as well as to choose their marriage partners.
76. The
Women’s Bureau reveals that discrimination is an ethnic-based problem in
most parts of the Gambia, prevailing among
the Fula, Mandingo and Sarahuleh
communities. Illegitimate children or children born out of wedlock are definite
targets of discrimination.
Even if they are cared for under the Maintenance of
Children Act, they are often denied inheritance to the estate of the fathers.
Islamic law sanctions this practice in much the same manner as customary law.
Any attempts to legislate on the above-mentioned
laws and customs need more than
just outline legislative policy, there must be a political commitment and the
will for the Gambia
to exercise its right as a State party.
B. Articles 3, 4, 5 and 21 - Principle of the best interest of the child
77. The principle of the best interest of the child
is a phenomenon of varied dimensions in the Gambia context. However, it is
important
to observe that legislative measures abound for the benefit of the
judicial and other law enforcement agencies. The principal legislative
enactment include:
The Children and Young Persons Act, Cap
44.83;
The Maintenance of Children Act (No. 11 of 1988);
The
Wills Act, 1992, Act No. 15;
The Matrimonial Causes Act,
1986;
The Criminal Code, Cap 10;
The Adoption Act (Act No. 15 of
1992).
78. The protection afforded to children in the above laws, despite
their inadequacies, clearly demonstrates a commitment to protect
the best
interest of the child. Under the Children and Young Persons Act, the
administration of juvenile justice is premised on
special protective measures
for children who lack parental care, are neglected or abused, or lack a proper
home environment for their
emotional, physical and social well-being. The
Maintenance of Children Act is similarly concerned with the general welfare of
children,
especially children of broken marriages, illegitimate children, or
even children who lack proper parental care. However, a court
is expected to
provide maintenance for such children commensurate with the standard of living
to which they will be entitled, having
regard to the status of their parent.
Both parents could be the subject of a maintenance order. However, a major
drawback in this
area is the Islamic law of personal status. The Islamic courts
have continued to play a vital role in providing maintenance for
children born
to Muslim parents.
79. In divorce proceedings before the cadi courts, as
they are commonly known, the best interest of the child is not always the
criterion
for granting custody to either parent, especially the mother. Age and
sex seem to be crucial factors in determining which of the
parents should have
custody of a child. A male child below the age of seven and a female below nine
years are almost invariably
left in the custody of the mother. Once they attain
this age, they are likely to be transferred to the custody of the father. The
customary courts or district tribunals established under the District Tribunal
Act, Cap 6:03 Laws of the Gambia, adopt similar practices
as they apply a
combination of customary and Islamic law. A child may be vulnerable to abuse,
neglect and lack of proper care and
attention, especially children in custody of
the male party and
stepmothers. Another aspect of the problem is the
tendency of some mothers to misuse the financial provisions made under
maintenance
orders for purposes which do not reflect the best interest of the
child as the principal beneficiary.
80. The Department of Social Welfare
is a public institution which plays an important role in ensuring that
maintenance is provided
for children from vulnerable groups. Even though it
lacks institutional capacity in terms of sufficient manpower, it has continued
to provide technical services for children. The Department tries to act as an
honest broker to secure agreements between warring
parents on issues to do with
maintenance, access and custody for children.
81. Harmonization of the
Maintenance of Children Act and the Islamic and customary laws is necessary for
the realization of the best
interest of the child. Section 29 (1) of the
Constitution reads: “Children shall have the right from birth to a name,
the right to acquire nationality and, subject to legislation enacted
in the best
interest of children, to know and be cared for by their parents.”
C. Article 6 - The right to life
82. Section 18 (1) of the Constitution of the Gambia
provides for the protection of the right to life in the following terms:
“No person shall be deprived of his
or her life internationally except in
the execution of a sentence of death imposed by a court of competent
jurisdiction in respect
of a criminal offence for which the penalty is death
under the laws of the Gambia as they have effect in accordance with subsection
(2) and of which he or she has been lawfully
convicted”.
83. Juvenile offenders or young persons may be
subjected to the death penalty if they commit serious offences that ordinarily
carry
the death penalty. They may, however, be detained in custody pending the
exercise of the prerogative powers of the executive President
of the Gambia.
Section 11 (1) of the Children and Young Persons Act states that: “no
child shall be ordered to be imprisoned”.
84. Young persons may be
imprisoned if they cannot be suitably dealt with through probation or fine.
They may also be imprisoned
provided they do not associate with adult prisoners.
However, the death penalty should not be applicable to children or young persons
absolutely and the Death Penalty Restoration Decree, 1995 (Decree No. 52/95)
should be amended to reflect this view.
85. The Criminal Code has a
number of protective provisions for the preservation of the life of children as
vulnerable members of
society. This ranges from conception to birth, through
infancy to adolescence.
86. It is a criminal offence to abort a child
under section 140 of the Criminal Code. Infanticide is an offence carrying a
maximum
penalty for manslaughter and the offence of child destruction is also
punishable with imprisonment for life. Sections 197 and 198
of the Criminal
Code refer. Sections 18, 19 and 20 of the Criminal Code also impose a duty of
care on persons in charge of others;
heads of families and “masters”
are required to provide for their dependents, apprentices and children under the
ages
of 14 and 16, respectively.
87. Defilement of girls under 16 years
and the offer of permission by a head of household of such an offence on girls
below 13 years
carry a maximum of 14 and 5 years’ imprisonment,
respectively. Section 127 (1) and 131 of the Criminal Code are the relevant
provisions. However, under customary laws the marriage of a girl as young as 13
and the consummation of such a marriage is not regarded
as a criminal
offence.
88. Desertion of children below the age of 14 and neglecting to
provide food to any child of tender age are serious offences under
the Criminal
Code and so is child-stealing, which is a felony punishable with imprisonment of
up to seven years on conviction (see
sections 155, 156 and 157 of the Criminal
Code). The above and similar provisions in the Criminal Code clearly show a
commitment
to protect children from wilful and abusive conduct and omissions by
adults who are legally obliged to care for them.
89. The Department of
Social Welfare, while acknowledging the law with regard to punishment of
offenders under the Criminal Code in
this regard, tries to take a proactive,
preventive stance by encouraging distressed people to come and discuss the
problems in advance.
It is often possible to offer alternatives for the care of
children, including foster or community care.
90. Pornography and obscene
publications are no exception. The Cinematography Act, Cap 32.03 Laws of
the Gambia, makes it an offence
under section 165 of the Criminal Code for any
person to be engaged in the sale, distribution, hire, importation or public
exhibition
of any obscene book, pamphlet, drawing or painting. There is need
for greater protective measures in the form of police and customs
collaboration
in the importation and distribution of such publications. The increased
availability of home video players poses a
problem for certain children who may
have access to obscene or pornographic videotapes without the knowledge of their
parents.
91. The inherent right of every child to life is guaranteed from
conception to birth and thereafter by the Constitution and other laws of the
Gambia. Section 18, subsection (1), of the Constitution guarantees the right to
life.
92. Similarly, under section 198 of the Criminal Code, it is an
offence punishable by life imprisonment for any person who wilfully
destroys the
life of a child capable of being born alive even before it has an existence
independent of its mother. Infanticide
and abortion are offences under the
Criminal Code, the sole purpose being to preserve the life of a
child.
93. Article 6 (2) enjoins States parties to ensure maximum
survival and development of the child. This is a logical follow-up to
the
preceding article on the right to life. In consonance with the Convention, the
legislative protections for the enjoyment of
these rights complement the broad
objective principles for their achievement. The Gambia is a relatively poor
country with a very
small natural resource base.
94. Despite these
constraints, the Maintenance of Children Act, the Matrimonial Causes Act and the
Criminal Code have laid down laws
for the provision of maintenance care and
other social rights. Institutional support available to children includes
social welfare,
the judiciary, the Police Child Welfare Unit and health workers
who are there to ensure compliance. Section 4 of the Maintenance
of Children
Act, Cap 44:03, imposes a duty to supply the necessaries of health, life and a
reasonable education on those who have
the primary duty to maintain a child.
This law is gender sensitive to the extent that a man or woman may be the
subject of a maintenance
order.
95. The maximum survival requirement is
further evidence of the parental duty to provide for the physical, moral and
spiritual upbringing
of the child. Food, clothing and shelter, education and
health care are included. Obstacles to the optimal realization of these
rights
include inadequate institutional support and access to social welfare services,
which are more urban based than rural.
96. The Social Welfare services
should be further decentralized in order to increase awareness of its role and
statutory functions
among the rural communities of the Gambia. There is no
doubt that this is the most effective public institution that could ensure
proper monitoring and implementation of policies and strategies for the
enjoyment of these rights. Collaborative efforts with the
police, schools,
courts and NGOs would be desirable.
D. Article 12 - The child’s opinion
97. The right of children freely to express
themselves within the Gambia is guaranteed by the Constitution. However, it is
evident that customs and traditions tend to inhibit the enjoyment of this right.
Children are mostly reduced to
passive recipients of information and are also
required to carry out orders without asking questions.
98. The columns of
the major newspapers such as the Daily Observer, The Point,
Gambia Daily and Foroyaa have been experiencing a record
increase of contributions from children on various issues of national concern
such as politics, education,
literacy, teenage problems and so
on.
99. Peer education and other more progressive forms of social
enlightenment encourage children to express their views on a range of
issues,
which is of benefit to them. Thus, the ability of children to develop their
knowledge, critical thought and belief systems
is encouraged by the development
of academic pursuits.
100. The opinion of a child is also given legal
recognition in the Evidence Act, 1994 by allowing children to testify in
judicial
proceedings without swearing an oath. However, such evidence is
admissible only if there is further corroborating evidence. One
must also
emphasize that parents in the Gambia should develop a positive attitude of
allowing children to express their opinion on
certain aspects of their physical
and social development, including educational and career objectives.
IV. CIVIL RIGHTS AND FREEDOMS
A. Article 7 - Name and nationality
101. Children in the Gambia
generally enjoy the right to a name and nationality. The former is a birthright
of every child in keeping
with both religion and custom. However, some children
born out of wedlock may be denied their paternal names and may encounter
inheritance
or nationality problems.
102. Section 29 (1) of the
Constitution reads: “Children shall have the right from birth to a name,
the right to acquire nationality and, subject to legislation enacted
in the best
interest of children, to know and be cared for by their
parents”.
103. Section 9 (1) of the Constitution also reads:
“Every person born in the Gambia after the coming into force of this
Constitution shall become a citizen of the Gambia at the date of his or her
birth if, at the time of his or her birth, one or both of his or her
parents is
a citizen of the Gambia”.
104. Section 9 (2) reads: “A child
of not more than seven years of age found in the Gambia whose parents are not
known shall be presumed
to be a citizen of the Gambia by
birth”.
105. It is manifestly clear that children are
constitutionally guaranteed citizenship if they fall within the protection of
section 9 (1) and section 10, which guarantees citizenship by descent of
children born to Gambian parents outside the Gambia. There is also protection
from statelessness
of children found in the Gambia and whose parents are unkown,
provided they are below the age of seven.
106. The Nationality and
Citizenship Act, Cap 16:01 Laws of the Gambia, section 4 (1), empowers the
Minister (Secretary of Sate) to
register the minor child of any citizen of the
Gambia upon application by a parent or guardian. Section 4 (2) also empowers
the
Minister, in special circumstances as he thinks fit, to register any minor
as a citizen of the Gambia. It is to be noted that a
minor for the purpose of
this Act is defined as a person who has not attained the age of 21
years.
107. The Births, Deaths and Marriages Registration Act, Cap 41:01
Laws of the Gambia, also make provision for the registration of births and
deaths. Even if this is available, it is not
frequently used, especially in
rural areas. There is, however, a growing awareness of the importance of
registration of births especially
for purposes of school enrolment, national
identification, health and banking services, acquisition of passports and so
on.
108. However, a birth certificate does not guarantee citizenship to
children born in the Gambia if one or both parents do not possess
Gambian
citizenship at the time of the child’s birth. Children whose parents are
aliens are entitled to the nationality of
their parents. However,
discriminatory tariffs for health services at public clinics and health
facilities apply to noncitizens,
the exception being paediatric services for
children under five years and health care for refugees, which are free.
B. Articles 13, 14, 15 and 17; section 25 of the Constitution -
Freedom of expression, thought, conscience, religion
and association
109. Religion
and its practice are guaranteed. Children are not under compulsion to attend
religious ceremonies and services. They
tend to pursue religion through the
examples of their parents. Attendance at weekly Friday prayers for Muslims and
Sunday service
at churches demonstrates the commitment of Gambian children to
their faiths.
110. Freedom to assemble and demonstrate peaceably is
gaining momentum among Gambian children. Apart from youth, social and football
clubs, which enjoy nationwide popularity, children are beginning to realize the
need for patriotic reorientation through voluntary
schemes, such as the
President’s Award Scheme, the Boy Scouts, Red Cross and Red Crescent
Societies and organizations devoted
to combating harmful practices such as the
I.O.G.T. (International Organization of the Good Templers) and the Youth Front
Against
Alcohol and Drug Abuse. The National Union of Gambian Students enjoys
nationwide membership from primary, junior, senior secondary
schools and the
Gambia College. Its executive encourages democratic practices in its
management. Its network strives to keep students
informed of their rights,
duties and the responsibilities of the Government towards students, using a
periodic publication and interpersonal
communication channels. Meaningful
dialogue with educational authorities has helped to promote a climate of trust
and better understanding
of students’ problems.
111. Children may
not join political associations and trade unions. However, political activities
among adolescents and youths are
not uncommon. Most political parties have
youth wings which promote the ideals of the various political parties and
responsible
governance. The July 22nd Movement has a wide youth membership,
especially among those who have attained 18 years, which is the
voting
age.
112. Domestic servants or maids are a special category of workers in
need of trade union services. The majority of these employees
are girls of
school age or teenagers below 18 years. They lack security of tenure, suitable
working conditions, a basic minimum
wage, etc. Their low social status exposes
them to abuse, violence, and inhuman and even cruel treatment. A minimum age
for work
would be desirable to protect these children from economic and physical
exploitation and hazardous working environments.
C. Article 23 - Disabled children
113. Children with a disability are entitled to
enjoy a full life and all other opportunities accorded to other children. The
Gambia
recognizes this right as inalienable despite obvious constraints. The
infrastructure and legislative and administrative support
for the realization of
this objective is already in place. Section 31 (1), (2) and (3) of the
Constitution guarantees State and societal recognition and respect for the
rights and dignity of the disabled and their protection from exploitation
and
discrimination. Particular in this regard is their right and access to health
services, education and employment opportunities.
114. Health care and
services are guaranteed to all citizens within the health care delivery system
of the State. Disabled persons
are often afforded special care in orthopaedic,
ophthalmic and rehabilitation services. According to 1998 statistics, the
Rehabilitation
Unit of the State Department of Social Welfare has about 4,000
disabled patients. Fifty to 55 per cent of these are under 17 years
old. The
school for the visually impaired and hard of hearing is established with the
primary objective of providing special needs
education for
children.
115. A good number of this group are now gainfully employed as
musicians, telephonists, teachers and interpreters in the public sector.
Wheelchair-bound disability does not prevent disabled children from enrolling in
the school system and pursuing various careers
of their choice.
116. The
Gambian Organization of the Visually Impaired (GOVI) is an active NGO with
strong government support. It is constituted
by a largely disabled executive
and it now serves as
a vital lobby for the visually handicapped in the areas
of employment and general welfare. Cultural stigmas and inadequate
institutional
support for the disabled in the traditional social system
relegated most disabled adults to the undesirable habit of
begging.
117. However, the growing social awareness of the abilities of
and professional care for the disabled is rapidly transforming the
opportunities
for disabled children in the Gambia. The Government is for the first time
conducting a national disability survey
with UNICEF’s assistance in order
to determine the forms and geographic distribution of persons with disability to
facilitate
programme planning in this area. The achievement of the goal of
ensuring equitable access to opportunities for its citizens is financially
demanding and consequently little can be achieved, especially in this highly
specialized area, without donor support and collaboration.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Article 19 - Abuse and
neglect
118. There is no nationally agreed definition of abuse binding on public and
law enforcement agencies, nor have categories of abuse
and neglect been agreed,
so the words “abuse” and “neglect” could mean different
things to different people.
For the purposes of this report, abuse and neglect
would include physical maltreatment and lack of provision of food, clothing and
shelter. Physical abuse and neglect are among the challenging social phenomena
in the Gambia. Although both the Constitution and the Criminal Code prohibit
child abuse and neglect, the enforcement of these laws is inhibited by social
norms and practices,
as already mentioned.
119. Section 29 (1) of the
Constitution specifically provides that: “Subject to legislation enacted
in the best interest of the child to know and be cared for by
their
parents”.
120. Sections 18, 19, 210, 211 and 218 of the Criminal
Code had created offences relating to child abuse and neglect. These vary
from
the duty to take care of a child of tender age, provision of the necessities of
life, assault, ill-treatment, neglect, abandoning
of a child below the age of 14
years, etc. This responsibility is only bestowed on persons above the age of 16
years. The duty
to preserve the life and health of a child is a legal duty and
it could be argued that children in the Gambia are already accorded
that
protection.
121. This assumption is not, however, conclusive. Abuse and
neglect of children can only be redressed if they are reported. Many
cases of
abuse and neglect go unpunished simply because the victims are unable to take
such steps, or they may be ignorant of the
existence of such institutional
facilities.
122. Parental authority and traditional practices that
condone child abuse in the thin guise of discipline are readily accepted as
a
natural right of a parent. This in turn engenders fear in victims of abuse who
often suffer in silence. The end result, according
to some Social Welfare
reports, are mood disorders, emotionally traumatized children and other
personality disorders, which may affect
the victim well into
adolescence.
123. Schools, children’s rights NGOs such as Defence
for Children International, Soroptimist International, SOS Children’s
Village, and other community-based groups are among the institutions which could
serve as a means of addressing the problem of abused
and neglected children.
Schools, however, can sometimes be the sites of physical abuse. Also in line
with tradition, parents believe
they have the right to discipline their children
in order to ensure proper moral and physical upbringing. These traditional
practices,
however, should not be used as a licence for child abuse. Although
spanking a child is a long-standing norm in our society, it must
be done with
moderation.
124. Sections 13 and 16 of the Children and Young Persons Act
sanction the punishment of children in conflict with the law. This
includes the
power of a juvenile court to order the whipping of a young offender by way of
caning up to 10 strokes. However, a female
offender over 13 years may not be
subjected to caning. Such correctional measures may not constitute child abuse.
Sensitization
and better communication may help to improve a child’s
upbringing and thus reduce the incidence of spanking.
B. Article 9 - The right to non-separation from parents
125. In addition to the power of the Director of
Social Welfare to assume guardianship of abandoned and neglected children, the
Maintenance
Act, the Matrimonial Causes Act and the Adoption Act empower the
court to make orders for custody and access by both parents of a
child in the
best interest of the child (see supra. section 14 (1) and (2) of the
Maintenance Act).
126. There are instances which require judicial
intervention to ensure that access or custody orders are obeyed. In practice,
it
is sometimes difficult to guarantee this right to a child who is born out of
wedlock or whose parents are divorced or separated.
There is also an increasing
trend of parents taking children out of the jurisdiction without appropriate
legal guarantees for regular
return visits to the parents resident within the
Gambia.
C. Article 10 - Family reunification
127. Section 25, subsections 2 and 3, of the
Constitution provide, inter alia, that:
“Every person lawfully within the Gambia shall have the right to move freely throughout the Gambia and to choose his or her own place of residence within the Gambia and to leave the Gambia.”
“Every citizen of the Gambia should have the right to return to the Gambia.”
128. Internal freedom of movement of children is often dictated by social
and economic factors, which are beyond their control. Educational
institutions
and opportunities are concentrated in the urban areas, thus compelling several
children to leave their parents in rural
areas to come into foster care or
guardianship of close family relatives or friends. The environment to which
some of these children
is exposed may well contribute to their emotional, social
or educational success or failure.
D. Article 27, paragraph 4 - Recovery of maintenance for the child
129. The domestic law adequately covers the
requirements of the Convention insofar as maintenance rights of a child are
concerned.
The Maintenance Act is a statute of general application, which cuts
across religious, social and ethnic lines in the Gambia. It
empowers all the
subordinate courts, including magistrate courts, Islamic courts and district
tribunals (customary courts) to enforce
maintenance for children. This includes
the duty to supply the necessaries for health, life and a reasonable education
of a child.
130. Despite being a statute of general application, the Act
gives exclusive original jurisdiction to hear and determine all applications
regarding custody of and access to the offspring of Muslim marriages to the
district tribunals and Islamic courts. Section 3 (1)
of the Maintenance Act is
the relevant provision of the law.
131. Recovery of maintenance for
children is problematic. The judicial machinery is the main medium for the
enforcement of this right.
The State Department of Social Welfare through its
Family Welfare Unit provides official assistance to persons seeking maintenance.
Women rather than men are the usual applicants for maintenance (about 98 per
cent, according to Social Welfare sources). Children’s
education, food
and health care are the usual reasons for applications for
maintenance.
132. The departmental approach of the Family Welfare Unit is
designed to promote harmony between parties to an application for maintenance,
with the courts as the last resort. A remarkable success rate of about 90-95
per cent has been achieved. Parents who refuse to
provide maintenance may be
subjected to attachment of earnings orders or warrants of commitment to ensure
compliance with the law.
The number of such cases registered with the courts
stood at 5 per cent as at August 1998. Voluntary compliance is, however, on
the
increase due to increasing awareness of parents of their obligations to their
children.
E. Article 20 - Protection of a child without a family
133. The Convention requires States parties to take
measures to ensure that all children have the right to a family environment.
The Gambia is fortunate in that indigenous social structures hardly allow
children to suffer deprivation in this area. This does
not imply that children
are wholly free from this problem in the Gambia. Single-parent children are
mainly deprived of the emotional
support of both parents in cases of divorce.
Generally, the social stigma of illegitimacy is likely to produce an emotional
and
psychological trauma on children.
134. The extended family system has
served as the most effective source of support for most orphans rather than
institutional care.
Destitute children tend to originate from neighbouring
countries rather than from the Gambia. The Department of Social Welfare
and the
SOS Children’s Village (an international NGO) provide institutional
support for orphans and abandoned children, although
their facilities are urban
based. The Department of Social Welfare has recently mounted a successful
foster-cum-community-care scheme
to provide alternatives to automatic
institutional care.
135. Islamic law and custom also emphasize care of
the orphaned and abandoned children, hence the wisdom of societal benevolence to
such unfortunate children. There is a gap in the legislative framework for the
protection of the right of children deprived of a
family environment. Children
born out of wedlock are generally considered to be the responsibility of their
mother and the maternal
relations for their maintenance and general welfare,
under Islamic law. Where by order custody is vested solely in the mother of
a
child born out of wedlock, then by implication she alone has to bear
responsibility for maintenance.
136. There is a growing willingness by
the customary courts to order maintenance against the putative father of such a
child. The
only practical constraint, according to the 1998 report of district
tribunals in the Western Division, is the inability to grant
custody to the
father even if he is providing maintenance for his child.
137. The
Department of Social Welfare recorded 562 family cases for 1997. These include
maintenance cases, paternity, access, custody
and counselling. In 1997 there
were 303 recorded cases of destitution. In the first week of January 1998, the
pending cases fell
under the following categories: 53 per cent were clients
seeking financial assistance, while 47 per cent were concerned with disputes
involving child maintenance, access, custody and paternity. The fact that the
majority of cases had to do with application for financial
relief simply
reflects the administrative arrangements, which tend to slow down the processing
of other cases.
138. Further assessment of the 47 per cent of family
cases shows that 76.5 per cent were maintenance cases, the majority being
settled
by agreement between the parties; 12.5 per cent were paternity cases
(for referral to the courts); 4.9 per cent were access disputes
(usually going
hand-in-hand with maintenance disputes); 1.5 per cent were combined cases
involving some or all of the above issues;
4.5 per cent were other types of
cases, sometimes involving international social services or personal
counselling.
F. Article 21 - Adoption
139. The monitoring of informal adoption, which is
common practice in the Gambia, is not up to the desirable levels contemplated by
the Convention. The Adoption Act does not seem to have a widely acceptable
nationwide applicability among certain communities.
140. Customary
practices of adoption are significantly distinct from legal adoption in the
consequences which apply. Most customary
adoptions do not transfer parental
rights absolutely. They are at best a temporary delegation of parental
authority and guardianship
rights. The parties to such customary adoptions
usually enter into the agreement with the full understanding that the adoption
does
not extinguish the rights of the natural parents.
141. Revocation of
customary adoption may be contingent on diverse reasons and may not adequately
cater for the physical and emotional
needs of a child. The rural to urban trend
is mainly responsible for these problems. There is a greater tendency for rural
children
to be given up for adoption or to be placed in the care of an urban
resident or relative without regard for their health, safety
and general
well-being. Most of these children grow up without proper emotional and
psychological support from their guardians or
adoptive parents.
142. It
is therefore recommended that the contents of the Adoption Act should be given
widest publicity within the Gambia with emphasis
on the rights of the child.
These social rights to a proper home environment and parental support and care
must be emphasized.
Adoptive parents or guardians must appreciate the fact that
the children need emotional support and not merely the satisfaction of
physical
needs of food, clothing and shelter. Deprivation of these rights may constitute
a violation of the fundamental rights of
children. Wardship and guardianship
are more prevalent in the Gambian social set-up whereby children are placed in
the care of relatives
or family friends either for purposes of education or for
other social and economic reasons.
G. Article 39 - Physical and psycho-social
recovery and social reintegration
143. With the absence
of an agreed definition of abuse (including acceptable or unacceptable forms of
corporal punishment), it is
difficult to quantify the degree to which this is a
problem in the Gambia. However, if the numbers of referrals to the Department
of Social Welfare are any guide, it would be true to say that psycho-social
abuse was more prevalent, especially in cases of young
schoolgirls being forced
into marriages.
144. The Child Welfare Unit, in collaboration with some
women’s NGOs, has made attempts to rescue such victims through counselling
and other legally enforceable means. It is noteworthy that young people aged
14-24 years constitute about 23 per cent of the Gambian
population.
VI. BASIC HEALTH AND WELFARE
145. The National Health Policy and the Health
Action Plan, 1999-2003 remains the focal blueprint for the realization of
targets of
reduced infant and maternal mortality and improved reproductive
health of adolescents and related fertility
problems.
146. Government’s efforts in these plans are advanced;
the population growth is currently estimated at 4.1 per cent per annum
which, if
sustained, will cause the population to double every 17 years. The Gambia has a
population density of 95 persons per square
kilometre of habitable land (1993
census).
147. The Health Sector in the Gambia has always attracted
Government’s attention despite resource constraints. Significant
donor
support and NGO and private individual initiatives have sustained primary health
care and adolescent health programmes. The
articles of the Convention dealing
with basic health and welfare of the child are indeed wide in scope. It is
therefore pertinent
to underscore the need for reliance on official data and
information.
A. Article 24 - Health and health services
148. A healthy nation is a prosperous nation. The
Convention on the Rights of the Child would be incomplete without the
fundamental
right of every child to health and health services commensurate with
the national resources of the State party. The Gambia’s
health sector
programmes are mainly targeted at children, women and adolescents. There is no
gainsaying
that a country with a youthful population will certainly compound
its demographic imbalance. The number of children under 12 years
is
significantly high. These and other projections leave us with the formidable
task of maintaining high standards of health care
delivery.
149. The
Public Health Act, Cap 40:03 (1990), encompasses laws relating to physical,
environmental, disease control, food safety and
hygiene, sanitation and related
health matters. The National Environment Agency (the Agency for the
implementation of the National
Environmental Action Plan (GEAP)) seeks to
strengthen health care and preventive measures for disease control. The
linkages between
poor environmental management and disease control are
obvious.
150. The enjoyment of children’s right to health and
health services is accorded high priority within the health sector. A
National
Health Policy 1994-2000 and the Health Action Plan 19992003 were conceived
against the background of Health for All by the
year 2000, the global health
objective of the World Health Organization for developing
countries.
151. Primary health care (PHC) was first adopted in 1978 and
remains the basis of the National Health Policy. Among its major components
are
maternal and child health, including the expanded programme of immunization
(EPI), disease prevention and control and health
promotion. Over the years,
there have been conscious efforts by the Department of State for Health, Social
Welfare and Women’s
Affairs, in collaboration with other partners such as
WHO, UNICEF, UNFPA and related NGOs, to address the high under-five mortality
of
120/1,000 births and maternal mortality rates (MMR) of 10.5/1,000 live births.
This has been possible through Safe Motherhood
and Child Survival
programmes.
152. Child Health, a component of the Family Health
Programmes, includes the following:
Maternal and child health/family planning;
Adolescent health;
EPI;
Nutrition.
153. The targets of the Family Health Programmes are to reduce MMR to
6/1,000 live births, infant mortality from 92/1,000 to 70/1,000
births, and to
increase contraceptive use (modern methods) from 7 per cent to 15 per cent by
the year 2003.
154. The major childhood diseases, namely malaria, acute
respiratory infections and diarrhoeal diseases, together, are responsible
for 60
per cent of the deaths in this age group. These three diseases are being
addressed through separate control programmes.
The policy direction is to
address childhood illnesses in a holistic manner through the Integrated
Management of Childhood Illness
(IMCI) approach.
155. There is a close
interrelationship between maternal health, adolescent fertility and family
planning issues. The high incidence
of adolescent fertility, as shown in the
1988 Adolescent Fertility Survey, reveals that 50 per cent of single males and
30 per cent
of females in the age group 14-24 are sexually active. The
consequences are increased teenage pregnancies, poor child health and
a
corresponding increase in infant and maternal mortality.
156. Although
societal norms and values may be the biggest obstacles to family planning, there
is a growing awareness among adolescents
of the benefits of family planning
throughout the Gambia. Peer education and counselling on teenage pregnancies,
STD and HIV infections
have had an impact on the use of contraception and other
family planning services.
157. The Gambia Family Planning Association, a
member of the International Planned Parenthood Federation (an NGO), has
been active
in providing services and access to confidential sexual and
reproductive health information, services and counselling.
158. Harmful
traditional practices such as early marriages (in rural areas, 1215),
female circumcision (FGM) and certain postnatal
rituals tend to aggravate
the risk of maternal and child morbidity and mortality. The First National
Action Plan for the Eradication
of Female Genital Mutilation was launched in
March 1997. Despite great publicity, counselling efforts by
local NGOs, especially
The Gambia Committee on Traditional
Practices (GAMCOTRAP) and the Foundation for Research on Women’s
Health, Productivity and
the Environment (BAFROW), there is resistance from
some Islamic scholars and traditional men and women leaders. Recent calls for
legislative intervention by Government to eradicate FGM have not met with any
success.
159. It is to be noted that despite policy efforts and
government commitment, the greatest constraint in the realization of these
noble
objectives is the lack of financial resources. Primary, secondary and tertiary
health expenditure have registered significant
declines despite donor support,
which invariably also registered a decline from 1994. Per capita
expenditure decreased from D 65
(US$ 6) to D 45 (US$ 4.5)
between 1990 and 1996. Total expenditure on health in 1996/97
was only 2.2 per cent of GDP, which was
about
5.7 per cent of the total government expenditure. Overdependence on
external assistance for health financing estimated at
62 per cent
is potentially detrimental to the sustainability of the services when such aid
is not forthcoming.
B. Articles 26 and 18, paragraph 3 - Social security and childcare services
160. There is no public social security system
in the Gambia when we consider the institutionalized social security system
of developed
countries. The Maintenance Act, which is largely administered by
the State Department of Social Welfare, commands very little public
financial
support for children’s welfare. The legislative framework is merely
designed to ensure maintenance of children by
parents or persons with the legal
duty for their care.
161. Childcare services provided by the Department
of Social Welfare, the Department of Community Development and other private and
public agencies are not adequate, especially in the rural areas. The only
institutionalized childcare facility (that is for children
in need of special
protection) is the SOS Kinderdorf Children’s Village (an international
NGO), which houses orphans and destitute
and abandoned children. The emphasis
is on the enjoyment of the right to a home environment and proper upbringing,
including health
care and education. There are over 100 early
childhood education and care centres in the country, located mainly in the urban
and
growth centres, and most lack adequate support.
162. The above
scenario is further underscored by a lack of trained personnel, especially
doctors and medical auxiliaries.
163. Eighty per cent of
Governmenttrained Gambian doctors have left the public service. Certainly the
most viable means of achieving
policy targets is through health promotion and
protection. The Information, Education and Communication initiative of the
Health
Education Unit of the Department of Health Services envisages reaching a
national target of 80 per cent coverage by 2003 to ensure
that
the population is better informed about the health implications of their
attitudes and behaviours.
164. A healthy childhood through adolescence
needs a healthy environment, proper nutrition, sound education, physical and
emotional
health and recreation. In spite of the constraints, the extended
family system remains the most practicable form of social security
in
the Gambia. However, increased urbanization (40 per cent) and
the correspondingly high dependency burden cannot sustain this
practice for
ever. Efforts must be made to ensure the right of children to some form of
social security by law. The States parties
to the Convention on the Rights of
the Child must live up to the universal realities that children are a common
heritage with limited
capacity for selfpreservation and survival. The State
should be the springboard in this area for rallying the private sector, NGOs,
religious organizations and civil society to ensure their survival.
C. Article 27, paragraphs 13 - Standard of living
165. The relative concept of standard of living
of children is subject to many factors. The Gambia, which is a developing
country
with per capita GDP of US$ 320, is therefore highly vulnerable
to economic problems. According to the 1998 Situation Report of Women
and
Children, 40 per cent of the population are below the food poverty
line. However, the total fertility rate (TFR) according to
the same report
registered a decline from 6.4 in 1993 to 6.0
in 1998.
166. Malnutrition is a potential complicating factor for
all childhood diseases. The Department of State for Health estimates (Nutrition
Surveillance of Primary Health Care Villages) reveal that
1218 per cent of children are acutely malnourished, i.e. below
90 per cent
median weight for height. Moderate to severe malnutrition
ranges from 14 per cent during the late rainy season
(August/September),
with weaning children 723 months in the highest risk
category. Anaemia and iron deficiency are also common among children of school
age.
167. Income disparities account for disparities in the standard of
living of children. Poverty alleviation efforts and education
are under way
with World Bank and other donor support to bring meaningful results for
lowincome earners and families. Social factors
that tend to adversely affect
children and their standard of living are early marriages, lack of family
planning, dependency and
polygamy. Male dominance in economic activity with
inadequate responsibility for family care and maintenance disempowers women who
are largely domesticated with the burden of most household
obligations.
168. Attempts to enact legislation for Muslims in matters
relating to marriage have not met with any success since 1987. The Muslim
Marriages and Divorce Bill, 1987, sections 19 and 20, seeks to make it
a condition that the consent of the wife be obtained by any
man wishing to take
a second or third wife. The direct and indirect impact of these practices
on children cannot be ignored. Legislation
of this nature holds the answer to
this problem. An early enactment before 2000 is recommended. Education
opportunities and adequate
shelter or nutrition are almost impossible to achieve
for most children whose standards of living are diminished by irresponsible
parental conduct.
D. Article 19 - Abuse and neglect
169. The obvious problems and constraints facing
children in the Gambia in the context of article 19, as regards
abuse and neglect,
are as follows. The lack of capacity for selfdevelopment is
mainly due to the drawbacks of the educational curriculum, which lays
heavy
emphasis on academic rather than vocational education. Those who drop out of
the formal school system are the victims of these
problems. Consequences of
this problem are idle youths without jobs, a potential reservoir of talent that
is wasted, and all sorts
of evils such as child prostitution (for girls),
teenage pregnancy, alcohol and drug abuse.
170. The lack of institutional
capacity for dealing with the above problems requires immediate attention.
Vocational and skills training
for girls and boys below 17 years must be
enhanced in both qualitative and quantitative terms. Given the demographic
trends, greater
social evil could be averted if legislative measures are put in
place to address the following concerns: children below 18 years
should
remain in school until their eighteenth birthday; education must include both
academic and vocational/technical education;
laws dealing with the sale,
trafficking and
distribution of alcohol and narcotic substances to young
people should be strengthened and vigorously enforced, including
section
54 (1) of the Drug Control Decree and Decree No. 80
of 1996, which provide that:
“A person commits an offence if he supplies or distributes a controlled drug to a child or young person as defined in the Children and Young Person Act, Cap 45, to a mentally handicapped person, to a person who is undergoing treatment for detoxification, or in a school, penal institution, educational or a social service institution or in the immediate vicinity of such places to which children and students resort for educational, sports or other recreational activities. An offender under this subsection shall be liable on conviction to a fine of not more than D 500,000 and in addition to a term of not less than 10 years’ imprisonment.”
171. The liquor licensing laws must be strengthened with stiffer
penalties for the supply and sale of alcohol and other harmful substances
to
children below 18 years. This law must cover wholesalers, retailers and
proprietors of public houses.
172. The prevalence of child prostitution
and teenage pregnancies may have been aggravated by inadequate access to
youthfriendly family
planning and psychosocial counselling services. There is
an urgent need to formulate the right of sexually active adolescents
between
14 and 18 years to family planning facilities, with or
without parental consent. Many parents who would ordinarily detest such access
would prefer them to having their daughters drop out of school due to unwanted
pregnancy. Such a law should not be seen to be promoting
permissive
behaviour.
173. Population activities and maternal health initiatives, such
as Family Life Education, which is widely promoted in the school
curriculum,
could help to facilitate the need for adolescents to avoid premarital sex, early
marriage, unwanted pregnancy, immoral
peer pressure, and the dangers
of STDs, including HIV/AIDS.
Almudus
174. “Street children”, as they are
commonly known in the Gambia, are a good example of abused and neglected
children.
Many of them are boys from neighbouring countries like Senegal,
Guinea and Mali in the country under the guise of studying under
Islamic tutors,
known as marabouts. However, the majority of such children are actually
Gambians. They do not enjoy parental support
or affection, - a gross violation
of the Convention on the Rights of the Child, especially articles 5, 9 and
various others. Although
this practice is traditional in nature, it cannot be
sustained in the cosmopolitan urban environment due to the potential exposure
to
more serious social hazards such as drug trafficking and economic exploitation.
These street children are usually between the
tender ages of 6 and
15 years. Due to pressure from their masters, some of them are engaged in
criminal activities such as stealing.
Others engage in menial jobs, such as
shoeshining, carwashing and other undignified chores, for their
survival.
175. There is a compelling need for legislation to keep
almudus off the streets as beggars and child labourers. Punitive
sanctions and corrective measures should be taken to ensure that these
innocent
children pursue their lives with dignity and respect. A policy directive
banning them from the above practices was issued
in 1995 but since the
birth of the Second Republic in 1996, the momentum has not been
sustained. A project conducted jointly by
International Society for Islamic
Relief and the Nova ScotiaGambia Association has given Gambian
almudus a new start in their home villages. A multidisciplinary approach
will be required to tackle this problem. This should include Social
Welfare,
the police, immigration authorities and religious bodies. Crossborder movement
of children without their natural parents
must be addressed through bilateral
cooperation to ensure that children are not taken from one country to
another only to be abused
and neglected.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education and the aims of education (arts. 28 and 29)
176. This is a
guaranteed right for every Gambian child as provided for in the Constitution of
The Second Republic, 1997. Section 30 reads:
“All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realization of that right: (a) Basic education shall be free, compulsory and available to all; (b) Secondary education, including technical and vocational education shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education; (c) Higher education shall be made equally accessible to all; on the basis of capacity by every appropriate means, and in particular, by progressive introduction of free education;
(d) Functional literacy shall be encouraged or intensified as far as
possible; (e) The development of a system of schools with adequate
facilities at all levels shall be actively pursued.”
177. Although
this constitutional measure seeks to ensure that universal “free and
compulsory” primary education is available
to all Gambian children, this
has yet to be achieved. The following table reveals the current enrolment
rates:
Education statistics, academic year 1996/97
(Source: Department of
State for Education.)
|
|
Ratio
|
Number of children enrolled in primary school
|
Gross enrolment rate (GER)
|
Total
|
70%
|
132 481
|
|
Male
|
79
|
74 777
|
|
Female
|
61
|
57 704
|
Net enrolment rate
|
Total
|
58
|
109 994
|
|
Male
|
65
|
61 523
|
|
Female
|
52
|
49 397
|
GER % by geographic region
|
Banjul/
Kanifing Municipal |
Western Division
|
North Bank Division
|
Lower River Division
|
Central River Division
|
Upper River Division
|
Total
|
90
|
81
|
63
|
85
|
65
|
41
|
Male
|
111
|
89
|
75
|
99
|
75
|
48
|
Female
|
68
|
74
|
52
|
70
|
56
|
34
|
Children reaching grade 5:
89 per cent
Children entering grade 1 at recommended age
(7 years old): 60 per cent
178. There has been an
unprecedented increase in primary and secondary schools in the Gambia
between 1994 and 1996/97. While urban
schools experienced excessive
demands for places, some rural schools suffer from underutilization. The
teacher/student ratio in
urban and growth centres and in most rural schools is
5570 students per teacher and 030 students per teacher,
respectively. A direct
consequence of this trend is heavy recurrent expenditure
on teachers’ salaries, which are generally considered unattractive,
resulting in a high rate of teacher attrition. Expenditure on other services
such as teaching materials has suffered a remarkable
decline due to population
growth.
179. Among the other obstacles to the realization of the goal of
free and compulsory primary education is the lack of a legal framework
for its
enforcement. Since the Education Act requires enrolment at public school for
children age seven and above, a basic cycle of six and three years would be
ideal for compulsory
school up to the age of 16 years. A precondition for
achieving this objective is the availability of schools and classroom
space.
180. Additional constraints include:
(a) The new challenge of
the maintenance of the many recently constructed primary
schools;
(b) The disparity of teaching aids and materials between rural
and urban schools, public and private schools and primary and secondary
schools;
(c) Indirect costs, including book rentals, development funds,
furniture and teaching materials;
(d) Transportation to and from school
is not available nationwide. School bus services are limited to urban
areas;
(e) The madrasah or Islamic schools’ curriculum is biased
in favour of religious studies and is not broadbased enough, often
excluding
vocational and science education;
(f) Negative attitudes to Westerntype
education rooted in custom prevail, especially for girls’
education.
181. The blueprint for the realization of the right to
education is the National Education Policy 19882003. The policy was
revised
in 1995 as part of the Education For All MidDecade Review.
B. Education policy priorities and objectives
182. The current National Education Policy for
the period 19882003 places emphasis on the provision of quality basic education
for
the schoolage population of 715 in the formal sector and for
outofschool children and adults in the nonformal sector, particularly
girls and
women. Special emphasis is placed on equal opportunities, especially for girls
and children with disabilities in the most
underprivileged areas of the country,
namely Upper River, Central River, Lower River and
North Bank Divisions.
183. Poor households tend to allow more boys
to enrol in school than girls. School fees are a major consideration as the
economic
implications are obvious. Girls are further disadvantaged by heavy
domestic chores, especially when their mothers are engaged on
the farms and
gardens producing food. Boys tend to be less busy outside school at the busiest
time of the school calendar. September
is the lean period before harvest when
money supply is at the lowest, especially in the rural households. This is the
beginning
of the school year for most public schools.
184. Lack of
sufficient female teachers as role models, school fees, distance from school and
teenage pregnancy are also hindering
girls’ education. Families therefore
tend to sacrifice the education of the girl child when financial resources are
inadequate
to meet school fees.
185. The Gambia Radio and Television
Services programmes on girl education are a classic example of publicizing
girls’ education,
despite the resource constraints and social factors.
The disparity in the gender ratio in rural school enrolments is significant:
13 per cent more boys than girls. Realistic evaluation and monitoring
of the root causes of these problems such as the ones highlighted
should be
sustained. Economic factors, cultural beliefs and inhibitions, ethnicity and
poverty determine the retention of girls
in the education system.
186. As
a priority concern for Government, international agencies and NGOs, the
national girls’ education programme is adequately
funded. However, the
major challenge in this area continues to be the attitudes of people towards
formal education, especially in
the rural areas.
187. The existing 6334
system of school education will gradually be restructured into a 934
system. This will incorporate:
− Nine years of basic education accessible to all Gambian children;
− Three years of senior secondary school education which will cater for at least half of the graduates of the basic education cycle and will provide opportunities for more options and indepth learning of both general and special subjects such as Technology, Science and Commerce; and
− Postsecondary education to fill the middle and highlevel human resources needs of the country.
188. Attainment of the educational
objectives will require improvement in the use of existing resources. This will
require increasing
studentteacher ratios; ensuring that learning materials are
used and maintained; expanding doubleshift and multigrade teaching; tapping
new
sources of finance; increasing community participation; reallocating expenditure
in favour of basic education; strengthening
partnerships with nongovernmental
organizations in support of education; and ensuring that external assistance
matches policy priorities.
189. In setting the revised policy priorities
and objectives, some important factors were considered: the high population
growth
rate of 4.1 per cent; the cost of education as a barrier to
educational participation of the poor who constitute one third of the
Gambian population; the costeffective use of resources; equity and the reduction
of gender disparities. Therefore, the policy orientation
is to increase access
to quality education through cost reduction for the poor, gender disparity
reduction, increases in government
revenue, costeffective use of all educational
resources, and increased cost recovery at those levels of education where the
social
benefits are lowest.
190. With these considerations in mind, the
broad objectives of education for the rest of the policy period up to the
year 2003 are
to:
− Increase the gross enrolment ratio in basic education of 7 to 15yearolds by increasing the enrolment rates of 7 to 12yearold children in grades 16 to 90 per cent by 2005;
− Increase the transition rate from grades 67 to 70 per cent by 2003 and without detriment to the expansion of enrolment in grades 16;
− Reduce the gender disparities in enrolment, retention and performance;
− Radically improve the quality of learning in grades 19 (improve learning outcomes through an improved curriculum, improve facilities and learning environments; teacher training; increased availability of learning materials);
− Increase access of adults to functional literacy and numeracy programmes;
− Increase access to and the coordination of vocational and technical education programmes;
− In the longer term, increase opportunities for higher education to meet the required human resource needs;
− Improve monitoring, assessment and evaluation strategies.
191. The way forward for the rest of the planned
policy period will be to continue to focus on increasing access for all,
particularly
for girls, not just at basic level but at all levels, while
concentrating at the same time on ensuring qualitative improvement.
The
ultimate goal, as enunciated by the Jomtien Declaration, is “Education for
All”, guided by the principles of the
best interest of the child, equality
and nondiscrimination and the right to free and compulsory primary education.
The structures
of the educational system will be adjusted to combine basic
education with vocational, technical and adult education in order to
provide a
wellcoordinated system which serves the needs of both economic and social
development. An assessment process which can
evaluate system performance and
highlight technical resources will facilitate the pursuit of the policy
objectives.
192. All these initiatives will require substantial
resources. Therefore, in keeping with its abiding commitment, Government will
increase its effort to gradually provide education for all within the limits of
its resource capacity. It is also anticipated that
Government’s
development partners, such as United Nations agencies including UNICEF,
would support its efforts at meeting the
educational needs and rights of Gambian
children. Such external support is in consonance with the spirit of
article 45 of the Convention
on the Rights of the Child, which relates to
international cooperation for the implementation of the
Convention.
193. The education sector cannot by itself mobilize
internally the resources required for addressing the myriad of social problems.
It can, however, analyse the priority concerns of the sector with a view to
programming action to address them within the framework
of cooperation with its
partners.
194. Although the Department of State for Education is the
primary institution responsible for the delivery of educational services,
it is
not the sole institution active in this area. Its partners include the
Department of Social Welfare which administers sponsorship
schemes for children
in need of special protection; the Department of State for Youth and Sport which
manages the National Youth
Service Scheme; the NGO community and religious
missions which provide vocational education, among others.
195. The table
below shows the number of children sponsored predominantly by philanthropic
organizations and individuals through the
Department of Social Welfare:
Number of students sponsored, 19911998
Currently in school 857
Completed
school 1
114
Girls 426
Boys 431
Nursery and
primary 272
Junior secondary school 245
Senior secondary
school 337
Vocational technical school 3
These figures
only cater for a fraction of the school population, with limited scope for
sustainability. Therefore, more viable options
for ensuring
100 per cent enrolment of children in need must be sought.
1. The National Youth Service Scheme (NYSS)
196. This scheme, launched in
January 1996, is unprecedented given its policy objectives and aspirations,
that is to fill the gap
created by the educational system, especially the
academically biased educational curriculum. Adolescent school leavers who are
denied opportunities for selfdevelopment are a special beneficiary of this
initiative. It also serves to strengthen the civicmindedness
of young Gambians
and to inculcate the virtues of hard work, selfreliance, patriotism and moral
uprightness.
197. Diversified skill training and institutional attachment
schemes are available to scheme members after a basic orientation and
regimental
training course lasting six weeks. The first batch or intake of
100 corps members were between the ages of 17 and 25
years. This
was followed by a second and third batch of about equal numbers. It is
also a gendersensitive scheme and an equal opportunity
initiative for boys and
girls from all over the Gambia. The intake of corps members is usually
reflective of the national character
in the form of Divisional selection from
all administrative Divisions of the Gambia. Twentyfive per cent
of all intakes are girls.
The current and fourth batch, the single largest
intake of 200, began training on 27 July 1998 with
44 girls and 156 boys. Details
on the participants since the
beginning of the scheme are given below:
Batch
Year Number of intakes
1st
1996 100
2nd 1996 100
3rd 1997 100
4th
1998 200
198. The scheme draws inspiration from the invaluable
contribution of youths who would have been vulnerable to social problems such
as
unemployment, indiscipline, frustration, drug abuse, prostitution, etc.
The selfemployment initiatives are at the core of NYSS
youth development
objective. The promotion of national unity through integration is also a major
objective even though there are
courses taught on it. A minimum educational
requirement of grade 9, i.e. junior secondary school, is a
prerequisite for participation
in the scheme.
2. The President’s Award Scheme
199. This is a voluntary scheme which was set
up in the late 1980s through private initiative. It was soon to attract
the attention
of the Government as a meaningful attempt to develop the values of
selfreliance and discipline in young people. The scheme currently
benefits
young people of 12 to 21 years with no formal education, primary
junior and senior secondary school dropouts. It receives
a modest government
subvention of D 200,000 per annum. There is a free payment
arrangement for students at the skills training centre
that opened in 1991.
Courses offered include carpentry, home management, welding, motor mechanics,
computer and secretarial courses.
It is important to note that about
65 per cent of the intakes are girls.
3. Secondary education
200. Given the definition of the child under
18 years, one would argue that Government and its people have the
obligation to ensure
that education is provided not just for children at the
primary level but also at the secondary and, by implication, the tertiary
level.
Despite the rapid increase in secondary school places, the cost of secondary
education is progressively getting beyond the
means of many poor families,
especially children in the rural areas. The transition rate from primary to
junior secondary is 72
per cent as at 1996 but is a much lower
rate from junior and senior secondary school.
4. Financial constraints in the education sector
201. Expenditure on education remains high,
especially recurrent expenditure over the period 19901996. Total public
expenditure on
education is said to have doubled during this period from
15 per cent to 21 per cent, which is equal to
6 per cent of GDP. Allocations
to central and regional
administration declined from 31 per cent to 6 per cent.
This reflects an increasing tendency to centralize
government activities,
despite the existence of a national policy for
decentralization.
202. Despite this increased expenditure, the
demographic trends tend to impede the qualitative development of education
despite a
remarkable quantitative increase in primary school enrolment.
Enrolment in primary school from 1988 has grown by an annual average
of 8 per cent, exceeding the planned target of
6 per cent. Thus, by 1995/96, 132,481 children were
enrolled in primary schools of
whom 44 per cent were girls and
56 per cent boys. These figures do not include an estimated
30 per cent of primary schoolgoing children
who were enrolled in
madrasah (Quranic) schools where the medium of instruction is Arabic.
VIII. SPECIAL PROTECTION MEASURES
A. Article 40 - The administration of juvenile justice
203. Although
section 24 (2) of the Gambian Constitution stipulates that all
civil cases shall be tried in public, to protect the interest and welfare of
children under that age of 18 years
such cases should be held
in camera. Both the Constitution and statutes govern this. Administrative
arrangements exist to help children in conflict with the law.
204. The
Children and Young Person’s Act provides for children in conflict with the
law to be brought before a juvenile court
for care proceedings which are
generally held in camera unless the child is jointly charged with an adult
in which case proceedings
shall be held publicly. The Probation Service is
one administrative arrangement for the supervision of young offenders
serving suspended
sentences. Employment or vocational training is sought on
behalf of the probationer. If the juvenile has already learnt some trade
or
vocation but does not have capital to start a business, the Department of Social
Welfare provides some capital from a fund under
the Ministry of Health, Labour
and Social Welfare.
205. Juveniles who are convicted and sentenced are
not isolated from adult convicts due to the lack of infrastructure and financial
constraints. Statistics from the Police Child Welfare Unit have revealed that
only six juvenile offenders were held in connection
with homiciderelated
cases, that is murder, between 1996 and 1998. None of these suspects
was in remand custody but rather in the
care of a senior female police officer.
However, there are a number of other juveniles who may be remanded for other
serious offences.
206. Noting the lack of adherence to the international
standards outlined in the Convention, the Government in 1998 set up a
National
Committee on Juvenile Justice to advise on the measures to be taken to
improve on the prevention and management of juvenile offences.
The creation of
a borstal institution by Government with NGO collaboration under both police and
Social Welfare supervision and
care is among the recommendations
made.
207. Probation services are available for juveniles awaiting trial
and those who are under binding orders. The Department of Social
Welfare, the
institution concerned with such issues, also tries to seek employment for those
juveniles with marketable skills or
helps them start their own businesses.
Arrangements are usually made for students to be readmitted into schools. These
preventive
measures have the potential for averting any more serious
problems.
208. However, paucity of probation officers in the Department
of Social Welfare affects their capacity to provide adequate support
for the
effective discharge of their duties on a nationwide scale. There are no more
than three probation officers for the entire
country. Access to children
in need of social reports and family visits is also compounded by the lack of
mobility due to inadequate
financing.
B. Article 3 - Drug abuse
209. The Drug Control Act, 1993 and the Drug
Control Decree (Decree No. 80/1996) are improvements on the Dangerous
Drugs Act. Punitive
measures in the form of heavy fines for possession,
distribution or sale range from D 25,000 (US$ 2,500) to D 500,000
(US$ 50,000).
Significant measures to prevent distribution in schools in
the form of enhanced penalties for wouldbe offenders include mandatory
fines and
custodial sentences. Forfeiture of assets such as vehicles, bank deposits and
real property of convicted offenders are
other preventive measures in the
antidrug efforts of Government.
210. The dispensing of certain medicinal
drugs in chemist shops is not effectively monitored. The abuse of
tranquillizers and barbiturates
by young addicts is due to the laxity of the
distribution outlets rather than legislative measures. Drugrelated offences are
rising
among juveniles due to the obsessive urges of addiction. Violent assault
cases, housebreaking and stealing tend to have a direct
linkage to financial
needs of the young addicts. The police tend to have the problem of placing
young addicts in rehabilitative
care and therefore ignore them. It is not
uncommon to find some on the streets, especially in urban areas, without family
or institutional
care.
IX. CONCLUSIONS AND RECOMMENDATIONS
211. The Gambia is one of the least
developed countries, but with a clear vision and a commitment to progressively
protect the rights
of all its citizens, particularly its children, using the
resources it has on hand and with the support of its development partners.
In
this context, and in order to continue the implementation of its obligations,
within the framework of the Convention on the Rights
of the Child, the following
recommendations are being made for action nationally and with the support of
development partners, especially
agencies within the United Nations
system:
(a) That the Government of the Gambia establish a national
commission and secretariat for the progressive implementation, timely
reporting
and regular monitoring of the Convention on the Rights of the
Child;
(b) That the Gambia review its legislation, most notably the
Children and Young Person’s Act, the Maintenance of Children Act,
the
Criminal Code and the Education Act, with a view to harmonizing these laws with
the Convention, including the definition of the child;
(c) That the
abovementioned recommendations serve as the initial benchmarks against which
the Gambia will be judged upon submission
of its periodic report by the end
of 1999.
-----
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