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 Juvenile Justice System There are currently three children`s courts in the country, located at Kanifing Municipality, Brikama and Basse. These courts apply the ‘best welfare principle’ or the ‘principle of the best interest of the child’ in determining all matters and also apply child friendly procedures in the exercise of their function. The Children’s Courts have exclusive jurisdiction to determine all civil and criminal matters concerning a child including adoption, and applications relating to child care and protection and all criminal charges against children, except treason and offences for which a child is jointly charged with an adult. In accordance with the Children`s Act, the death penalty and corporal punishment cannot be imposed on children. Furthermore, imprisonment is used as a last resort, and for the shortest time possible. Child offenders are also entitled to free legal representation, through the National Agency for Legal Aid. Children in conflict with the law are always separated from adults as required by the Constitution, the Prison Act and Children’s Act from the pre- trial to trial stage. Young offenders are always separated from the adult convicts. There has been a separate juvenile wing at Old Jeshwang Prison since 2000. An After-Arrest Procedure Handbook has also been developed to teach Police officers and social workers at the national and regional levels on the After -Arrest Procedures of child offenders. Employment of Children In respect to the engagement of children in employment, in accordance with the Labour Act and Children’s Act, children are prohibited from employment in hazardous activities, and from being subjected to activities, that would amount to economic exploitation or exploitative labour. Exploitative labour is defined by the labour Act, as labour that deprives the child of his or her health, education or development. Children below the age of 16 years are allowed to engage in light work, which is defined by the Labour Act as work which “is not likely to be harmful to the health or development of the child and does not affect the child`s attendance at school or capacity of the child to benefit from school work.” It is forbidden to engage a child to work at night, between 8 p.m. to 6 a.m. Landmark initiatives aimed at promoting the rights of the child in The Gambia include the amendment of the Children’s Act in 2016 to prohibit the practice of child marriage in its entirety with stiff punitive measures to 96

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