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
in various governance areas in order to consolidate democracy and align the entire governance
architecture with international justice and human rights standards. In that regard, the priorities of the
Government are two-fold:
(i)
dealing properly with past human rights violations and abuses, and
(ii)
putting in place a new and resilient architecture to uphold the highest standards of respect for
human rights, the rule of law, and justice, within the framework of a transitional justice process.
Even though the Charter as a whole has not yet been domesticated into Gambian law, various parts of the
Charter have been enacted into statutory law in order to give effect to these provisions. These include:
1. The Children`s Act 2005;
2. The Women`s Act 2010;
3. The Refugees Act 2008;
4. Trafficking in Persons Act 2007;
5. The Sexual Offences Act 2013;
6. Domestic Violence Act 2013;
7. National Human Rights Commission Act 2017;
8. Truth Reconciliation and Reparation Commission Act 2017;
9. Constitutional Review Commission Act 2017;
10. Tourism Offences Act 2008;
11. National Agency for Legal Aid Act 2008;
12. Alternative Dispute Resolution Secretariat Act 2005;
13. Labour Act of 2007;
14. The Ombudsman Act 1997;
15. The Elections Act 2001; and
16. Information and Communications Act 2009;
ARTICLES 2 AND 3: PROHIBITION OF DISCRIMINATION AND THE RIGHT TO EQUALITY
Legal and policy measures
The right to freedom from discrimination and right to equality is protected in the 1997 Constitution. The
Constitution prohibits discrimination. Chapter IV guarantees the fundamental rights and freedoms of every
21