Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points.

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of the latest updated and consolidated text of the Criminal Code (Cap. 10 of the Laws of The Gambia) and the Criminal Procedure Code (Cap. 12:01), as well as copies of the Prison Rules and any other provisions governing the execution of sentences of imprisonment. Please also communicate copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations; and any provisions governing labour discipline in merchant shipping.

Article 1, subparagraph a, of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system  The Committee notes that the following sections of the Criminal Code provide for sanctions of imprisonment which may involve an obligation to perform labour (by virtue of section 29(1)) in circumstances covered by the Convention:

–      section 48(1,2) (possession, importation, publishing, selling, distribution or reproduction of prohibited publications);

–      section 52(1,2), as amended by Act No. 3 of 2005 (uttering any seditious words; printing, publishing, selling, distribution or reproduction of seditious publication; possession or importation of seditious publication);

–      section 59(1) (publishing or reproduction of false statements, rumours or reports which are likely to cause fear or alarm to the public or to disturb the public peace).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring also to the explanations provided in paragraphs 152–166 of its General Survey of 2007on the eradication of forced labour, the Committee points out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association or participation in meetings and demonstrations.

In the light of the above considerations, the Committee requests the Government to provide, in its next report, information on the application in practice of the abovementioned sections 48(1,2), 52(1,2) and 59(1) of the Criminal Code, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Please also provide information on measures taken or envisaged to ensure the observance of the Convention in this regard.

Article 1, subparagraph c. Punishment for breaches of labour discipline in the public service. The Committee notes that, under section 113 of the Criminal Code (neglect of official duty), public servants who wilfully neglect to perform their duty are guilty of a misdemeanour, in which case a punishment of imprisonment (which may involve an obligation to perform labour) for a term not exceeding two years may be applied, in accordance with section 34 (general punishment for misdemeanours).

The Committee requests the Government to supply information on the application of section 113 in practice, including copies of any court decisions defining or illustrating its scope, in order to enable the Committee to ascertain that it is not used as a means of labour discipline within the meaning of the Convention.

Article 1, subparagraph d. Punishment for having participated in strikes. The Committee notes that, under section 139(1) of the Labour Act, 2007, certain industrial actions which are conducted in breach of procedure are deemed improper and may be prohibited by order of the High Court. The Committee requests the Government to indicate, in its next report, whether participation in such industrial actions is punishable with penal sanctions. In the affirmative, please supply a copy of the relevant provisions, as well as information on their application in practice, including copies of the court decisions and indicating the penalties imposed.