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
The Immigration Act contains provisions for the control of immigration into and residence in The Gambia.
Section 3 of the Act provides that the President can grant special immigration status to a person. Section
15 of the Act details to whom the Minister in charge of the department of immigration may make a
deportation order and Section 16 of the Act also provides that a Court may recommend deportation certain
persons identified in the Act. The Department of Immigration is the Government institution charged with the
responsibility of issuing Passports and Nationality identification cards for citizens.
The Government has created an environment for non-Gambians in the country to move freely and live with
non-Gambians protected from any form of discrimination or harassment.
Despite the measures adopted to address the situation of non-Gambians in the country, in 2005 nearly fifty
ECOWAS migrants of mostly Ghanaian citizenship were killed in The Gambia. As part of Transitional
Justice measures, the Government has promised to establish the exact circumstances and truth of what
happened.
Refugees in the country
The Refugee Act has been enacted to make better provisions for the management of refugee affairs in the
country by establishing The Gambia Commission for Refugees. The Act contains provisions for the
determination of refugees and grounds for deprivation of refugee status. Section 40 of the Act provides the
right of appeal to the Minister for any person refused refugee status by the Commission along with
situations when refusal is maintained upon appeal.
The Gambia Commission for Refugee (GCR), which is responsible for the security and protection of
refugees in The Gambia, has been in existence since 2008. The Commission in its bid to create the
enabling environment for refugees, issues visitors pass (laissez passer), refugee ID cards and conventional
travel documents to refugees to ensure refugees can move freely within ECOWAS member states.
However, the Commission is constrained in its efforts to safeguard the interests of refugees due to
inadequate funds and logistics. The availability of transit centres for refugees and asylum seekers in both
the rural and urban areas hinders the work of the GCR to provide the necessary support.
Notwithstanding the various challenges faced, the Government continues to heavily invest in the
management of issues affecting refugees with a view to providing them with favourable atmosphere while
durable solutions are sought.
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