COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF THE GAMBIA IN THE ABSENCE OF THE STATE PARTY

The Committee on Economic, Social and Cultural Rights today considered the initial report of the Gambia on the implementation of the provisions of the International Covenant on Economic, Social and Cultural Rights in the absence of the State Party.

Chandashekhar Dasgupta, Committee Expert and Country Rapporteur, took positive note about the developments in the Gambia such as the enactment of legislation, accession to international instruments and the adoption of some policies, but noted that the implementation of laws and policies and the discharge of international responsibilities were questionable. Among chief concerns were corruption, the question of equal rights between women and men, the failure to adopt the law on violence against women, domestic violence, the very high maternity and child mortality rates, and harmful traditional practices such as female genital mutilation and cutting.

Committee Experts spoke about glaring inequality in the Gambia, where nearly half of the population lived below the poverty line, and the probably alarming state of affairs in health and education sectors. An Expert was concerned about the failure to invest in social welfare and in health systems, explicit discrimination against girls and women in the legislation through personal status laws, and how the treatment of children with disabilities lagged behind times and still followed the medical model and not the social model favoured by the Convention on the Rights of Persons with Disabilities. The report stated that social security benefits for health, maternity and old age did not extend to the informal sector, which was of concern given that 96 per cent of the workforce was employed in the informal sector.

A Committee Expert welcomed the comprehensive Children Act which set out measures to eliminate gender-based violence and bring perpetrators to justice; however, the Act was weak in many areas such as child marriages, female genital mutilation, child labour, and was not known even among the police which was in charge of its implementation. The Gambia Priority Employment Programme 2010-2014 was the main development programme which had built on the Second Poverty Reduction Strategy Paper, but did not incorporate lessons learned. At least 11 per cent of the population was hungry, and, considering that the Gambia imported 60 per cent of its food, this rate was even higher in times of crises; Experts were concerned that the means chosen by the Government to improve local food production did not reach the small-holder farmers in remote areas.

The Committee will release its formal concluding observations and recommendations on the report of the Gambia at the end of its two-week session on 6 March 2015.

The Committee will next meet in public at 3 p.m. on Friday, 6 March to adopt its concluding observations and recommendations on the reports of Paraguay, Tajikistan and the Gambia before concluding its fifty-four session.


Report

The initial report of the Gambia can be read here: (E/C.12/GMB/1).

Questions from Country Rapporteur

CHANDASHEKHAR DASGUPTA, Committee Expert and Country Rapporteur on the Gambia, said that the initial report of the Gambia had been received 22 years late, and that the State Party had failed to respond to the List of Issues in preparation for the consideration of the said report. Mr. Dasgupta confirmed that, in accordance with Rule 62(3) of the Rules of Procedure, the Committee should consider the report of the Gambia in the absence of the delegation. The positive developments in the country were the enactment of legislation, accession to international instrument and the adoption of some policies. However, the implementation of those policies and the discharge of international responsibilities and obligations of the Gambia were questionable.

Among chief concerns were the corruption and the question of equal rights between women and men, notably the denial of Covenant rights to women in matters of marriage, inheritance and divorce through personal laws. A huge gap also existed in women’s rights to employment. Clarity was needed on the fate of the law on violence against women, protection of the family, measures to address domestic violence, the right to an adequate standard of living and housing and what was being done to reduce poverty levels. Among other concerns that needed further information from the State Party were the very high maternity and child mortality rates, harmful traditional practices such as female genital mutilation and cutting, and the alarming school drop-out rates.

Questions from Committee Experts

Committee Experts spoke about the glaring inequality in the Gambia, where nearly half of the population lived below the poverty line. It was not very clear what the state of affairs was in the health and education sector, but given the levels of poverty in the country, it was probably quite alarming; such was also the state of civil and political rights, as attested by the recent coup d’état. Gender-based discrimination seemed deep seated, which was illustrated by the data on poverty contained in the report, showing disproportionate rates of female poverty. The examination of national legislation suggested that economic, social and cultural rights lacked force in the domestic legal order and the failure of the Gambia to translate into laws its international obligations. It was not clear how effective the national human rights institution functioned and whether it could contribute to the enjoyment of human rights. Homosexual relations were punishable by law.

Another Expert said that principal points to raise with the Gambia were a failure to invest in social welfare and in health systems, explicit discrimination against girls and women in the legislation through personal status laws, and that the treatment of children with disabilities lagged behind times and still followed the medical model and not the social model favoured by the Convention on the Rights of Persons with Disabilities. Other issues raised included the absence of a comprehensive anti-discrimination law, social spending since 2010, existence of religious legislation side by side with the state legislation and the impact of Sharia law on the implementation of the Covenant, and that as long as socio-economic conditions remained precarious, polygamy would persist.

In a further series of comments, the Committee Experts said that the very high rate of unemployment, and particularly youth unemployment, was an issue of concern, and wondered whether a follow-up to the Gambia Priority Employment Programme to 2014 had been adopted. The report stated that the social security benefits for health, maternity and old age did not extend to the informal sector, which was of concern given that 96 per cent of the workforce was employed in the informal sector. The question of technical assistance to the Gambia was also raised.

Poverty was an issue of great concern, and Experts said more clarity was needed on the prevailing rate of poverty in the country, and which groups were most vulnerable, marginalized and affected by poverty. Experts wondered about poverty reduction programmes in the Gambia, access to adequate housing, including social housing for the poor, and the situation in informal settlements and slums. The Committee welcomed the comprehensive Children Act which set out measures to eliminate gender-based violence and bring perpetrators to justice; however, the Act was weak in many areas such as child marriages, female genital mutilation and child labour, and was not known even among the police which was in charge of its implementation.

The Gambia Priority Employment Programme 2010-2014 was the main development programme which had built on the Second Poverty Reduction Strategy Paper, but did not incorporate lessons learned. At least 11 per cent of the population was hungry, and, considering that the Gambia imported 60 per cent of its food, this rate was even higher in times of crises. Experts were concerned that the means chosen by the Government to improve the local food production did not reach the small-holder farmers in remote areas.

Progress in the area of education had undeniably been achieved, and the Gambia had allocated a significant budget to the education sector; issues of concern were continuity in resource allocation and the high drop-out rates for girls, especially in rural areas; 65 per cent of girls were enrolled in primary schools, but only about 15 per cent completed primary levels, mainly because of religious reasons, early marriages and associated costs.

Concluding Remarks

CHANDASHEKHAR DASGUPTA, Committee Expert and Country Rapporteur on the Gambia, said that a large number of interventions and comments pointed to the absence of data and lack of clarity on the performance of the Gambia, and said that in order to prepare the concluding observations, the Committee would consult other sources of information, such as other human rights treaty bodies or the Universal Periodic Review.


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ESC15/005E