THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS &
INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
to Trafficking in Persons. The Acts have also provided concrete guidelines and procedures to guide the
identification and prosecution of perpetrators. Furthermore, it has provided actors involved in combating
Trafficking in Person with the legal backing to conduct advocacy programs.
In spite of all the laws and policy framework put in place, NAATIP is yet to meet the required standard for
the eliminating of trafficking due to inadequate funding, human and material resources to name a few.
NAATIP is yet to fully implement the anti-trafficking national action plan, investigate and prosecuted its
cases due to insufficient funding. Since 2017, the Agency has been ranked Tier 21 watch list as per the
USTIP report, from a TIER 3 ranking since its creation.
The Gambia has signed and ratified the Palermo Protocol which is the Protocol to prevent, suppress and
punish those involved in trafficking in person especially women and children. The Protocol supplements the
UN Conventions against Transnational Organised Crime.
ARTICLE 6: RIGHT TO LIBERTY AND PROTECTION FROM ARBITIARY ARREST
“Every individual shall have the right to liberty and to the security of his person. No one may be
deprived of his freedom except for reasons and conditions previously laid down by law. In
particular, no one may be arbitrarily arrested or detained”.
Section 19 of The Gambian Constitution guarantees “every person” the right to liberty and security of
person. This means the right to personal liberty and security of person is applicable to all deprivations of
liberty, whether in criminal cases or in other cases such as, mental illness and immigration control.
The Constitution prohibits arbitrary arrest or detention and no one is to be deprived of his or her liberty
except on such grounds and in accordance with such procedures as are established by law. The
Constitution provides further that any person who is arrested or detained shall be informed as soon as is
reasonably practicable and in any case within three hours, in a language that he or she understands, of the
reasons for his or her arrest or detention and of his or her right to consult a legal practitioner. Persons who
are arrested or detained for the purpose of bringing them before a court in execution of the order of a court
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USTIP Report 2017
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