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Forced Labour Convention, 1930 (No. 29) - Gambia (RATIFICATION: 2000)

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National Action Plan. Implementation. The Committee notes with interest the Government’s information in its report that the National Agency Against Trafficking in Persons (NAATIP) updated and validated the National Plan of Action (NAP) 2021–25. The main objectives of this new Action Plan include enhancing the legal framework and policies to combat trafficking in persons; building the capacity of relevant stakeholders responsible for the enforcement of laws and implementation of programmes against trafficking in persons; building awareness-raising among the general public and establishing and disseminating information and campaign materials throughout Gambia; and providing protection, rehabilitation and reintegration support to victims of trafficking. The Committee observes that the Action Plan contains a section on monitoring and evaluation and provides for the conduct of annual progress reviews of its implementation as well as an end of plan evaluation report. The Committee further notes that the NAATIP signed several memorandums of understanding at the national and regional levels, including with the National Committee Against Trafficking in Persons of Senegal and Nigeria for better collaboration in efforts to fight against trafficking in persons, smuggling of migrants and forced labour. The Committee encourages the Government to continue its efforts to combat trafficking in persons and requests it to provide information on the concrete measures taken to implement the various components of the NAP 2021–25. The Committee also requests the Government to provide summarized information on the assessment of the implementation of the Action Plan undertaken by the NAATIP, indicating the results achieved, the difficulties encountered and the measures contemplated as a consequence.

2. Protection and assistance. The Committee notes the Government’s information that the NAATIP partners with the International Organization for Migration and the Department of Social Welfare to assist victims of trafficking in terms of psychosocial counselling, medical assistance, provision of food and other items, family tracing and reunification and repatriating presumed victims to the country of origin and returning alleged victims of trafficking back to the Gambia with assistance for their reintegration. In 2020–21, the NAATIP developed a National Referral Mechanism for the protection and assistance of victims of trafficking and a Standard Operating Procedure for the identification and referral of victims. In 2022, the NAATIP identified 18 victims of trafficking which included 11 Nigerian women and girls who were exploited in sex trafficking within the country and seven Gambian women exploited in domestic servitude in the Middle East. The Committee requests the Government to continue to ensure the effective identification of victims of trafficking for both labour and sexual exploitation and to provide them with appropriate assistance for their recovery and rehabilitation. It also requests the Government to provide information on the number of victims who have been identified, indicating how many of them received assistance and of what type as well as the number of victims who were repatriated.

3. Prosecution and application of penalties. The Committee notes the Government’s information that in 2020–21, the NAATIP strengthened its investigative mandate capacity by appointing nine additional investigators and through assigning trafficking in persons focal points at all borders and entry points, including Banjul International airport. In July 2021, the NAATIP achieved three convictions at the Brikama Magistrates’ court for offences related to trafficking in persons under section 28 of the Trafficking in Persons Act, 2007. The convicts were sentenced to fifteen years of imprisonment along with a fine. The Government also refers to five other cases that are pending before the High Court. The Government indicates that the non-cooperation of victims with investigators and their reluctance to give evidence in court are some of the major challenges faced by the NAATIP during court proceedings. The Committee requests the Government to continue to provide informationon the strengthening of the capacities of those in charge of the investigation of cases of trafficking and the prosecution of perpetrators as well as on the measures taken to overcome the challenges faced by the NAATIP, including strengthening protection and counselling to victims and witnesses during investigations and court proceedings. The Committee requests the Government to continue providing updated information on the investigations carried out, the prosecutions initiated and the convictions and penalties handed down for offences related to trafficking in persons.

Articles 1(1) and 2(1). Freedom of public service employees to leave the service. Following its previous comments, the Committee notes the Government’s information relating to the five grounds on which a request for resignation, pursuant to section III (02301) of the General Order of the Public Service Commission, may be refused. The Government further indicates that there are no known cases in which the Public Service Commission has refused a request for resignation.