Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide for equality of all persons; no person shall be treated in a discriminatory manner because of race, color, gender, language, religion, political or other opinion, national or social origin, property, birth, or other status. Legal provisions against discrimination do not apply to adoption, marriage, divorce, burial, and inheritance of property. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education.
There were no reports the government failed to enforce the law.
Rape and Domestic Violence: The law criminalizes the rape of individuals–without reference to gender–and domestic violence. The penalty for conviction of rape is life imprisonment. The maximum penalty for conviction of attempted rape is seven years’ imprisonment. Spousal and intimate-partner rape was widespread and not illegal; police officers generally considered it a domestic issue outside of their jurisdiction. Rape and domestic violence were widespread problems that often went unreported due to victims’ fear of reprisal, unequal power relationships, stigma, discrimination, and pressure from family and friends not to report abuses. Conviction of domestic violence carries a sentence of two years’ imprisonment, a substantial monetary fine, or both.
The Ministry of Women’s Affairs, Children, and Social Welfare operates a shelter and cooperates with UN agencies and civil society organizations to address sexual- and gender-based violence. In November a campaign of inclusive events was conducted to address issues of sexual- and gender-based violence in the country. The vice president led a march to raise awareness of the problem and to encourage victims of sexual- and gender-based violence to report abuse in order for perpetrators to be charged and prosecuted.
FGM/C is a deeply rooted practice in society. FGM/C cases are very seldom reported, either because individuals do not agree with the law or because they are uncomfortable reporting family or community members engaged in the practice to authorities. According to UNICEF and NGOs, 76 percent of girls and women between ages 15 and 49 had been subjected to FGM/C. NGOs, including the Gambia Committee on Traditional Practices Affecting the Health of Women and Children, Wassu Gambia Kafo, Safe Hands for Girls, and Think Young Women, were at the forefront of combatting FGM/C in the country.
Sexual Harassment: The law prohibits sexual harassment and stipulates a one-year mandatory prison sentence for conviction. Sexual harassment was prevalent but not commonly reported due to discrimination, social stigma, and unwillingness to challenge the offenders due to unequal power relationships and fear of reprisal.
Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children. They had access to the information and means to do so free from discrimination, coercion, or violence. Abortion is illegal and criminalized, including in cases of rape. According to the UN Population Fund, 41 percent of married or in-union girls and women ages 15 to 49 made their own decisions regarding sexual and reproductive health, including deciding on their health care, the use of contraception, and whether to have sex. According to UNICEF, 88 percent of births were attended by a skilled health-care professional.
The government provides access to sexual and reproductive health services for survivors of sexual violence.
According to the World Health Organization, the country’s maternal mortality rate in 2020 was 597 per 100,000 live births. It identified hemorrhage, anemia, early pregnancy, and obstructed labor as the main causes of maternal mortality. FGM/C negatively impacted reproductive and maternal morbidity.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution and law provide for equality of all persons, including with regard to race, color, language, religion, political or other opinion, national or social origin, and birth. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education. Nevertheless, the law does not provide for the same legal status and rights for women regarding adoption, marriage, divorce, burial, and inheritance of property. During the year there were no reports the government failed to enforce the law effectively.