Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

Initial report submitted by the Gambia under article 73 of the Convention, due in 2020 * , ** , ***

[Date received: 19 March 2026]

Abbreviation – Definition

ADRSAlternative Dispute Resolution Secretariat

AfCFTAAfrican Continental Free Trade Area

CATConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

CEDAWConvention on the Elimination of All Forms of Discrimination Against Women

CMWInternational Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

CoPCommunity of Practice

DOLDepartment of Labour

DSWDepartment of Social Welfare

ECOWASEconomic Community of West African States

EUEuropean Union

FGMFemale Genital Mutilation

GANHRIGlobal Alliance of National Human Rights Institutions

GBoSGambia Bureau of Statistics

GCRGambia Commission for Refugees

GIDGambia Immigration Department

GIZGerman Agency for International Cooperation

GPSGambia Prison Service

ILOInternational Labour Organization

IOMInternational Organization for Migration

MIDASMigration Information and Data Analysis System

I.Introduction to the report

1.The Republic of The Gambia ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families on 28 September 2018. In accordance with Article 73 of the Convention and the simplified reporting procedure adopted by the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, the Government of The Gambia submits its initial report in response to the List of Issues Prior to Reporting.

2.This report outlines the legislative, judicial, administrative and policy measures adopted by the State to give effect to the provisions of the Convention. It provides information on the protection of migrant workers and members of their families within the territory and jurisdiction of The Gambia, as well as measures undertaken to protect Gambian nationals working abroad.

3.The report also highlights institutional, financial and technical challenges affecting implementation and describes ongoing efforts to strengthen migration governance, labour migration management and the protection of the human rights of migrants.

II.Preparation of the report

4.The preparation of this report was coordinated by the Ministry of Justice through the Inter-Ministerial Taskforce on Treaty Body Reporting. The drafting process involved consultations with relevant government ministries, departments and agencies responsible for migration governance, labour regulation and human rights protection. These included:

(a)Ministry of Foreign Affairs, International Cooperation and Gambians Abroad (MOFA);

(b)Ministry of Trade, Industry, Regional Integration and Employment (MOTIE);

(c)Ministry of Interior (MOI);

(d)Gambia Immigration Department (GID);

(e)Department of Labour (DOL);

(f)National Agency Against Trafficking in Persons (NAATIP);

(g)Ministry of Gender, Children and Social Welfare (MOGCSW);

(h)National Human Rights Commission (NHRC);

(i)National Agency for Legal Aid (NALA);

(j)Office of the Ombudsman;

(k)Gambia Bureau of Statistics (GBoS).

5.Civil society organisations and development partners working on migration governance, migrant protection and human rights were also consulted during the drafting process.

6.To promote transparency and inclusive participation, a national validation meeting was held on 17 April 2025 during which stakeholders reviewed the draft report and provided comments prior to its submission.

III.Country profile, Government structure and migration context

7.The Republic of The Gambia is the smallest country on mainland Africa, located along the River Gambia and almost surrounded by Senegal, with a narrow coastline along the Atlantic Ocean. According to the preliminary results of the 2024 Population and Housing Census, the population of The Gambia is estimated at approximately 2.4 million people. The country has experienced steady population growth and maintains a relatively young demographic structure.

A.Government structure and judiciary

8.The Republic of The Gambia is a constitutional republic based on the separation of powers between the Executive, the Legislature and the Judiciary. Executive authority is vested in the President and exercised with the support of the Vice-President, Cabinet and the public administration. The current President of the Republic of The Gambia is H.E. Mr. Adama Barrow.

9.Legislative authority is vested in the National Assembly, which is responsible for enacting laws and exercising oversight over the Executive. The National Assembly of The Gambia is a unicameral legislature composed of 58 members. Of these, 53 members are directly elected through universal adult suffrage from constituencies across the country, while 5 members are nominated by the President in accordance with the Constitution. To facilitate its legislative and oversight functions, the National Assembly operates through a system of standing committees. These committees examine bills, review government policies and programmes, and conduct oversight of public institutions. Key committees include:

(a)The Public Accounts and Public Enterprises Committee (PAC/PEC);

(b)Finance and Public Accounts Committee;

(c)Foreign Affairs Committee;

(d)Health Committee;

(e)Education Committee;

(f)Agriculture Committee;

(g)Gender and Children Committee;

(h)Trade and Tourism Committee;

(i)Defence and Security Committee, and other specialised committees established by the Assembly.

10.The Judicial authority is vested in the courts and is headed by the Chief Justice. The judicial system comprises the Supreme Court as the highest court of appeal, followed by the Court of Appeal, the High Court and subordinate courts, including Magistrates’ Courts, Children’s courts and specialised courts established under national legislation.

B.Administrative regions

11.For administrative purposes, The Gambia is divided into five regions and two municipal councils. The regions are West Coast Region, North Bank Region, Lower River Region, Central River Region and Upper River Region, each headed by a Governor representing the central government. In addition, Banjul City Council and Kanifing Municipal Council serve as the principal municipal authorities responsible for local governance and service delivery in the country’s main urban areas and are headed by Mayors elected in accordance with local government legislation.

C.Migration context

12.Migration has long been an important feature of Gambian society and economic life. Many Gambian nationals migrate abroad in search of employment opportunities, education and improved livelihoods. At the same time, The Gambia hosts migrant workers from neighboring West African countries, particularly within the framework of the Economic Community of West African States (ECOWAS), which promotes regional mobility and labour migration. Migrant workers in The Gambia are mainly engaged in sectors such as trade, tourism, agriculture, fisheries and construction.

13.Migration also plays an important role in the national economy. Remittances from Gambians living abroad continue to represent a significant source of foreign exchange. Irregular migration routes from West Africa towards North Africa and Europe have also affected The Gambia. In response, the Government has undertaken measures to promote safe, orderly and regular migration pathways while addressing the risks associated with irregular migration, migrant smuggling and trafficking in persons.

IV.Migration governance framework in The Gambia

14.Over the past decade, The Gambia has taken steps to strengthen migration governance through legislative reforms, policy development and improved institutional coordination.

A.Legal framework

15.Migration governance in The Gambia is grounded in the Constitution of the Republic of The Gambia (1997) and national legislation regulating immigration and labour relations. The Constitution guarantees fundamental rights and freedoms to all persons within the territory of the State, including migrant workers and members of their families. Relevant provisions include:

•Section 17 which guarantees fundamental rights and freedoms;

•Section 19 which protects the right to personal liberty;

•Section 22 which guarantees freedom of movement subject to lawful restrictions;

•Section 33 which prohibits discrimination.

16.Migration management is further regulated by the Immigration Act 1965, which governs the entry, residence and removal of foreign nationals and establishes the mandate of the Gambia Immigration Department.

17.The Labour Act 2023 also provides protections relating to employment conditions, wages, occupational safety and labour dispute resolution applicable to workers regardless of nationality.

B.Policy frameworks

18.In addition to legislative provisions, the Government has adopted several policy frameworks aimed at strengthening migration governance and migrant protection. These include:

(a)National Migration Policy 2020–2030;

(b)Labour Migration Strategy and Action Plan 2022–2026;

(c)Migration Communication Strategy 2021–2025;

(d)National Return and Reintegration Strategy.

19.These policy instruments aim to strengthen labour migration governance, promote safe migration pathways, enhance protection mechanisms for migrants and support the sustainable reintegration of returning migrants.

C.Institutional coordination

20.Institutional coordination on migration issues is facilitated through the National Coordination Mechanism on Migration established in 2018 and coordinated by the Ministry of Foreign Affairs, International Cooperation and Gambians Abroad.

21.The mechanism brings together relevant government institutions involved in migration governance, including the Ministry of Interior, the Gambia Immigration Department, the Ministry of Trade, Industry, Regional Integration and Employment, the Ministry of Justice, the Ministry of Gender, Children and Social Welfare, the Gambia Bureau of Statistics and the National Agency Against Trafficking in Persons.

22.The mechanism also engages civil society organisations and international partners, including the International Organization for Migration, in order to promote a coordinated approach to migration governance.

23.At the regional level, The Gambia participates in migration governance initiatives under the ECOWAS Protocol on Free Movement of Persons, Residence and Establishment, which facilitates mobility and labour migration within the West African region.

V.Replies to the list of issues prior to reporting (CMW/C/GMB/QPR/1)

24.The responses to the List of Issues Prior to Reporting are organised thematically in order to provide a clear overview of the legislative, policy and institutional measures adopted by The Gambia to implement the Convention. Each section addresses the issues raised by the Committee while grouping related matters together.

Replies to paragraphs 1 and 2

Legal and policy framework for the protection of migrant workers

25.The Gambia does not currently have a standalone legislative framework specifically dedicated to the protection of migrant workers and members of their families. However, a number of constitutional guarantees and sectoral laws provide safeguards that reflect key principles contained in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. These provisions ensure protection against discrimination, guarantee access to justice, regulate labour conditions and provide safeguards for vulnerable groups including migrant children.

(a)Constitutional safeguards

26.The Constitution of the Republic of The Gambia (1997) provides the overarching legal framework for the protection of fundamental rights and freedoms applicable to all persons within the jurisdiction of the State. Chapter IV of the Constitution guarantees several rights that are directly relevant to the protection of migrant workers. These include:

•Section 17, which guarantees fundamental rights and freedoms;

•Section 19, which protects the right to personal liberty and establishes safeguards against arbitrary arrest or detention;

•Section 24, which guarantees the right to a fair hearing by an independent and impartial court in the determination of civil rights and obligations or criminal charges;

•Section 25, which guarantees protection of the law and access to legal remedies;

•Section 33, which prohibits discrimination and provides that all persons shall be treated equally before the law regardless of race, place of origin, political opinion, colour, ethnic origin or gender.

27.These constitutional guarantees apply to all persons within the jurisdiction of The Gambia and therefore extend protections to migrant workers and members of their families.

(b)Immigration legislation

28.Migration management in The Gambia is primarily regulated by the Immigration Act 1965. The Act governs the entry, residence and removal of foreign nationals and establishes the mandate of the Gambia Immigration Department.

29.The legislation provides procedures governing immigration control, residence permits and deportation decisions and forms the legal basis for the administration of immigration matters within the country.

30.The Government has initiated efforts to review and modernise immigration legislation in order to strengthen migration governance and improve safeguards for migrants in line with evolving migration dynamics.

(c)Labour protection legislation

31.The Labour Act 2023 establishes the legal framework governing employment relations in The Gambia. The Act requires employers to provide written employment contracts and regulates wages, working conditions and occupational safety standards.

32.The Act reinforces the principle of non-discrimination in employment and establishes labour inspection mechanisms responsible for monitoring compliance with labour standards. These protections apply to workers regardless of nationality.

33.The legislation also establishes mechanisms for the resolution of labour disputes through mediation by the Department of Labour and adjudication by the Industrial Tribunal. These mechanisms provide avenues through which workers, including migrant workers, may seek redress in cases involving employment related disputes.

(d)Protection against trafficking and exploitation

34.The Trafficking in Persons Act 2007 criminalises trafficking in persons and establishes legal and institutional mechanisms for the prevention, investigation and prosecution of trafficking offences as well as protection and assistance for victims.

35.The Act established the National Agency Against Trafficking in Persons (NAATIP), which coordinates national anti-trafficking measures. The Agency works with law enforcement institutions, social welfare services and civil society organisations to identify victims of trafficking, provide protection and support services and conduct public awareness campaigns aimed at preventing trafficking in persons.

(e)Protection of vulnerable groups, including women, children and persons with disabilities

36.The Gambia has adopted several legislative measures aimed at protecting vulnerable groups, including women, children and persons with disabilities. These protections extend to migrant workers and members of their families within the jurisdiction of the State.

37.The Children’s Act 2005 establishes a comprehensive framework for the protection and welfare of children and incorporates the principle of the best interests of the child under section 5. The Act further provides safeguards against economic exploitation and hazardous child labour under section 20 and protects children from trafficking and other forms of exploitation.

38.The Women’s Act 2010 provides a legal framework for the promotion and protection of women’s rights in The Gambia. The Act domesticated the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol). The Act includes provisions addressing gender equality, protection from gender based violence and the promotion of women’s economic and social rights.

39.For example, section 29 of the Women’s Act recognises the right of women to equal opportunities in employment and economic activities and promotes protection against discrimination in employment and working conditions. These protections are particularly relevant to women migrant workers and contribute to safeguarding their rights in areas such as employment, protection from exploitation and equal treatment in the workplace.

40.The Persons with Disabilities Act 2021 prohibits discrimination on the basis of disability and promotes equal access to employment, education, health services and public facilities for persons with disabilities. Taken together, these legislative frameworks contribute to safeguarding the rights of vulnerable groups including migrant women, migrant children and migrants with disabilities and reinforce the principles of equality, non-discrimination and protection contained in the Convention.

(f)Monitoring and oversight mechanisms

41.The National Human Rights Commission (NHRC), established under the National Human Rights Commission Act 2017, plays an important role in monitoring the protection of human rights in The Gambia.

42.Section 5 of the Act establishes the Commission as an independent national institution mandated to promote and protect human rights in accordance with the Constitution and international human rights obligations. The Commission was established in line with the Paris Principles, which set the standards for independence, effectiveness and broad mandates of national human rights institutions.

43.Under section 12 of the Act, the Commission is empowered to receive and investigate complaints relating to alleged violations of human rights and to monitor compliance with national and international human rights standards. Section 13 further authorises the Commission to conduct investigations on its own initiative where it considers that a human rights violation may have occurred.

44.The Commission also undertakes public education, research and awareness raising activities aimed at promoting respect for human rights and strengthening the protection of vulnerable groups.

45.Importantly, the Commission may receive complaints from both citizens and non-citizens and therefore provides an important avenue through which migrant workers and members of their families may seek redress in cases involving alleged human rights violations.

46.The National Human Rights Commission has been granted A status accreditation by the Global Alliance of National Human Rights Institutions (GANHRI), confirming its compliance with the Paris Principles and recognising it as an independent institution with a mandate to monitor and promote human rights in accordance with international standards.

(g)Policy frameworks supporting implementation of the Convention

47.In addition to legislative measures, the Government has adopted policy frameworks that strengthen migration governance and migrant protection. These include:

(a)National Migration Policy 2020–2030;

(b)Labour Migration Strategy and Action Plan 2022–2026;

(c)Migration Communication Strategy 2021–2025;

(d)National Return and Reintegration Strategy.

48.Implementation of these policies is coordinated through the National Coordination Mechanism on Migration established in 2018. The mechanism brings together relevant ministries, departments and agencies as well as civil society organisations and international partners including the International Organization for Migration. Together, these legislative and policy frameworks contribute to safeguarding many of the rights contained in the Convention including protection against discrimination, access to justice, protection against exploitation and the protection of vulnerable groups.

Replies to paragraphs 7 and 8

1.Legal status of the Convention in domestic law

49.The Constitution does not provide for the automatic incorporation of international treaties into domestic law. The Gambia follows a dualist legal system, under which international treaties ratified by the State do not have direct effect within the domestic legal order unless they are incorporated through national legislation enacted by the National Assembly. Consequently, although the State has ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, its provisions become directly enforceable in domestic courts only where they are reflected in or incorporated through domestic legislation.

50.Nevertheless, Gambian courts may refer to international human rights instruments as interpretive guidance when interpreting domestic legislation. State v. Yankuba Touray (SC No. CR/001/2020), the Supreme Court held that unincorporated treaties, particularly those relating to human rights, may be relied upon as interpretive aids to clarify ambiguities in domestic law and to fill gaps where national legislation is silent.

2.Courts and complaint mechanisms

51.Migrant workers and members of their families, irrespective of migration status, have access to the ordinary courts of The Gambia, including the Magistrates’ Courts, the High Court and appellate courts, in both civil and criminal matters. In addition to the ordinary courts, complaints involving migrant workers may be addressed through administrative and alternative dispute resolution mechanisms, including:

(a)The Department of Labour, which mediates employment disputes and may facilitate compensation settlements;

(b)The Office of the Ombudsman, which investigates complaints relating to maladministration within public institutions;

(c)The National Human Rights Commission, which receives and investigates complaints concerning human rights violations;

(d)The Alternative Dispute Resolution Secretariat (ADRS), which facilitates mediation and settlement of disputes;

(e)The National Agency for Legal Aid (NALA), which provides legal advice and representation in eligible cases.

52.These mechanisms provide accessible avenues through which migrant workers and their family members may seek remedies for violations of their rights.

3.Legal aid and access to justice

53.Legal assistance is provided through the National Agency for Legal Aid, which offers representation in selected criminal matters and legal advice in civil matters. Migrant workers may also obtain assistance through the National Human Rights Commission, the Department of Labour, and civil society organizations working on migration and human rights.

54.Victims of trafficking in persons receive assistance through the National Agency Against Trafficking in Persons (NAATIP), which provides shelter, psychosocial support, legal advice and assistance with family tracing and reunification. Cases identified as trafficking are referred to the Ministry of Justice for legal advice and prosecution.

55.In 2023, a conviction was secured in The State v. Jerome Jatta (HC/012/20/CR/006/AO), in which the accused was convicted for acting as an intermediary for the purpose of trafficking in persons. Additional prosecutions have recently resulted in further convictions for trafficking-related offences, demonstrating the State’s continued efforts to strengthen accountability for trafficking in persons.

56.Information regarding available remedies may be obtained through several institutions, including the National Human Rights Commission, the Department of Labour, the Office of the Ombudsman, and the National Agency for Legal Aid, which provide guidance, legal advice and referral services for individuals seeking redress for violations of their rights.

4.Data collection and monitoring of complaints

57.At present, the courts of The Gambia do not maintain case records disaggregated on the basis of the migration status of complainants. Judicial statistics are therefore not systematically categorized according to whether a complainant is a migrant worker or a national, nor are they disaggregated by sex, age, nationality, field of occupation or migration status.

58.The Government recognizes the importance of strengthening the collection and monitoring of data relating to complaints brought by migrant workers and members of their families. In recent years, the Judiciary of The Gambia has undertaken efforts to improve case management and judicial record-keeping through the gradual introduction of digital case management systems and enhanced court administration processes. These reforms are intended to improve the tracking and reporting of cases handled by the courts.

59.Although comprehensive statistics on complaints brought specifically by migrant workers are not yet maintained in a centralized system, ongoing efforts to strengthen judicial data management are expected to improve the availability of such information.

5.Redress and compensation

60.Courts in The Gambia may order compensation for violations of individual rights. In addition, labour disputes resolved through the Department of Labour often result in mediated settlements, including financial compensation for affected workers.

61.Redress has also been provided through the transitional justice process established following the recommendations of the Truth, Reconciliation and Reparations Commission (TRRC). In its findings concerning the July 2005 killing of West African migrants, the TRRC concluded that more than 67 migrants were unlawfully killed by members of the former regime’s security apparatus. The Government accepted the substance of these findings in its White Paper and recognized the victims for the purposes of reparations.

62.The TRRC determined that 54 West African migrants qualified for final reparations, and a total amount of D32.4 million was allocated to be paid through the victims’ respective governments as part of the national reparations programme. This constitutes an important example of non-judicial redress for migrant victims and their families, although prosecutions in relation to this matter remain pending within the broader accountability process of the government.

Replies to paragraphs 9 and 10

Measures to ensure non-discrimination and protection against racism, xenophobia and violence affecting migrant workers

63.The Constitution of the Republic of The Gambia guarantees fundamental rights and freedoms to all persons within the territory of the State and prohibits discrimination under section 33. These constitutional guarantees apply to migrant workers and members of their families within the jurisdiction of the State, irrespective of their migration status. The National Human Rights Policy and Action Plan (2021–2025) further reinforces the principle that protection from discrimination applies to all persons in The Gambia.

64.The Government has taken steps to strengthen the legal and policy framework for the protection of migrant workers and members of their families. The Labour Act, 2023 contains provisions relating to non-discrimination, equal remuneration for work of equal value, maternity protection, occupational safety and health, and labour inspection mechanisms aimed at ensuring fair treatment in the workplace. These provisions contribute to promoting equality and protecting migrant workers from discriminatory employment practices.

65.In addition, the National Migration Policy 2020-2030 promotes the protection of migrants’ rights and commits the State to ensuring non-discrimination in public institutions, improving access to basic services for migrants, and strengthening institutional capacity to address the protection needs of vulnerable migrants. The policy also promotes awareness‑raising and training for immigration officials, law enforcement officers and other relevant authorities to ensure that migration governance is implemented in a rights-based and non-discriminatory manner.

66.The Recovery-Focused National Development Plan (RF-NDP) 2023-2027 also provides an important policy framework for inclusive development. Under Pillar VI, “Empowerment, Social Inclusion and Leaving No One Behind,” the Government recognizes social exclusion, discrimination and stigmatization as barriers to inclusive development and commits to addressing them through national policies and programmes that promote equality and social cohesion.

67.Institutional mechanisms also contribute to protecting migrant workers from discrimination, abuse and exploitation. The National Human Rights Commission (NHRC) is mandated to receive and investigate complaints relating to alleged human rights violations, including discrimination and ill-treatment affecting migrants. The Department of Labour conducts workplace inspections and may intervene in labour disputes involving unfair treatment or exploitation of workers. In addition, the National Agency Against Trafficking in Persons (NAATIP) provides protection and assistance to victims of trafficking, including migrant victims, through shelter, psychosocial support, legal advice and referral services.

68.The Government has also undertaken capacity-building and sensitisation initiatives for immigration officers, law enforcement officials and other public servants aimed at strengthening awareness of migrants’ rights and promoting respectful and non-discriminatory treatment in the implementation of migration laws and policies.

69.While available information indicates that large-scale incidents of racism or xenophobic violence against migrant workers are not prevalent, the Government recognizes the importance of maintaining vigilance and strengthening preventive measures. Efforts continue to improve public awareness, strengthen institutional responses and ensure that migrant workers and members of their families are able to enjoy their rights without discrimination and with access to appropriate protection mechanisms.

70.These institutional and legal measures are complemented by long-standing traditions of social solidarity and hospitality within Gambian communities, where migrants from neighboring countries have historically lived and worked alongside nationals. Community networks and local support structures often play an important role in facilitating the integration of migrants into social and economic life and contribute to an environment that promotes tolerance and mutual respect.

Replies to paragraphs 11 and 12

Protection of migrant workers in irregular situations and prevention of labour exploitation

71.Migrant workers and members of their families in irregular situations remain entitled to fundamental human rights protections under the Constitution and relevant national legislation. In practice, migrants encountered within the territory of The Gambia who are identified as vulnerable may be referred to appropriate protection services through established institutional mechanisms.

72.Institutions such as the Department of Social Welfare, the National Agency Against Trafficking in Persons (NAATIP) and relevant law enforcement authorities cooperate in identifying migrants who may be victims of trafficking, exploitation or other forms of abuse. Individuals identified as vulnerable may receive assistance including shelter, psychosocial support, counselling and referral to appropriate services.

73.The Government has also strengthened programmes aimed at supporting migrants who return to The Gambia after irregular migration journeys. Reintegration initiatives provide assistance through livelihood support, vocational training and psychosocial services in order to facilitate sustainable reintegration into communities and reduce vulnerabilities that may contribute to repeated irregular migration.

74.On prevention and elimination of labour exploitation, the government has adopted legislative and institutional measures aimed at preventing labour exploitation, including forced labour and trafficking in persons.

75.The Labour Act, 2023 strengthens labour standards and mandates the Department of Labour to conduct inspections in employment settings in both the public and private sectors. Labour inspectors are empowered to investigate violations of labour standards, including situations involving exploitation or abusive working conditions.

76.The Trafficking in Persons Act criminalizes trafficking for purposes of labour or sexual exploitation and establishes mechanisms for the identification, protection and rehabilitation of victims. The National Agency Against Trafficking in Persons coordinates national efforts to prevent trafficking and works with law enforcement agencies to investigate and prosecute trafficking offences.

77.The detection of illegal employment practices involving migrant workers is also supported through cooperation between the Department of Labour, the Gambia Immigration Department, the Gambia Police Force which monitors the employment of foreign workers and compliance with relevant regulations.

78.In addition, awareness-raising initiatives on labour rights, trafficking in persons and safe migration have been conducted in collaboration with civil society organisations and international partners in order to strengthen prevention efforts and improve identification of victims of labour exploitation and to promote safe migration pathways.

Reply to paragraph 13

Steps taken to accede to the Slavery Convention and the Supplementary Convention

79.The Government of The Gambia remains firmly committed to the eradication of slavery and practices analogous to slavery and continues to align its national legal framework with international standards aimed at preventing and eliminating such practices.

80.The Slavery Convention of 1926, as amended by the 1953 Protocol, was originally extended to The Gambia during the colonial period through the United Kingdom. Following independence, The Gambia reaffirmed its commitment to the Convention by depositing its own instrument of accession on 9 April 2008, thereby confirming its adherence to the Convention’s obligations concerning the suppression of slavery and the slave trade.

81.The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956) was also extended to The Gambia prior to independence. While the Convention remains applicable through that extension, The Gambia has not yet deposited a separate instrument of accession or ratification following independence. Nevertheless, the principles contained in the Supplementary Convention are reflected in the country’s domestic legal framework addressing trafficking in persons, forced labour and related forms of exploitation.

82.At the constitutional level, the Constitution of the Republic of The Gambia guarantees protection of the dignity and liberty of all persons and prohibits slavery, servitude and forced labour. These constitutional guarantees apply to all persons within the jurisdiction of the State and form the foundation of the national legal framework aimed at preventing exploitation and abuse.

83.Domestic legislation further reinforces these protections. The Trafficking in Persons Act criminalizes trafficking in persons for purposes of labour or sexual exploitation and establishes mechanisms for the identification, protection and rehabilitation of victims. The Act also establishes institutional coordination mechanisms through the National Agency Against Trafficking in Persons (NAATIP), which is responsible for coordinating national efforts relating to prevention, protection of victims and prosecution of offenders.

84.The Labour Act 2023 also strengthens safeguards against exploitative labour practices. The Act regulates employment relationships, establishes labour standards relating to wages, working conditions and occupational safety, and empowers labour inspectors within the Department of Labour to monitor workplaces, investigate violations of labour standards and detect practices that may amount to forced labour or exploitation.

85.In addition, the Children’s Act (as recently revised in 2024) provides comprehensive safeguards for the protection of children from exploitation and harmful practices. The Act prohibits child trafficking, exploitative child labour and other forms of abuse affecting children, and establishes institutional responsibilities for child protection authorities, to identify and support children who are victims of abuse, neglect or exploitation. These measures contribute to preventing practices similar to slavery affecting children.

86.The Gambia is also party to several international instruments reinforcing the prohibition of slavery and forced labour, including the Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced Labour Convention, 1957 (No. 105) of the International Labour Organization. These commitments strengthen the national legal and institutional framework for addressing practices related to slavery, forced labour and human trafficking.

87.Through these international commitments, legislative measures and institutional mechanisms, The Gambia continues to strengthen its efforts to prevent and eliminate slavery, trafficking in persons and other practices similar to slavery in accordance with international human rights standards.

Replies to paragraphs 14 and 15

Measures to protect the rights of migrant children, including unaccompanied and irregular migrants, and measures to address child labour

(a)Legal framework protecting migrant children

88.The Government of The Gambia has established a legal and policy framework to protect the rights of all children within its jurisdiction, including migrant children, unaccompanied children and children in irregular migration situations.

89.The Children’s Act 2005 provides the principal legal basis for child protection. Section 3 establishes the best interests of the child as a primary consideration in all actions concerning children. Section 5 guarantees protection from discrimination, including discrimination based on nationality or social origin. Section 7 recognizes the right of every child to survival and development and protection from neglect, abuse and exploitation. In addition, Section 41 prohibits exploitative child labour and protects children from hazardous work likely to endanger their health, safety or moral development.

90.Additional legislation has strengthened protection against harmful practices affecting children. The Women’s (Amendment) Act 2015 criminalizes Female Genital Mutilation (FGM) and provides penalties for perpetrators. The Children’s (Amendment) Act 2016 also prohibits child marriage, establishing criminal penalties including imprisonment for individuals who facilitate or contract a marriage involving a minor.

(b)Institutional mechanisms for protecting migrant and unaccompanied children

91.The institutional framework for child protection is coordinated through the Directorate of Children’s Affairs, established in 2020 under the Ministry of Gender, Children and Social Welfare. The Directorate is responsible for coordinating child protection policies and programmes aimed at preventing abuse, exploitation and neglect.

92.Protection services are delivered through collaboration between several national institutions, including the Department of Social Welfare, the Gambia Police Force Gender and Child Welfare Unit, and other relevant authorities. These institutions work together to identify children in vulnerable situations and provide appropriate protection and welfare services.

93.In practice, unaccompanied migrant children identified by authorities may be referred to the temporary shelter coordinated by the Department of Social Welfare, where they receive temporary accommodation, psychosocial support and case management services. Authorities may also undertake family tracing and reunification procedures, where appropriate, in cooperation with relevant national authorities and international partners.

(c)Border protection measures for children

94.Measures are also in place to protect children in cross-border movements. Immigration authorities require children travelling across borders to present appropriate identification and travel documentation, including passports, birth certificates or other verification documents where applicable. These procedures are intended to prevent trafficking, abduction and other forms of exploitation affecting children in migration contexts.

95.Where children are identified crossing borders without appropriate documentation or guardianship arrangements, immigration authorities may refer such cases to the Department of Social Welfare and relevant child protection services in order to assess the child’s situation and ensure that the child’s best interests are protected.

(d)Measures to prevent child labour and exploitation

96.The Government has also adopted legislative and policy measures aimed at preventing child labour and exploitation. The Labour Act 2023 strengthens labour standards and enforcement mechanisms relating to labour practices and empowers the Department of Labour to conduct workplace inspections in both the public and private sectors in order to detect violations of labour standards, including situations involving child labour.

97.The Child Labour Unit within the Department of Labour carries out advocacy, sensitization programmes and labour inspections aimed at preventing child labour and promoting compliance with labour standards. The unit works closely with the Directorate of Children’s Affairs and the Department of Social Welfare to ensure that children withdrawn from exploitative labour situations receive appropriate welfare services.

98.A National Child Labour Policy has been developed and validated and is currently awaiting Cabinet approval. The policy aims to strengthen coordination among relevant institutions, improve monitoring and data collection on child labour, and enhance protection mechanisms for vulnerable children.

(e)Coordination mechanisms and protection initiatives

99.To strengthen coordination in child protection matters, the Government has established multi-agency coordination platforms. The Child Justice Committee, comprising representatives from the Ministry of Gender, Children and Social Welfare, the Ministry of Justice, the Judiciary, security agencies and development partners including UNICEF, meets regularly to address issues relating to child protection and justice for children.

100.The National Agency Against Trafficking in Persons (NAATIP) plays a key role in protecting children who may be victims of trafficking or exploitation. NAATIP conducts public awareness campaigns, investigates trafficking cases and provides victims with assistance including temporary shelter, psychosocial support, legal advice and support for family reunification or reintegration.

101.Victims of sexual and gender-based violence, including children, may also receive assistance through One-Stop Centres located at major hospitals, which provide integrated services including medical treatment, psychosocial counselling, forensic examination and referral to law enforcement and social welfare services. In addition, the Sexual and Gender‑Based Violence (SGBV) Unit within the Ministry of Justice prioritises the prosecution of cases involving sexual violence and exploitation, including offences involving child victims.

102.Community-based child protection structures also contribute to identifying and supporting vulnerable children. Community child protection committees operate at local level to monitor child protection concerns, raise awareness on issues such as child labour, trafficking and harmful practices, and refer cases involving vulnerable children to relevant authorities including social welfare services and law enforcement agencies.

103.In situations where children are found in vulnerable circumstances, including those engaged in street begging or other forms of exploitation, the Ministry of Gender, Children and Social Welfare, in collaboration with the Gambia Police Force and other partners, facilitates the withdrawal of children from harmful environments and provides shelter, psychosocial support and referral to appropriate services.

104.Through these legislative frameworks, institutional mechanisms and community‑based initiatives, The Gambia will continue to strengthen measures aimed at protecting migrant children and preventing child labour and exploitation in accordance with national law and international child protection standards.

Reply to paragraph 16

Measures to investigate allegations of harassment, corruption and abuse of authority by law enforcement officials

105.The Government of The Gambia recognises the importance of ensuring that migrant workers and members of their families are protected from harassment, corruption and abuse of authority by law enforcement officials. Constitutional guarantees, national legislation and institutional oversight mechanisms provide safeguards aimed at preventing ill-treatment, arbitrary arrest and violations of due process.

106.Oversight and accountability mechanisms exist to address allegations of misconduct by public officials, including police and immigration officers. For example:

(a)The National Human Rights Commission (NHRC) is mandated to receive and investigate complaints concerning alleged violations of human rights by public officials, including law enforcement officers. The Commission may conduct investigations and make recommendations to the relevant authorities. The NHRC’s mandate extends to all persons within the territory, including migrant workers and members of their families, who may file complaints regarding violations of their rights;

(b)The Office of the Ombudsman also investigates complaints relating to maladministration within public institutions and may address grievances arising from the conduct of public officials;

(c)In addition, allegations of misconduct may be investigated through internal disciplinary procedures within the relevant security agencies, including the Gambia Police Force and the Gambia Immigration Department. Where evidence of criminal conduct is established, such cases may be referred for prosecution before the competent courts;

(d)Victims of violence or abuse may also seek remedies through the ordinary courts. Within the Ministry of Justice, the Sexual and Gender-Based Violence (SGBV) Unit prioritizes the investigation and prosecution of cases involving sexual violence and exploitation, including offences affecting vulnerable individuals;

(e)Victims of sexual and gender-based violence, including migrant workers, may also access integrated services through One-Stop Centres located at major hospitals, which provide medical treatment, psychosocial counselling, forensic services and referral to law enforcement and social welfare authorities.

107.At present, comprehensive disaggregated statistics on complaints specifically involving migrant workers and members of their families are not centrally maintained. However, allegations of misconduct by law enforcement officials are addressed through the mechanisms described above. Efforts are ongoing to strengthen data collection and monitoring systems relating to complaints and investigations involving public officials.

Reply to paragraph 17

Due process and procedural safeguards in immigration enforcement

(a)Whether breaches of immigration law are criminal offences and safeguards ensuring due process

108.The Immigration Act regulates the entry, residence and removal of foreign nationals. Section 6 of the Act identifies categories of “prohibited immigrants,” including persons who enter the country without lawful authority, individuals previously deported from The Gambia, persons suspected of criminal activities or threats to public order, and individuals who obtain entry through fraudulent documentation. Section 32 establishes penalties for offences under the Act, including imprisonment for a term not exceeding one year, a fine not exceeding two thousand Dalasis (D2,000), or both.

109.Procedural safeguards applicable to persons suspected of breaching immigration laws are guaranteed under the Constitution. Section 19 guarantees the right to personal liberty and provides that no person shall be deprived of liberty except in accordance with procedures permitted by law. Section 19(3) further requires that any person arrested or detained must be brought before a court within seventy-two (72) hours, unless released earlier. In addition, Section 21 prohibits inhuman or degrading punishment or treatment, while Section 24 guarantees the right to a fair hearing before an independent and impartial court.

110.Procedural safeguards relating to arrest and detention are further reinforced under the Criminal Procedure Act, 2025. Section 9 requires that a person who is arrested must be promptly informed of the reason for the arrest and of their rights, while section 10 provides that an arrested person may notify a family member or another person of the arrest. These safeguards apply to all persons, including migrant workers.

111.Migrants encountered in situations of irregular entry or residence may be temporarily detained while their status is verified. Such procedures are typically conducted by the Gambia Immigration Department, including at the Migration Transit Centre in Tanji, where migrants may be interviewed in order to determine their nationality, assess protection needs and consider available options for regularization, voluntary return or integration.

(b)Measures ensuring consular access

112.In accordance with Article 16(7) of the Convention, detained migrant workers are afforded the opportunity to communicate with the consular or diplomatic authorities of their countries of origin. The Gambia Prison Service facilitates such communication, particularly in situations involving prolonged detention, emergencies or the death of a detainee in custody, in which case relevant diplomatic missions are notified in order to facilitate necessary arrangements.

(c)Due process safeguards for unaccompanied children in migration-related procedures

113.Special safeguards apply to children encountered in migration-related procedures. Where unaccompanied minors are identified, relevant authorities may refer the child to the Ministry of Gender, Children and Social Welfare, which provides temporary shelter and psychosocial support services through the Department of Social Welfare. Authorities also undertake family tracing and reunification procedures, where appropriate, in cooperation with relevant national authorities and international partners. These measures are guided by the Children’s Act which establishes the best interests of the child as a primary consideration in all actions concerning children.

Reply to paragraph 18

Border control measures, asylum procedures and safeguards against refoulement and collective expulsion

114.The Refugee Act, 2008 provides the legal basis for refugee protection and establishes the Gambia Commission for Refugees (GCR) as the national authority responsible for refugee status determination, protection and assistance. The Act outlines procedures for the registration and assessment of asylum claims and provides for an appeal mechanism, including under section 40, where refugee status is refused.

115.The national refugee protection framework operates in line with The Gambia’s international obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, as well as the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. These instruments guide the implementation of refugee protection within the national legal framework, including the principle of non-refoulement, which prohibits the return of individuals to territories where their life or freedom may be threatened.

116.In practice, individuals seeking asylum upon arrival at or near the borders of The Gambia are referred to the Gambia Commission for Refugees for registration, assessment and processing of their claims. The Commission works in coordination with the Gambia Immigration Department, the Ministry of Interior, and international partners, including the Office of the United Nations High Commissioner for Refugees (UNHCR), in carrying out refugee status determination procedures and providing protection and assistance to asylum seekers and refugees.

117.In recent years, the country has hosted approximately 5,000-6,000 refugees and asylum seekers, the majority originating from Senegal, particularly from the Casamance region, reflecting the long-standing displacement associated with the Casamance conflict. Smaller numbers originate from other countries in West Africa, including Sierra Leone, Liberia, Guinea and Côte d’Ivoire, as well as a limited number of individuals from outside the region.

118.Border management and reception procedures are implemented through an inter‑agency approach involving several institutions. The Gambia Immigration Department is responsible for border control and the initial screening of individuals entering the territory, while asylum seekers are referred to the Gambia Commission for Refugees for further processing. Humanitarian partners also provide support during the reception process. In particular, the Gambia Red Cross Society assists vulnerable migrants and asylum seekers through transport support, shelter assistance, restoring family links and other humanitarian services, including assistance provided at reception facilities such as the Tanji Reception Centre.

119.The operational procedures governing asylum processing contribute to safeguards against refoulement and collective expulsion. Individuals who express an intention to seek asylum are referred to the refugee protection framework established under the Refugee Act, and their claims are assessed through established procedures rather than being summarily returned. The availability of an appeal mechanism under section 40 of the Refugee Act further strengthens protection against arbitrary rejection or removal.

120.Through these measures, The Gambia seeks to ensure that individuals in need of international protection are identified and referred to the appropriate national mechanisms in accordance with national legislation and international refugee protection standards.

Reply to paragraph 19

Measures to ensure immigration detention is used only as a last resort and for the shortest possible duration, including alternatives to detention

121.The Government seeks to ensure that immigration detention is applied only where necessary and for the shortest possible period. Constitutional safeguards relating to personal liberty apply to all persons within the territory of the State, including migrant workers and members of their families. Under section 19(3) of the Constitution, a person who is arrested or detained must be brought before a court within seventy-two (72) hours, unless released earlier.

122.Migrants encountered in situations of irregular entry or residence may be temporarily accommodated at the Migration Transit Centre in Tanji, which functions primarily as a reception and screening facility under the authority of the Gambia Immigration Department. The facility is used to verify identity and nationality, assess protection needs and determine appropriate follow-up measures.

123.Following the screening process, migrants are informed of their rights and are provided with information to enable them to make informed decisions regarding their situation. Where appropriate, migrants may opt for voluntary return, in which case they are referred to the International Organization for Migration (IOM) or other relevant stakeholders for assistance with return arrangements. Migrants who wish to remain in the country, particularly ECOWAS nationals, may be advised to regularize their immigration status in accordance with national immigration procedures.

124.The Government has also taken steps to strengthen operational frameworks that promote alternatives to detention and coordinated responses to migration-related cases. Through the Community of Practice (CoP) Gambia Project, an initiative supported by the European Union and implemented by the Gambia Immigration Department in partnership with the Spanish National Police, the Government developed and launched the country’s first Standard Operating Procedures (SOP) for handling cases of smuggling of migrants. These procedures provide a structured framework guiding authorities through key stages of case management, including information gathering, interception, reception, investigation, prosecution, protection, and return or reintegration. The SOP incorporates measures aimed at ensuring protection and assistance for vulnerable migrants.

125.In addition, the Government has undertaken diplomatic and operational initiatives aimed at reducing the detention of Gambian migrants abroad. For example, in January 2021, the Ministry of Foreign Affairs led a technical mission to Niger to explore cooperation with Nigerien authorities in identifying presumed Gambian nationals, facilitating documentation and discouraging their prolonged detention. A similar mission was conducted in April 2018 to Libya to assess the conditions of Gambian migrants in detention centres and to explore options for strengthening consular assistance and alternatives to detention.

126.Capacity-building initiatives have also been undertaken to strengthen national understanding of alternatives to immigration detention. In April 2022, the International Organization for Migration, in collaboration with the Ministry of Interior, organized a training session on Alternatives to Immigration Detention (AIDs). The training brought together stakeholders from the Return and Reintegration and Border Management Thematic Working Groups under the National Coordination Mechanism on Migration and aimed to enhance the capacity of relevant institutions to apply international standards and good practices relating to alternatives to detention.

Reply to paragraph 20

Measures to prevent immigration-related detention of children and families and ensure rights-based alternatives

127.As indicated in the section above concerning the protection of migrant children, The Gambia has undertaken several measures aimed at protecting children who come into contact with immigration authorities. These measures include the establishment of Child Protection Units within security agencies, including the Gambia Immigration Department, and the adoption of child-sensitive procedures following arrest or interception. In addition, the national child protection system includes strengthened social welfare case management mechanisms, functioning Children’s Courts, and policy frameworks that prioritise family‑based care and protection of vulnerable children.

128.The Government has also implemented broader child protection measures that contribute to reducing vulnerabilities among migrant children. These include efforts to improve birth registration systems and initiatives aimed at preventing statelessness, which can affect children in cross-border situations. National child protection policies and minimum standards further emphasise the importance of family-based and community-based care arrangements as alternatives to institutionalisation.

129.At the same time, immigration legislation does not yet expressly prohibit the immigration-related detention of children. Existing legal provisions governing immigration control allow for the detention of individuals who enter or remain in the country irregularly. However, in practice, authorities increasingly rely on child protection and social welfare mechanisms when children are encountered during migration-related procedures.

130.Alternative approaches under discussion and gradually being strengthened include community-based case management, release to family members or guardians, and best‑interest assessments conducted in coordination with social welfare services. These approaches aim to ensure that children encountered in migration-related situations are treated primarily within the child protection framework, rather than through immigration enforcement mechanisms.

Reply to paragraph 21

Disaggregated data on migrant worker detention, including grounds, duration, conditions, detention facilities and protection measures

131.Between 1 January 2022 and 31 December 2024, the Gambia Prison Service (GPS) recorded foreign nationals in detention under its jurisdiction as indicated in the table below. These individuals originated from various regions, including Africa, Asia and Europe. Additional statistical details are provided in the annex to this report.

Table 1

Foreign nationals detained in GPS facilities (2022–2024)

Category	Number of detainees
Convicted foreign nationals	82
Remanded foreign nationals	363
Juvenile foreign national convicts	1
Juvenile foreign nationals on remand	6

132.It should be noted that current prison statistics are recorded primarily according to nationality and custodial status and are not yet systematically disaggregated according to whether detention resulted specifically from breaches neither of immigration law, nor by migration status, occupation or sector of employment. As a result, comprehensive data concerning migrant workers detained exclusively for immigration-related offences are not yet available in a centralised form.

133.With regard to detention conditions and protection measures:

(a)Migrants held for immigration screening at the Tanji Migration Transit Centre are accommodated separately from ordinary criminal detainees;

(b)In custodial settings, women are separated from men in accordance with prison regulations;

(c)Arrangements are in place to ensure appropriate supervision of female detainees, including the assignment of female custodial officers where required; and

(d)Where indicators of trafficking in persons are identified, cases may be referred to NAATIP for identification, protection and appropriate follow-up assistance.

134.The Government recognises the importance of strengthening national data systems so that detention statistics are more systematically disaggregated by grounds for detention, duration, nationality, sex, age and migration status. Efforts are ongoing to improve coordination between the Gambia Immigration Department, the Gambia Prison Service and other relevant institutions in order to enhance data collection and reporting in this area.

135.Should the Committee require further clarification or additional statistical information, the State party remains ready to provide supplementary data to the Committee as it becomes available.

Reply to paragraph 22

Safeguards to ensure due process, legal remedies and protection of family life in immigration and expulsion proceedings involving migrant workers and their families

(a)Procedural safeguards in immigration proceedings

136.Immigration-related proceedings in The Gambia are conducted in accordance with national legislation and constitutional safeguards protecting the rights of all persons within the jurisdiction of the State. The Immigration Act regulates the entry, residence and removal of foreign nationals, while procedural guarantees relating to liberty and fair hearing are protected under the Constitution of the Republic of The Gambia (1997). In addition, the Criminal Procedure Act, 2025 strengthens safeguards applicable to persons involved in criminal or immigration-related proceedings. The Act requires that individuals who are arrested or detained be informed of the reasons for their arrest and of their rights, and provides for procedural guarantees aimed at ensuring fairness during investigations and legal proceedings.

137.Where immigration authorities determine that a migrant may be subject to removal or expulsion, the Gambia Immigration Department undertakes administrative procedures to assess the circumstances of the individual case. These procedures ensure that decisions relating to removal are taken on an individual basis and in accordance with applicable legal standards.

(b)Access to legal assistance and interpretation

138.Individuals involved in immigration-related proceedings may seek legal assistance through available legal representation mechanisms. The National Agency for Legal Aid (NALA) provides legal advice and representation to eligible persons who are unable to afford legal services in certain criminal and civil matters.

139.Where necessary, authorities may facilitate interpretation assistance in proceedings involving foreign nationals to ensure that individuals understand the nature of the proceedings, the decisions affecting them and the remedies available.

(c)Right to challenge expulsion decisions

140.Decisions relating to removal or expulsion are subject to administrative and judicial safeguards under national law. Individuals affected by such decisions may seek review before the competent courts, in accordance with the constitutional guarantee of the right to a fair hearing under section 24 of the Constitution. These mechanisms ensure that decisions affecting a person’s immigration status are subject to oversight and may be challenged through appropriate legal procedures.

(d)Protection of family unity

141.In implementing immigration enforcement measures, authorities take into account humanitarian considerations, including the presence of family members and the protection of family unity. Where removal procedures involve families or children, relevant institutions, including the Ministry of Gender, Children and Social Welfare, may be consulted to ensure that appropriate protective measures are considered. Where children are involved, decisions affecting their situation are guided by the best interests of the child principle, as reflected in national child protection legislation.

(e)Data on expulsion procedures

142.Comprehensive statistics specifically disaggregated by migration status relating to expulsion or removal proceedings are not yet systematically maintained in a centralised database. However, the Government recognizes the importance of strengthening migration data systems and continues to improve coordination between relevant institutions to enhance the collection and reporting of information relating to immigration enforcement procedures.

(f)Ongoing improvements

143.The Government continues to strengthen migration governance and procedural safeguards through institutional coordination, legal reform and capacity-building initiatives. These efforts aim to ensure that immigration-related procedures are carried out in accordance with national law, due process guarantees and international human rights obligations, including respect for family unity and access to remedies.

Reply to paragraph 23

Measures to strengthen consular services for the protection and assistance of Gambian migrant workers and members of their families abroad, including those in irregular situations, in detention or subject to expulsion

(a)Consular protection framework

144.In accordance with Article 23 of the Convention, the Government of The Gambia provides consular protection and assistance to Gambian nationals abroad through the Ministry of Foreign Affairs, International Cooperation and Gambians Abroad (MoFA). The Ministry is responsible for ensuring that the welfare of Gambian nationals abroad, including migrant workers and members of their families, is protected throughout the migration cycle regardless of migration status.

(b)Consular assistance

145.Consular assistance may be provided in situations involving:

(a)Detention or imprisonment;

(b)Labour disputes or workplace abuse;

(c)Loss of identity or travel documents;

(d)Deportation or repatriation procedures;

(e)Emergency situations affecting Gambian nationals abroad.

146.These services are intended to ensure that Gambian migrant workers, including those in irregular or vulnerable situations, are able to access protection and support through diplomatic and consular channels.

(c)Measures to strengthen consular response

147.To improve the responsiveness of consular services, the Government has designated diaspora and migration focal persons within some Gambian diplomatic missions abroad. These focal persons act as liaison officers responsible for addressing diaspora and migration‑related matters and assisting Gambian nationals within their respective jurisdictions.

148.The Ministry of Foreign Affairs also works in coordination with other national institutions, including the Gambia Immigration Department and relevant social protection agencies, to facilitate assistance in cases involving documentation, return, protection needs or reintegration.

149.In addition, the Government has undertaken consular outreach and fact-finding missions to countries that host significant numbers of Gambian migrants, particularly along irregular migration routes. Since 2018, missions have been conducted to countries including Libya, Niger, Tunisia and Mauritania in order to assess the conditions of Gambian migrants, provide immediate assistance where possible and strengthen cooperation with host-country authorities.

(d)Assistance to migrants in detention or facing expulsion

150.Where Gambian nationals are detained abroad or subject to deportation or expulsion proceedings, diplomatic and consular missions may provide assistance by:

(a)Facilitating communication with detained migrants;

(b)Liaising with host-country authorities;

(c)Assisting with documentation and nationality verification;

(d)Providing information on available legal procedures and remedies;

(e)Coordinating with family members and relevant support structures.

151.In addition, the Government has taken steps to improve communication with Gambian migrant communities in countries where Gambian nationals face particular vulnerabilities. For example, in 2023 a Liaison Officer drawn from the Gambian community in Libya was appointed to facilitate communication between Gambian migrants and national authorities and to support welfare-related matters.

(e)Accessibility of consular services

152.Efforts have also been made to improve accessibility of consular services for Gambian nationals abroad. These measures include:

(a)The designation of diaspora and migration focal points within diplomatic missions;

(b)Engagement with Gambian community associations abroad;

(c)Outreach visits and consular missions to countries hosting Gambian migrants;

(d)Communication and coordination with migrant community organizations.

153.These initiatives aim to ensure that Gambian migrant workers, including those in vulnerable situations, are aware of available consular assistance and can access support when needed.

(f)Human and institutional capacity

154.The Government acknowledges that consular capacity may be affected by financial, logistical and staffing constraints, particularly in countries where The Gambia does not maintain a resident diplomatic mission. Efforts are therefore ongoing to strengthen the institutional capacity of the Ministry of Foreign Affairs and to improve coordination among relevant institutions responsible for migration governance.

(g)Cooperation with host countries and international partners

155.The Government continues to work closely with host countries, international organizations and development partners, including the International Organization for Migration (IOM), to strengthen protection mechanisms for Gambian migrants abroad, facilitate documentation and return procedures where necessary, and improve access to assistance for migrants in vulnerable situations.

Reply to paragraph 24

Protection of migrant workers’ identity documents and safeguards against confiscation or destruction

156.The Government of The Gambia recognises the importance of ensuring that migrant workers and members of their families retain control over their identity and migration-related documents, including passports, travel documents and residence permits. Safeguards against the unlawful confiscation, destruction or retention of such documents are addressed through the national legal and administrative framework regulating migration and employment.

157.Foreign nationals residing or working in The Gambia are required to obtain residence authorisation issued by the Gambia Immigration Department, commonly referred to as an “Alien Card.” This document serves as proof of lawful residence and identification for non‑nationals living in the country. The permit is subject to periodic renewal, typically on an annual basis, and the applicable administrative fees vary depending on the nationality of the applicant and the category of residence. Migrant workers remain responsible for maintaining possession of their passports and personal identification documents.

158.Identity documents may be requested temporarily by competent authorities, including immigration or law-enforcement officials, for purposes of verification during lawful administrative or immigration procedures. Such documents are returned to the holder once verification procedures are completed.

159.In the employment context, safeguards against exploitative practices are reinforced through labour administration mechanisms. The Department of Labour conducts workplace inspections and mediates labour disputes in order to ensure compliance with national labour standards. Where complaints arise concerning abusive practices, including attempts by employers or intermediaries to retain workers’ personal documents, such matters may be addressed through labour dispute resolution mechanisms or referred to the relevant authorities.

160.Administrative procedures implemented by immigration and labour authorities also aim to facilitate the regularisation of migrant workers’ status, enabling foreign nationals to maintain valid residence documentation and access appropriate channels for addressing grievances.

Reply to paragraph 25

Access to emergency health care for migrant workers and members of their families

161.The Government is committed to ensuring access to health care services for all individuals within its territory, including migrant workers and members of their families, regardless of their migration status. Health services are provided through the national public health system under the authority of the Ministry of Health (MOH).

162.The Gambian health system is structured around a primary health care approach, with services delivered through a nationwide network of public hospitals, major health centres, minor health centres and community-based health facilities. These facilities provide essential and emergency health services to individuals requiring medical attention, including migrant workers and members of their families.

163.Children under the age of five (5) receive free immunization services, while antenatal and postnatal care is available to all women through maternal health programmes implemented across public health facilities. Community health programmes, including outreach services provided through village health workers and community health nurses, also contribute to expanding access to basic health services in both urban and rural areas.

164.The commitment to equitable access to health services is grounded in the Public Health Act and the National Health Policy (2021-2030). In addition, efforts to strengthen the national health framework include the development of the draft Public Health Bill (2025), the Gambia Mental Health Bill (2025) and the draft National Mental Health Policy (2025).

165.Under these frameworks, emergency medical services are provided without discrimination, and health facilities are mandated to prioritize life-saving interventions irrespective of nationality or migration status, including for individuals in irregular migration situations.

166.Mental health and psychosocial support services are also available through the National Mental Health Programme, coordinated by the Ministry of Health in collaboration with the Ministry of Gender, Children and Social Welfare, particularly for vulnerable individuals such as victims of violence and exploitation.

167.In addition, One-Stop Centres located in major hospitals provide integrated services for survivors of gender-based violence, including medical care, psychosocial counselling and referrals to relevant authorities. Complementary support is also provided through the Orange Shelter, which offers temporary accommodation and psychosocial assistance to survivors of gender-based violence, including migrant women.

168.Through these measures, The Gambia seeks to ensure that migrant workers and members of their families are able to access essential and emergency health services on a non-discriminatory basis, in line with national health policies and the principles reflected in Article 28 of the Convention.

Reply to paragraph 25 (c)

Access to education for children of migrant workers

169.The Government of The Gambia recognises the importance of ensuring that all children within its jurisdiction have access to education, including children of migrant workers and children in irregular migration situations. The right to education is guaranteed under national law and implemented through the country’s education policy framework.

170.The Constitution of the Republic of The Gambia guarantees the right to education and provides that the State shall endeavour to ensure that basic education is accessible to all children. This commitment is further reflected in national education policies aimed at expanding access to basic education and improving educational outcomes across the country.

171.The Government of The Gambia promotes universal access to education through its policy of free public Lower Basic Education, which enables children within the jurisdiction of the State, including children of migrant workers, to enrol in public primary schools in accordance with national education policies. Access to public basic education is not restricted on the basis of nationality, and migrant children are able to attend public primary and secondary schools alongside Gambian nationals.

172.The Children’s Act 2005 further reinforces the protection of children’s rights, including the right to education and the obligation of the State to ensure that children are not deprived of opportunities for schooling. These protections apply to all children within the jurisdiction of The Gambia, including migrant children and children in situations of vulnerability.

173.The Ministry of Basic and Secondary Education implements programmes aimed at expanding access to education and promoting inclusive schooling for all children. These initiatives include efforts to improve school infrastructure, increase enrolment in basic education and promote gender equality in education.

174.In practice, migrant children residing in The Gambia, particularly those from neighboring ECOWAS countries, attend public schools in several parts of the country, including urban areas such as Banjul, Kanifing Municipality and the West Coast Region.

175.The Government continues to work towards strengthening education access and improving data collection mechanisms in order to better capture information on the participation of migrant children in the education system.

Replies to paragraphs 26 and 27

1.Pre-departure information and regulation of recruitment practices

176.The Government of The Gambia has established measures to ensure that Gambian nationals intending to migrate for employment abroad receive adequate information and protection prior to departure. These measures aim to promote safe, orderly and regular migration, while reducing the vulnerability of migrant workers to exploitation, trafficking and abusive recruitment practices.

177.Pre-departure awareness programmes are implemented for Gambian nationals seeking employment abroad, including workers travelling to destinations such as the Kingdom of Saudi Arabia and the Kingdom of Spain. These programmes provide prospective migrant workers with information on the conditions of admission and employment in destination countries, including labour laws, contractual obligations and the rights and responsibilities of migrant workers. Participants are also informed about available consular assistance mechanisms, complaint procedures and support services accessible through Gambian diplomatic missions abroad.

178.In addition, the Government has developed a Pre-Departure Training Manual for Labour Migrants, which provides guidance to travel-ready migrants on the migration process, workers’ rights and available support mechanisms before departure. The Pre-Departure Training Manual for Labour Migrants used in The Gambia was developed in 2022, alongside other migration governance tools that were launched to operationalize the Labour Migration Strategy and Action Plan (2022-2026). These documents were prepared with technical support from the IOM. This initiative forms part of broader efforts to strengthen labour migration governance and protect migrant workers throughout the migration cycle. These initiatives are implemented within the framework of the National Migration Policy (2020–2030) for regulating labour migration and promoting decent work for migrant workers moving within, from and to The Gambia.

179.To prevent abusive recruitment practices, the Labour Act, 2023 establishes a regulatory framework for the licensing and supervision of private employment agencies. The Act requires recruitment agencies to obtain a license from the competent authority before engaging in recruitment activities. Licenses are issued for a period of one year and are subject to renewal.

180.The Department of Labour and the Department of Employment, under the Ministry responsible for labour and employment, oversee the licensing process and conduct monitoring and supervisory activities to ensure compliance with national standards governing labour recruitment.

181.In addition, the Government has developed ethical recruitment guidelines aimed at promoting fair recruitment practices and preventing the exploitation of migrant workers. Recruitment agencies are required to comply with these guidelines as part of the broader regulatory framework governing overseas employment.

182.The Labour Act further provides that the Minister may revoke the license of a recruitment agency that fails to comply with the requirements governing recruitment practices. In cases where violations occur, the authorities may also refer the matter to law enforcement agencies for investigation and prosecution in accordance with applicable laws.

183.The Government also promotes bilateral labour migration arrangements with destination countries as part of its strategy to expand safe and regular migration pathways and reduce irregular migration. Such agreements seek to regulate recruitment practices, strengthen worker protections and enhance cooperation between labour authorities of the countries involved.

184.Through these measures, The Gambia seeks to ensure that migrant workers are adequately informed prior to departure, protected from abusive recruitment practices and able to migrate through safe and regulated channels.

2.Measures relating to the political participation of Gambian migrant workers and their families abroad

185.The Government of The Gambia recognises the importance of ensuring that Gambian nationals residing abroad are able to participate in public affairs, including the exercise of their voting rights. The Constitution guarantees the right of citizens to vote in public elections under Section 39, subject to the conditions and procedures established by law.

186.In recent years, national discussions have taken place regarding the participation of Gambian citizens residing abroad in national elections. In 2021, the Supreme Court of The Gambia affirmed that Gambian citizens living outside the country retain the constitutional right to vote and that appropriate legislative and administrative measures are required to facilitate the exercise of this right.

187.Efforts were made to address this issue through the Elections Bill 2021, which included Clause 14, proposing that the Independent Electoral Commission (IEC) register Gambian citizens residing abroad as voters. However, in March 2025, the National Assembly voted to remove Clause 14 from the Bill. Members of the Assembly cited the absence of diaspora constituencies under the current constitutional framework as a legal constraint, noting that amendments to the Constitution may be required to fully operationalize external voting arrangements.

188.Therefore, Gambian nationals living abroad may currently exercise their voting rights only by returning to The Gambia during voter registration and election periods. Discussions on the establishment of a legal and administrative framework for diaspora voting continue within the legislative and policy process.

189.Despite these challenges, discussions on diaspora voting remain ongoing. Civil society organizations, including election monitoring groups and diaspora advocacy organizations, have continued to engage with lawmakers and relevant authorities to explore possible legal and institutional mechanisms that would enable Gambian citizens residing abroad to participate in elections.

Reply to paragraph 28

Measures to protect family unity and residence status of family members in situations of expulsion, death or marital dissolution

190.Expulsion measures in The Gambia are implemented in accordance with the Immigration Act and are generally carried out on a case-by-case basis by the Gambia Immigration Department. Deportation orders may be issued against individuals who violate immigration laws or fall within the category of prohibited immigrants as mentioned earlier.

191.As earlier discussed, the Immigration Act regulates the entry, residence and removal of foreign nationals within the territory of the State. Under this framework, migrants who are lawfully resident in The Gambia are issued residence permits commonly referred to as Alien Cards, which serve as proof of lawful residence and identification for non nationals living in the country. These permits are subject to periodic renewal and allow migrant workers and their family members to maintain lawful residence status.

192.Where immigration violations occur, the competent authorities assess the gravity of the offence and the individual circumstances of the migrant concerned before determining appropriate administrative or legal measures. In practice, humanitarian considerations may be taken into account, including the presence of family members residing in the country.

193.In addition to immigration residence provisions, the Constitution provides pathways through which certain family members of Gambian citizens may acquire citizenship. Under Section 11(1)(b) of the Constitution, a person who was married to a Gambian citizen and has been ordinarily resident in The Gambia for at least seven years following the end of the marriage, whether by annulment, divorce or death, may apply to be registered as a citizen of The Gambia. Furthermore, Section 11(2) provides that the annulment of a marriage does not affect the citizenship status of a person who has already been registered as a citizen under this provision.

194.These provisions provide a pathway for certain family members of Gambian nationals to regularize their legal status and contribute to the protection of family unity in cases involving the death of a spouse or dissolution of marriage.

195.While these constitutional and immigration provisions provide mechanisms through which certain family members may maintain lawful status in The Gambia, the Government acknowledges that specific legislative provisions addressing family reunification procedures for migrant workers and their dependents remain limited. The continued development of migration governance frameworks will seek to address these issues within broader policy reforms.

Reply to paragraph 29

Legal and policy measures affecting the economic rights and entitlements of migrant workers and their families

196.The Government of The Gambia has established a legal and policy framework aimed at protecting the economic rights of migrant workers and members of their families within the territory of the State.

197.The Labour Act, 2023 provides the primary legal framework governing employment relations in The Gambia. The Act establishes standards relating to employment contracts, remuneration, working hours, occupational safety and health, and dispute resolution mechanisms. Under the Act, the normal hours of work shall not exceed forty-eight (48) hours per week, unless otherwise provided for in the contract of employment or through collective agreements in line with Section 64. Employees are entitled to at least one full day of rest in every period of seven days, which is typically observed on Sunday unless otherwise agreed in line with Section 66.

198.Where employees work beyond the normal hours of work, they are entitled to overtime compensation, which must be paid at a rate higher than the normal hourly wage as prescribed by the Act in Section 65. The Act further provides safeguards relating to rest intervals during the working day and limits on excessive working hours, particularly in sectors requiring shift work. These protections apply to all workers lawfully employed within the jurisdiction of The Gambia, including migrant workers holding valid work authorization.

199.Labour inspectors are empowered to investigate complaints and ensure that employers comply with labour standards, including those relating to remuneration and working conditions.

200.Migrant workers engaged in formal employment are also required to obtain a Tax Identification Number (TIN) issued by the Gambia Revenue Authority. The TIN enables workers to participate in the national tax system and facilitates the administration of employment-related tax obligations under the Pay-As-You-Earn (PAYE) framework. This requirement contributes to the formalization of employment relationships and supports the protection of workers’ economic rights.

201.Foreign nationals residing in The Gambia may also participate in economic activities such as business ownership and property acquisition in accordance with national laws governing land and investment. Migrant workers and other non-nationals may acquire leasehold interests in land or property subject to applicable registration procedures administered by the relevant land authorities. These provisions enable migrant workers who have established lawful residence to participate in economic investment and housing arrangements.

202.In addition, national migration governance frameworks support the economic protection of migrant workers throughout the migration cycle. The National Migration Policy and the Labour Migration Strategy and Action Plan aim to strengthen labour migration governance, promote ethical recruitment practices, and enhance protection mechanisms for Gambian migrant workers abroad.

203.The Government acknowledges that continued efforts are required to strengthen mechanisms relating to labour migration governance, including improving oversight of recruitment practices and exploring frameworks that facilitate the portability of social protection benefits for migrant workers employed abroad.

Reply to paragraph 30

Measures to prevent irregular status upon termination of employment and ensure access to alternative opportunities

204.The Government of The Gambia recognises the importance of ensuring that migrant workers who are lawfully employed in the country are able to maintain a regular migration status throughout their stay, including in situations where employment relationships come to an end.

205.As earlier discussed, foreign nationals working in The Gambia are issued residence authorisation which serves as proof of lawful residence for non-nationals living and working in the country. These permits are issued in accordance with the national immigration framework and are subject to periodic renewal.

206.Where the employment of a migrant worker is terminated before the expiration of the residence authorisation, the competent immigration authorities may assess the individual circumstances of the migrant concerned. Migrant workers may be allowed to regularise their status through administrative procedures, including the renewal of residence authorisation or the acquisition of alternative employment in accordance with national immigration and labour regulations.

207.The Government has also undertaken legislative reforms aimed at strengthening migration governance. In this regard, the Immigration Bill 2024 seeks to modernise the national immigration framework and includes provisions intended to ensure that migrant workers do not automatically fall into irregular status when employment relationships are terminated before the expiry of their work authorisation.

Reply to paragraph 31

Equal treatment and monitoring of conditions for frontier, seasonal and itinerant workers

208.In The Gambia, labour legislation applies generally to all workers lawfully employed within the jurisdiction of the State, regardless of nationality or category of employment. As a result, migrant workers engaged in frontier, seasonal or itinerant forms of work are subject to the same legal standards governing employment relations.

209.These categories of workers are primarily found in sectors characterised by temporary or cross border economic activities, including agriculture, fisheries, small scale trade and tourism related services. Workers engaged in such activities benefit from the same contractual protections and labour administration mechanisms available under national labour legislation.

210.The Department of Labour is responsible for supervising employment conditions across sectors and addressing complaints relating to labour practices. Monitoring activities carried out by the Department contribute to ensuring that employers comply with applicable labour standards when engaging workers in seasonal or cross border forms of employment.

Reply to paragraph 32

Measures to promote sound, equitable and humane migration conditions through bilateral and multilateral cooperation and integration into national migration policies

211.The Government of The Gambia recognises the importance of international cooperation in promoting safe, orderly and regular migration and in ensuring humane conditions for migrant workers and members of their families. In recent years, The Gambia has strengthened bilateral cooperation with destination countries in order to regulate labour migration and improve protection mechanisms for Gambian migrant workers abroad. The Gambia concluded a bilateral labour agreement with the Kingdom of Saudi Arabia in 2021 concerning the recruitment and employment of Gambian domestic workers. The agreement establishes procedures for recruitment, employment conditions and mechanisms for addressing labour disputes involving Gambian workers in Saudi Arabia.

212.The Government has also engaged in circular migration cooperation with the Kingdom of Spain through mobility and labour migration arrangements that facilitate the seasonal employment of Gambian workers in Spain’s agricultural sector. These initiatives form part of broader labour mobility partnerships developed with European partners to promote regular migration pathways.

213.In addition, The Gambia signed a Memorandum of Understanding on labour cooperation with the State of Qatar in 2023, aimed at strengthening cooperation on labour migration management and improving employment opportunities for Gambian workers.

214.At the policy level, these initiatives are supported by the National Migration Policy (2020–2030) adopted in 2020, which identifies international cooperation as a key pillar of migration governance. The policy promotes the negotiation of bilateral labour migration agreements, ethical recruitment practices and stronger protection mechanisms for Gambian migrants throughout the migration cycle.

215.The Gambia also participates in regional migration governance frameworks through the ECOWAS Protocol on Free Movement of Persons, Residence and Establishment, which facilitates regional mobility and labour migration within West Africa.

Reply to paragraph 33

Measures to address irregular migration and promote safe, orderly and regular migration pathways

216.The Government of The Gambia has adopted a range of legislative and policy measures aimed at addressing irregular migration while promoting safe, orderly and regular migration pathways for Gambian nationals.

217.To address some of the socio-economic drivers of irregular migration, the Government has implemented initiatives that promote employment creation, entrepreneurship and skills development, particularly for young people. One such initiative is the Tekki Fii (“Make it in The Gambia”) programme, launched in 2017, which supports livelihood opportunities, entrepreneurship and community awareness on migration issues. The programme works with local communities and youth groups to encourage economic participation and reduce the incentives for irregular migration.

218.In addition, The Youth Empowerment Project, launched in 2017 with support from the European Union and implemented in partnership with national institutions, has provided training, employment opportunities and entrepreneurship support to thousands of young Gambians, reaching more than One Hundred Thousand beneficiaries and supporting youth‑led enterprises across several sectors of the economy. the Youth Empowerment Project (YEP) has supported job creation, vocational training and enterprise development across several sectors of the Gambian economy. Through these interventions, thousands of young Gambians have benefited from skills training, business development services and access to financial support aimed at promoting sustainable livelihoods.

219.Complementary employment initiatives are also implemented through national youth and employment programmes designed to expand decent work opportunities and strengthen labour market participation, particularly among young people who may be vulnerable to irregular migration.

220.At the same time, the Government has facilitated regulated labour migration opportunities through cooperation with destination countries. Structured recruitment programmes have enabled Gambian nationals to access employment opportunities abroad through legal migration channels, including labour mobility arrangements with countries such as the Kingdom of Spain and the Kingdom of Saudi Arabia.

221.The Government is also strengthening the legal and institutional framework governing migration management. In this regard, a Bill aimed at criminalizing the smuggling of migrants has been developed and is undergoing the legislative process, with the objective of strengthening the capacity of law enforcement authorities to address migrant smuggling networks. In addition, broader immigration reforms are being undertaken through proposed legislation intended to modernize the national immigration framework and enhance migration management systems.

222.In parallel, government institutions conduct nationwide sensitisation campaigns to raise awareness about the risks associated with irregular migration and to inform communities about available livelihood opportunities and legal migration pathways. These campaigns are implemented in collaboration with civil society organisations and international partners and target communities with high migration rates, particularly young people.

223.Despite these efforts, the Government acknowledges that irregular migration continues to present significant challenges. Socio-economic factors, including limited employment opportunities and the perception of better economic prospects abroad, continue to influence the migration decisions of some Gambian nationals, particularly young people. Irregular migration routes towards North Africa and Europe expose migrants to serious risks, including exploitation by smuggling networks, trafficking in persons, violence and dangerous sea crossings that have, in some instances, resulted in the loss of life. The Government remains deeply concerned about the humanitarian consequences associated with these migration routes and continues to strengthen preventive measures, public awareness campaigns and cooperation with regional and international partners aimed at addressing the root causes of irregular migration and promoting safer migration pathways.

Reply to paragraph 34

Legal and institutional framework governing private recruitment agencies for the employment of migrant workers abroad

224.The Government of The Gambia has established administrative and regulatory measures to oversee the activities of private recruitment agencies involved in facilitating employment opportunities for Gambian workers abroad.

225.Oversight of recruitment agencies is carried out by the Department of Labour and the Department of Employment within the Ministry of Trade, Industry, Regional Integration and Employment. These institutions supervise the operations of recruitment agencies and monitor their compliance with national standards governing overseas employment.

226.In order to promote responsible recruitment practices, the Government has developed the Policy Guideline for Ethical Recruitment (2022-2026) and the Standard Operating Procedures for the Code of Conduct of Private Employment and Recruitment Agencies. These instruments establish operational standards aimed at ensuring transparency, accountability and the protection of migrant workers during the recruitment process.

227.For example, the Policy Guideline for Ethical Recruitment requires recruitment agencies to provide accurate and complete information regarding employment conditions prior to departure, including wages, working hours and contractual obligations. The guideline also prohibits recruitment agencies from confiscating the passports or identity documents of migrant workers and requires agencies to maintain proper documentation of recruitment processes.

228.Similarly, the Standard Operating Procedures for the Code of Conduct of Private Employment and Recruitment Agencies require recruitment agencies to verify employment contracts and ensure that migrant workers are adequately informed of the terms and conditions of employment before departure. The SOP also establishes procedures for coordination with relevant government authorities and requires recruitment agencies to comply with monitoring and reporting obligations established by the competent authorities.

Reply to paragraph 35

Measures to prevent and combat trafficking in persons and the smuggling of migrants

229.The Government of The Gambia recognises the growing risks associated with migrant smuggling, particularly along the Atlantic migration route linking West Africa to Europe. While national legislation currently criminalises trafficking in persons, the country does not yet have a specific law criminalising the smuggling of migrants as a distinct offence.

230.In recognition of this legal gap, the Government has initiated legislative reforms to strengthen the national framework addressing migrant smuggling. A Smuggling of Migrants Bill has been drafted and is undergoing review as part of broader efforts to modernise migration legislation and enhance the capacity of law enforcement authorities to investigate and prosecute organised smuggling networks.

231.Pending the enactment of this legislation, national authorities continue to address irregular migration and smuggling-related activities through existing legal frameworks, including immigration offences and trafficking-related provisions where applicable. The Gambia Immigration Department, in collaboration with other security agencies, conducts interception operations and investigations targeting smuggling networks operating within the country and along coastal routes.

232.These enforcement efforts have resulted in a number of interceptions and arrests in recent years, reflecting increased operational activity aimed at disrupting smuggling networks and protecting individuals from the dangers associated with irregular migration.

233.In addition to enforcement measures, the Government continues to work with international partners and regional stakeholders to strengthen migration governance, promote safe and regular migration pathways, and prevent exploitation associated with migrant smuggling.

Reply to paragraph 36

Legal and labour law protection and enforcement mechanisms for migrants, including women, in line with the ECOWAS common approach on migration

234.The Government of The Gambia ensures that migrant workers lawfully within its jurisdiction benefit from labour protections under the national legal framework. Section 177 of the Labour Act, 2023 requires the Minister, labour officers and the tribunal to promote equality of opportunity in employment and to guarantee equal opportunity and treatment for a migrant employee or a member of the family of a migrant employee lawfully within The Gambia. The same section prohibits direct or indirect discrimination in recruitment, training, promotion, terms and conditions of employment, termination of employment and related matters, and requires equal remuneration for work of equal value.

235.These protections are enforced through the Department of Labour, labour officers and the Industrial Tribunal under the Labour Act framework. In practice, this means that migrants, including women, may use the same labour administration and dispute-resolution mechanisms available to nationals in respect of wages, conditions of work and discrimination claims.

236.At the regional level, The Gambia applies the ECOWAS Protocol on Free Movement of Persons, Residence and Establishment together with the ECOWAS Common Approach on Migration, adopted in 2008, which promotes free movement within the ECOWAS zone, management of regular migration, control of irregular migration and trafficking, and protection of the rights of migrants, asylum seekers and refugees. The ECOWAS framework also recognizes equality in employment and equal treatment under labour and social legislation for Community citizens.

237.The ECOWAS Court has also provided avenues for justice in cases involving migrant victims. In relation to the July 2005 killing of West African migrants in The Gambia, the ECOWAS Court of Justice ruled in 2020 that the State was responsible for violations of the victims’ rights and ordered compensation to the families. The findings of the Court were subsequently considered in the work of the Truth, Reconciliation and Reparations Commission, and the Government recognised the victims within the national reparations programme.

Replies to paragraphs 37 and 38

Bilateral and regional cooperation on safe migration, return, reintegration and migration data

238.The Government of The Gambia has continued over the past five years to strengthen bilateral and multilateral cooperation with countries of destination, transit and regional partners in order to promote safe and regular migration, improve return and reintegration processes, and enhance migration governance.

239.With respect to destination countries, the Government has pursued labour-mobility cooperation with Spain and the Kingdom of Saudi Arabia, while broader cooperation with European partners has also addressed return, readmission and migrant protection. In particular, the non-binding “Good Practices on identification and return” arrangement between the EU and The Gambia entered into operation on 16 November 2018. It was complemented by Operational Conclusions agreed in May 2019 on the modalities for return operations. Following a period of moratoria, the arrangement resumed implementation in March 2022; the first Joint Working Group under the arrangement met on 12 October 2022, and the second met on 20 March 2023.

240.The Government also cooperates operationally with Spain on migration management. During the Spanish Prime Minister’s visit to The Gambia in August 2024, the two countries adopted a Joint Declaration to reinforce bilateral cooperation on migration.

Reply to paragraph 39

Measures to prevent and combat trafficking in persons and smuggling of migrants

241.The Government of The Gambia has adopted a range of legal, institutional and policy measures aimed at preventing and combating trafficking in persons and the smuggling of migrants, with particular attention to women and children who may be exposed to heightened risks of exploitation.

(a)Legal and policy framework

242.The principal legal instrument addressing trafficking in persons is the Trafficking in Persons Act, 2007 which criminalizes all forms of trafficking in persons, including trafficking for purposes of sexual exploitation and forced labour. The Act prescribes severe criminal penalties ranging from imprisonment of up to 50 years to life imprisonment, together with fines between D50,000 and D500,000, depending on the circumstances of the offence. These penalties are considered sufficiently stringent and comparable to those imposed for other serious offences under national criminal law.

243.The courts of The Gambia have applied these provisions in trafficking prosecutions. For example, on 27 February 2023, the High Court in Kanifing convicted Jerome (Jarome) Jatta for human trafficking and sentenced him to 15 years’ imprisonment and a fine of D100,000, with an additional forty months’ imprisonment in default of payment of the fine.

244.More recently, the Gambian courts have continued to prosecute trafficking offences, including sex trafficking cases in which convicted traffickers received prison sentences of approximately fifteen years.

245.In addition to imprisonment and fines, the Trafficking in Persons Act also allows courts to order compensation or reparations to victims of trafficking, as part of measures aimed at supporting their recovery and reintegration.

246.Implementation of this legal framework is coordinated by the National Agency Against Trafficking in Persons (NAATIP), which is responsible for coordinating national anti-trafficking activities, supporting victims, and promoting public awareness.

247.NAATIP is currently implementing the National Plan of Action on Trafficking in Persons (2021-2025), which includes prevention campaigns, community outreach programmes, capacity-building initiatives and institutional coordination mechanisms aimed at combating trafficking in persons.

(b)Prevention and public awareness

248.The Government has implemented extensive awareness-raising activities to prevent trafficking and irregular migration. NAATIP conducts sensitization campaigns across communities, schools, tertiary institutions and public spaces. These initiatives include:

(a)Weekly radio programmes;

(b)Community awareness sessions;

(c)Printed communication materials including leaflets, brochures and stickers;

(d)Billboards and public information displays;

(e)Awareness campaigns at Banjul International Airport and tourism development areas.

249.These activities aim to inform the public about the risks associated with trafficking and irregular migration and to counter misinformation relating to migration.

(c)Investigation, prosecution and victim support

250.NAATIP works in close cooperation with the Gambia Police Force, the Gambia Immigration Department, and the Ministry of Justice in investigating trafficking cases and prosecuting offenders.

251.Where investigations establish elements of trafficking, cases are referred to the Ministry of Justice for prosecution. To the time of submission of this report three trafficking convictions have been secured under the Trafficking in Persons Act, with perpetrators receiving sentences of fifteen years’ imprisonment and fines. In addition, two victims have received reparations through judicial proceedings.

252.Victims of trafficking are assisted through a National Referral Mechanism (NRM) coordinated by NAATIP in collaboration with government institutions and civil society organisations. The NRM provides coordinated access to shelter, medical services, psychosocial support, legal assistance and reintegration services.

253.The Bakoteh shelter, managed by the Department of Social Welfare, provides accommodation and care for victims of trafficking and vulnerable migrants.

(d)Capacity-building and training

254.The Government has undertaken capacity-building programmes for a wide range of stakeholders, including:

(a)Law enforcement officers;

(b)Immigration officials;

(c)Prosecutors and judges;

(d)Labour inspectors;

(e)Civil Society Organisations;

(f)Media professionals.

255.Training programmes have been conducted by NAATIP and the Gambia Immigration Department, including activities under the Community of Practice (CoP) Gambia Project, which has supported training for border officials and relevant institutions such as the Ministry of Health.

(e)Resources allocated to anti-trafficking efforts

256.In 2024, NAATIP allocated D3, 132,053 (three million, one hundred and thirty two and fifty three Dalasis) for the implementation of anti-trafficking activities under the National Plan of Action. This allocation excludes additional resources dedicated by other institutions, including the Department of Social Welfare, for victim protection services.

(f)Data collection and monitoring

257.NAATIP maintains a national trafficking database, developed with support from the International Organization for Migration (IOM), which collects disaggregated data on trafficking cases, including information on sex, age, nationality, country of origin and type of exploitation. Detailed statistical data will be provided in the additional annex to be submitted to the Committee.

(g)Measures addressing migrant smuggling

258.While The Gambia currently lacks a dedicated legal instrument criminalising migrant smuggling, the Government has taken steps to address this gap. A Smuggling of Migrants Bill is under development as part of broader migration law reforms aimed at strengthening the legal framework for addressing organised smuggling networks. Pending the adoption of this legislation, the Gambia Immigration Department continues to investigate suspected smuggling activities, particularly along coastal areas, and may prosecute offenders under existing immigration offences such as unlawful entry without valid documentation.

(h)International and regional cooperation

259.The Government has strengthened international cooperation to combat trafficking in persons. NAATIP has signed a Memorandum of Understanding with Nigeria’s National Agency for the Prohibition of Trafficking in Persons in 2022, establishing a joint technical working group to enhance cooperation on trafficking prevention, victim protection and investigations. Discussions are also underway to establish a similar cooperation arrangement with Sierra- Leone. Through these combined legal, institutional and cooperative measures, The Gambia continues to strengthen its capacity to prevent trafficking in persons, dismantle smuggling networks and provide protection and assistance to victims.

Reply to paragraph 40

Measures to facilitate the regularisation of migrant workers in irregular situations and enhance protection of nationals abroad

260.The Government of The Gambia recognises the importance of providing opportunities for migrant workers and members of their families in irregular situations to regularise their status in accordance with national immigration laws and regional migration frameworks.

261.As earlier discussed, foreign nationals residing in The Gambia are required to obtain residence authorisation issued by the Gambia Immigration Department, which serves as proof of lawful residence for non-nationals living and working in the country. Migrants who meet the eligibility requirements may apply for residence authorisation through established administrative procedures, thereby regularising their immigration status.

262.Nationals of Member States of the Economic Community of West African States (ECOWAS) benefit from the regional mobility framework established under the ECOWAS Protocol on Free Movement of Persons, Residence and Establishment (1979). Under this framework, citizens of ECOWAS Member States may enter The Gambia without a visa and may subsequently apply for residence and work authorization in accordance with national administrative procedures. This regional system provides an important mechanism through which migrants within the ECOWAS region may regularize their status.

263.The Government has also taken steps to strengthen the protection and assistance provided to Gambian nationals abroad. Diplomatic missions and consular offices provide assistance to Gambian nationals facing difficulties in destination countries, including those in irregular situations. Consular services may include the issuance of travel documents, liaison with host country authorities, and facilitation of voluntary return procedures where necessary.

264.In addition, the Government cooperates with international partners to support the voluntary return and sustainable reintegration of Gambian migrants. Reintegration programmes implemented in collaboration with the International Organization for Migration (IOM) and development partners provide returning migrants with psychosocial support, vocational training and livelihood assistance aimed at facilitating their reintegration into economic and social life in The Gambia.

265.These measures are complemented by national migration governance frameworks, including the National Migration Policy (2020-2030) and the Labour Migration Strategy and Action Plan (2022–2026), which aim to promote safe and regular migration pathways and strengthen protection mechanisms for Gambian nationals abroad.

266.The Government of The Gambia continues to monitor emerging trends in migration and to undertake reforms aimed at strengthening migration governance and the protection of migrant workers and members of their families. Recent efforts have focused on improving migration data systems, strengthening labour migration governance, and what expanding regular migration pathways through bilateral cooperation, and enhancing return and reintegration support for returning migrants. The Government has also initiated reforms aimed at modernizing the legal and institutional framework governing migration, including ongoing efforts to review and update immigration legislation and to strengthen coordination among relevant institutions. These efforts reflect the Government’s commitment to ensuring that migration governance frameworks remain responsive to evolving migration dynamics while upholding international human rights standards.

Reply to paragraph 41

Legal, institutional and policy framework for the protection of migrant workers and members of their families

(a)Bills or laws and regulations

267.The legal protection of migrant workers and members of their families in The Gambia is grounded in the 1997 Constitution, which guarantees fundamental rights and freedoms to all persons within the territory of the State, including protection against discrimination, forced labour and inhuman treatment.

268.Key legislation relevant to migrant protection includes:

(a)Labour Act, 2023 – establishes labour standards, equality in employment, labour inspections and dispute resolution mechanisms applicable to all workers, including migrant workers lawfully within the country;

(b)Immigration Act (Cap. 16:02 Laws of The Gambia, 2009) regulates entry, residence and removal of foreign nationals;

(c)Trafficking in Persons Act (Cap. 13:04 Laws of The Gambia) criminalizes trafficking in persons and provides mechanisms for victim protection and rehabilitation;

(d)Children’s Act (Cap. 45:01 Laws of The Gambia) provides protection for children, including migrant and trafficked children.

269.Additional legislative reforms currently under development include an Immigration Bill and a Smuggling of Migrants Bill, aimed at strengthening the legal framework governing migration management and combating migrant smuggling.

(b)Institutions and institutional mandates

270.Migration governance in The Gambia is implemented through a range of government institutions.

271.Key institutions include:

(a)Ministry of Foreign Affairs, International Cooperation and Gambians Abroad – responsible for diaspora engagement, consular services and protection of Gambian nationals abroad;

(b)Ministry of Interior – oversees migration management and border governance;

(c)Gambia Immigration Department (GID) responsible for immigration control, border management and issuance of residence permits;

(d)Ministry of Trade, Industry, Regional Integration and Employment (MoTIE) responsible for labour migration governance, employment policy and regulation of recruitment practices;

(e)Department of Labour responsible for labour inspections and enforcement of labour standards;

(f)National Agency Against Trafficking in Persons (NAATIP) coordinates national efforts to prevent trafficking in persons and support victims;

(g)National Human Rights Commission (NHRC) monitors and investigates human rights violations, including those affecting migrant workers;

(h)National Agency for Legal Aid (NALA) provides legal assistance to vulnerable persons, including migrants.

272.Coordination of migration governance is supported through the National Coordination Mechanism on Migration (NCM).

(c)Policies, programmes and action plans

273.Migration governance is guided by several national policy frameworks, including:

(a)National Migration Policy (2020–2030) provides the overarching framework for migration governance;

(b)Labour Migration Strategy and Action Plan (2022–2026) promotes safe and regulated labour migration;

(c)National Plan of Action on Trafficking in Persons (2021–2025) addresses prevention, protection and prosecution related to trafficking in persons;

(d)National Employment Policy and Action Plan (2022–2026) promotes employment creation and economic opportunities.

274.Several programmes supporting migrants and returnees are implemented in collaboration with international partners, including the EU-IOM Joint Initiative for Migrant Protection and Reintegration, which provides reintegration support to returning migrants.

(d)Recent ratifications

275.Since ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families on 28 September 2018, The Gambia has also ratified several related international human rights instruments including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty, and the International Convention for the Protection of All Persons from Enforced Disappearance, all ratified on 28 September 2018. In addition, The Gambia ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict on 27 September 2019. At the regional level, The Gambia signed the African Union Protocol on Free Movement of Persons, Right of Residence and Right of Establishment on 21 March 2018.

276.The Gambia continues to participate actively in international and regional human rights frameworks relevant to migrant protection. The State is party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as regional frameworks including the ECOWAS Protocol on Free Movement of Persons, Residence and Establishment.

Reply to paragraph 42

Disaggregated statistical and qualitative information on migration trends (2019–2024)

(a)Migratory movements

277.The Gambia continues to serve as a country of origin, transit and destination for migrants within the West African region. Migration movements are largely influenced by regional mobility under the ECOWAS free movement regime.

(b)Migrant workers in detention

278.Data provided by the Gambia Prison Service indicate that 82 convicted migrants and 363 remanded migrants were recorded between 1 January 2022 and 31 December 2024. These individuals originated from various regions including Africa, Asia and Europe. Detailed disaggregated data by nationality, age and sex are provided in the annex.

279.Information on Gambian nationals detained abroad remains limited because many migrants travel irregularly and arrests are not always communicated to Gambian diplomatic missions. The Government continues to work with host countries and international organizations to improve information sharing and consular notification mechanisms.

(c)Migrant workers expelled

280.Comprehensive statistics on expulsions of migrant workers are not centrally maintained. Expulsion decisions are carried out in accordance with the Immigration Act and applicable due process safeguards. Efforts are ongoing to strengthen migration data management systems.

(d)Unaccompanied migrant children

281.Data on unaccompanied migrant children encountered in migration procedures are collected through the Department of Social Welfare and child protection mechanisms. Children identified in vulnerable migration situations are referred to social welfare authorities for protection and assistance.

(e)Remittances

282.Remittances constitute one of the largest sources of foreign exchange for The Gambia and represent a significant contribution to household income, poverty reduction and national economic stability. According to data from the Central Bank of The Gambia, remittance inflows reached USD 775.6 million in 2024 and increased further to approximately USD 872 million in 2025, representing over 30 per cent of national GDP.

Year	Remittance inflows (USD)
2020	589 million
2021	773 million
2022	775 million
2023	737 million
2024	775.6 million
2025	872 million

(f)Trafficking cases

283.Between 2020 and 2024, the National Agency Against Trafficking in Persons recorded 137 trafficking cases involving victims from:

(a)Benin;

(b)The Gambia;

(c)Guinea Conakry;

(d)India;

(e)Liberia;

(f)Federal Republic of Nigeria;

(g)Sierra Leone.

284.Detailed disaggregated statistics are provided in the annex.

Reply to paragraph 43

1.Additional developments and priority measures in the implementation of the Convention

285.Since ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in 2018, the Government of The Gambia has undertaken a range of reforms aimed at strengthening national human rights protections and improving governance frameworks relevant to migrants and other vulnerable groups. These developments include progress in transitional justice implementation, institutional strengthening, legislative reform, migration governance, and responses to emerging socio‑economic challenges.

(a)Transitional justice and accountability

286.A significant national development has been the ongoing implementation of the recommendations of the Truth, Reconciliation and Reparations Commission (TRRC), which concluded its public hearings in 2021. The Government issued a White Paper in May 2022 accepting almost all of the Commission’s recommendations and subsequently adopted an Implementation Plan 2023-2027 to guide the execution of these recommendations. To support accountability and justice processes, the Government enacted the Special Prosecutor’s Office Act 2024 and the Special Accountability Mechanism Act 2024. A special criminal division of the High Court has also been established to prosecute serious human rights violations identified by the Commission. In addition, the Victims Reparations Act, 2023 provides a legal framework for compensation and support to victims of past human rights violations and establishes the Victims Reparations Commission in 2025 to oversee the administration of reparations and related support programmes. These efforts are particularly relevant in addressing historical violations involving migrants, including the killing of West African migrants in 2005.

287.In a related development aimed at strengthening governance and accountability, the Anti-Corruption Commission Act, 2023 was enacted, establishing the Anti-Corruption Commission in 2025 as an independent institution mandated to prevent, investigate and combat corruption in the public and private sectors. The establishment of the Commission forms part of broader institutional reforms to strengthen transparency, accountability and the rule of law.

(b)Strengthening of Human Rights Institutions

288.Institutional oversight for the protection of human rights has also been strengthened. The National Human Rights Commission (NHRC), established in 2017 and operational since 2019, continues to play a key role in monitoring human rights compliance, investigating complaints, and promoting awareness of human rights standards. The Commission has obtained “A-status” accreditation from the Global Alliance of National Human Rights Institutions, confirming compliance with the Paris Principles. Since 2022, the NHRC has also been granted financial autonomy through the national Appropriation Act. In addition to its headquarters in the Kanifing Municipal Council, the Commission has expanded its operations through regional offices in the North Bank and Upper River Regions, thereby improving accessibility to human rights protection mechanisms across the country.

(c)Legislative reforms strengthening human rights protection

289.In recent years, several legislative reforms have strengthened the national legal framework for the protection of human rights. These include:

(a)The Access to Information Act 2021, which promotes transparency and public access to information;

(b)The Persons with Disabilities Act 2021, which strengthens protections for persons with disabilities;

(c)The Prevention and Prohibition of Torture Act 2023, which criminalizes torture and reinforces safeguards against ill-treatment;

(d)The Labour Act 2023, which modernizes labour protections and employment standards;

(e)The Mutual Legal Assistance in Criminal Matters Act 2023, which enhances international cooperation in criminal justice matters; and

(f)The National Social Protection Act 2024, which establishes a comprehensive legal framework for social protection programmes.

290.These legislative developments contribute to strengthening protections relevant to migrant workers and members of their families within the broader human rights framework.

(d)Youth employment and drivers of migration

291.The Government recognizes that structural socio-economic challenges continue to influence migration dynamics in the country. With a large youth population, youth unemployment and limited economic opportunities remain key challenges that contribute to irregular migration pressures. In response, the Government has expanded youth employment and skills development initiatives, including vocational training programmes, entrepreneurship support schemes and youth employment programmes aimed at improving economic opportunities for young people.

(e)Digital governance and data protection

292.As part of broader governance reforms, the Government has also taken steps to address emerging digital rights challenges. Legislative initiatives such as the Cyber Crime Bill 2023 and the Data Protection and Privacy Bill 2024 are currently under development to establish a national framework for cybersecurity, personal data protection and responsible digital governance in an increasingly digital environment.

(f)Climate change and environmental challenges

293.Environmental and climate-related challenges have also emerged as issues with potential implications for migration patterns. The Gambia remains vulnerable to climate change impacts, including coastal erosion, flooding and irregular rainfall patterns that affect livelihoods and agricultural productivity in several regions of the country. National strategies such as the Long-Term Climate Neutral Development Strategy 2022 and the ongoing revision of the National Climate Change Policy aim to strengthen environmental resilience and sustainable development.

294.While important progress has been made in strengthening legal frameworks, institutions and policy responses relevant to the protection of human rights, the Government of The Gambia recognizes that continued efforts are required to fully implement reforms, address emerging challenges and strengthen institutional capacities.

2.Overall challenges in the implementation of the Convention

295.While significant progress has been made in strengthening migration governance and the protection of migrant workers and members of their families, the Government of The Gambia acknowledges that several challenges continue to affect the full implementation of the Convention.

296.First, limited financial, technical and human resources remain a constraint for several institutions responsible for migration governance. Institutions and agencies involved in labour inspection, border management, victim protection and migrant assistance continue to face capacity limitations that affect their ability to fully implement policies and programmes across the country.

297.Second, the collection of comprehensive and disaggregated migration data remains an ongoing challenge. Although improvements have been made through the use of migration data systems and collaboration between national institutions, further efforts are required to strengthen data collection and analysis to support evidence-based policymaking.

298.Third, irregular migration continues to present complex socio-economic and humanitarian challenges. Factors such as limited employment opportunities, particularly for young people, continue to influence migration decisions. Irregular migration routes expose migrants to serious risks including exploitation by smuggling networks, trafficking in persons and dangerous journeys that may result in injury or loss of life.

299.Fourth, the cross-border nature of migration requires sustained regional and international cooperation. While The Gambia actively participates in regional frameworks such as ECOWAS and engages in bilateral cooperation with destination countries, continued collaboration is necessary to address issues such as labour mobility, protection of migrant workers abroad and the prevention of migrant smuggling and trafficking.

300.Despite these challenges, the Government remains committed to strengthening migration governance, improving protection mechanisms and promoting safe, orderly and regular migration in accordance with its obligations under the Convention.

VI.Conclusion

301.The Government of The Gambia remains committed to fulfilling its obligations under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Through legislative reforms, policy initiatives and strengthened institutional coordination, the Government continues to take steps to enhance the protection of migrant workers and members of their families both within its territory and abroad.

302.As part of the broader national reform process, the protection of migrant workers and the promotion of safe, orderly and regular migration remain key priorities. The Government will continue to work with national institutions, civil society organisations and international partners to strengthen migration governance, address the challenges identified in this report and ensure the effective implementation of the Convention.