All acts listed constitute criminal offences and are punishable as follows:
(a) to (d) 7 years’ imprisonment; [owning a slave or a person of servile status; enslaving another person or placing him in servile status; inducing another person to place himself, or a person dependent upon him, in slavery; inducing another person to place himself, or a person dependent upon him, in servile status]
(e) 5 years’ imprisonment; [mutilating, branding or otherwise marking a slave or a person of servile status in order to indicate his status, or as punishment, or for any other reason]
(f) to (g) 2 years’ imprisonment; [attempting any of the above acts; being accessory to any such act]
(h) 7 years’ imprisonment; [being a party to a conspiracy to accomplish any such acts]
(2) to (6) do not arise as slavery no longer exists.
(1) The fundamental human rights and freedoms enshrined in Rights and this Chapter shall be respected and upheld by all organs of Freedoms the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution.
(2) Every person in the Gambia, whatever his or her race, colour, gender, Language, religion, political or other opinion, National or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter, but subject to respect for the rights and freedoms of others and for the public interest.
Article 19: Protection right to Personal liberty:
(1) Every person shall have the right to liberty and security of right to person. No one shall be subjected to arbitrary, arrest or Personal liberty detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law.
(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case within three hours, in a language that he or she can understands, of the reasons for his or her arrest or detention and of his or her right to consult a legal practitioner
(3) Any person who is arrested or detained-
(a) for the purpose of bringing him or her before a court in execution of the order of a court, or
(b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the Laws of The Gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours
(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicions of his or her having committed or being about to commit an offence, he or she shall not thereafter be further held in custody in connection with those proceedings or that offence save upon the order of a court.
(5) If any person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or proceedings preliminary to trial.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person of from any other person or authority on whose behalf that other person was acting.
Article 20: Protection from slavery and forced labour
(1) No person shall be held in slavery or servitude
2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression “forced labour” does not include-
(a) any labour required in consequence of a sentence or order of court;
(b) labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or order of the court, is reasonable necessary in the interests of hygiene or for the maintenance of the place in which he or she is detained;
(c) any labour required of a member of a defence force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of any naval, military or air force, any labour which that person is required by law to perform in place of such service;
(d) any labour required during a period of public emergency or in the event of any other emergency or calamity which threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity for the purposes of dealing with that situation; or
(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.
Article 21: Protection from inhuman treatment
No person shall be subject to torture or inhuman degrading punishment or other treatment
Article 25: Freedom Association and movement
(2) Every person lawfully within The Gambia shall have right to move freely throughout The Gambia, to choose his or her own place of residence within The Gambia, and to leave The Gambia.
(3) Every citizen of The Gambia shall have the right to return to The Gambia.
(4) The freedoms referred to in subsections (1) and (2) shall be exercised subject to the law of The Gambia in so far as that law imposes reasonable restriction on the exercise of the rights and freedoms thereby conferred, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of The Gambia, national security, public order, decency or morality, or in relation to contempt of court.
Article 29: Rights of children
(2) Children under the age of sixteen years are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or be harmful to their health of physical, mental, spiritual, moral or social development.
When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both imprisonment and such fine.
Chapter 15 – Offences against Morality
Any person who –
(2) procures or attempts to procure any woman or girl to become either in The Gambia or elsewhere, a common prostitute; or
(3) procures or attempts to procure any woman or girl to leave The Gambia, with intent that she may become an inmate of or frequent a brothel elsewhere; or
(4) procures or attempts to procure any woman or girl to leave her usual place of abode in The Gambia, with intent that she mat for the purposes of prostitution become an inmate of or frequent a brother either in The Gambia or elsewhere,
Is guilty of a misdemeanour.
Any person who –
(1) by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either in The Gambia or elsewhere; or
(2) by false pretences or false representations procures any woman or girl to have any unlawful carnal connection, either in The Gambia or elsewhere; or
(3) applies, administers to, or causes to be taken by any woman or girl any drug, matter or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl,
Is guilty of a misdemeanour.
Any person who detains any woman or girl against her will –
(1) in or upon any premises with intent that she may be unlawfully carnally known by any man, whether any particular man or generally; or
(2) in any brothel,
Is guilty of a misdemeanour.
Chapter 24 - Assaults
(a) sells, purchases, gives or takes in barter, transfers or receives any slave or other person, in order that such slave or other person may be held or treated as a slave; or
(b) places or receives any person in servitude as a pledge or security for debt, whether then due or owing, or to be incurred or contingent, whether under the name of pawn or by whatever other name such person may be called or known; or
(c) conveys any person, or induces any person to come into The Gambia in order that such person may be bought or sold, given or taken in barter, transferred, or may be held or treated as a slave, or be placed in servitude as a pledge or security for debt; or
(d) conveys or sends any person, or induces any person to go outside The Gambia in order that such person may be bought, sold, given or taken in barter, transferred, or held or treated as a slave, or be placed in servitude as a pledge or security for debt; or
(e) enters into any contract or agreement, with or without consideration, for doing or procuring to be done any of such acts or accomplishing any of such purposes; or
(f) ships, tranships, embarks, receives, detains or confines on board, or contracts for, or authorises the shipping, transhipping, embarking, receiving, detaining or confining on board of any ship, vessel, boat or canoe, slaves or other persons for the purpose of their being carried away or removed from any place whatsoever, or imported or brought into any place whatsoever, as or in order to their being bought, sold, bartered, transferred or held or treated as slaves; or
(g) by any species of coercion or restraint unlawfully compels or attempts to compel the service of any person;
Shall on conviction be liable to imprisonment with or without hard labour for any period not exceeding seven years.
Any person bringing any slave into The Gambia, or purchasing, selling, or giving or taking in barter, any slave or other person, shall be presumed to have bought, sold, or otherwise dealt with such person in order that such person may be held or treated as a slave, unless the contrary be shown.
Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it will be likely that such person will be so subjected or disposed of, is guilty of a felony, and is liable to imprisonment for ten years.
Any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony, and is liable to imprisonment for seven years.
Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony, and is liable to imprisonment for ten years.
Any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour.
In this Act, unless the context otherwise requires-
''coercion'' means force or some form of non-violent psychological force and includes -
(a) restraint against a person;
(b) a threat of serious injury to, or physical restraint against, a person;
(c) a scheme, plan or pattern intended to cause a person to believe that failure to perform an act will result in serious injury to, or physical restraint of, a person; and
(d) the abuse or threatened abuse of the legal process;
''exploitation'' includes -
(a) keeping a person in a state of slavery;
(b) subjecting a person to practices similar to slavery;
(c) compelling or causing a person to provide forced labour or services;
(d) keeping a person in a state of servitude, including sexual servitude;
(e) the prostitution of a person or engaging in any other form of commercial sexual exploitation, including, but not limited to, pimping, pandering, procuring, profiting from prostitution, maintaining a brothel, child prostitution and child pornography;
(f) illicit removal of human organs; and
(g) exploitation during armed conflicts;
“forced labour” means labour or services obtained or maintained through force or other means of coercion or physical restraint
“servitude” means a condition of dependence in which the labour or services of a person are provided or obtained-
(a) by threats of serious harm to that person of another person
(b) through a scheme, plan or pattern intended to cause the person to believe that if the person did not perform the labour or services, the person or another person would suffer serious harm;
“slavery” means the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised.
(1) It is an offence for a person to engage in the trafficking in persons as defined in subsections (2) and (3).
(2) Trafficking in persons means-
(a) the recruitment of, provision of, transportation of, transfer of, harbouring of, receipt of, or trading in, persons;
(b) the use of threat, force or other forms of coercion, abduction, kidnapping, fraud, deception, the abuse of power, or a position of vulnerability; or
(c) the giving or receipt of payments or benefits to achieve the consent of a person having control over another person,
For the purpose of exploitation within or across national borders.
for the purpose of exploitation within or across national borders.
(3) Trafficking in persons also includes -
(a) placement of sale, bonded placement, temporary placement, placement for service, where exploitation by another person is the motivating factor; and
(b) transportation of another person within and across an international border for the purpose of exploiting that person's prostitution.
(4) A person who commits an offence under subsection (1) is liable on conviction to a fine of not less than fifty thousand dalasis and not exceeding five hundred thousand dalasis in addition to imprisonment for a minimum term of fifteen years and maximum term of life imprisonment.
(5) Notwithstanding the provisions of subsection (4), where trafficking includes rape or death of a victim of trafficking, or the victim of trafficking is a child, the offender is liable to the fine specified in subsection (4) in addition to sentence of death.
The Act aims to protect children through several important provisions or articles which the public should know about:
-Prohibits the engagement of a child in exploitative labour and hazardous work, or labour that deprives the child of his or her health, education or holistic development
-A company, organisation, any corporate bodies, or its members of staff can be punished for aiding or abetting the sexual abuse and exploitation of children in any form