Gambia

Paragraph 176

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.

Article 17:

(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.

The Constitution of the Republic of Gambia (PDF)

Section 34

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

Section 129

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.

Section 130

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.

Section 133

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

Section 230A:

Whosoever –

(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.

Section 230B

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.

Section 237

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.

Section 240:

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.

Section 241:

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.

Section 242:

Any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour.

Criminal Code Chapter 15 (PDF)

Criminal Code Chapter 24 (PDF)

Article 2.

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.

Article 28.

(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.

Article 30. Prohibition of use of victims of trafficking

(1) A person who uses a victim of trafficking commits an offence and 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.

(2) In subsection (1), “use” includes employ and allow to work for.

Article 32. Exportation and importantion of persons from, and into The Gambia

Notwithstanding the provisions of section 28, a person who-

• Exports, from the Gambia to a place outside The Gambia, a person who intent that he or she may be, or knowing it to be likely that he or she will be, forced or seduced into prostitution in that place;
• Imports into The Gambia from any place outside The Gambia, a person with intent that he or she may be, or knowing it to be likely that he or she will be, forced into prostitution any where in The Gambia,

Commits an offence and is liable on conviction to 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

Trafficking in Persons Act(2007) (PDF)

Trafficking in Persons Act (amendment 2010) (PDF)

Heading A- Marriages and betrothals.

Article 24. Prohibition of child marriage

Subject to the provisions of any applicable personal law, no child is capable of contracting a valid marriage, and a marriage so contracted is voidable.

Article 25. Prohibition of child betrothal, etc.

• No parent, guardian or any other person shall-
• Betroth a child to any person;
• Make a child the subject of a dowry transaction; or
• Give out a child in marriage
• A betrothal or marriage in contravention of subsection (1) is voidable.

Heading B- Exportation, seduction, procurement and other illegal dealings

Article 26. Exportation and importation of children

• No person shall-
• Export from The Gambia to any place outside The Gambia any child with intent that he or she may be, or knowing that it is likely that he or she will be forced or seduced into prostitution in that place; or
• Import to The Gambia from any place outside The Gambia, any child with intent that he or she may be, or knowing that it is likely that he or she will be forced into prostitution any where in The Gambia.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for life.

Article 27. Seduction of children

• No person shall-
• By the use of deception, coercion, debt bondage or any means whatsoever, induce a child to go from one place to another to do any act with intent that the child may be, or knowing that it is likely that he or she will be, forced or seduced to hace sexual intercourse with another person; or
• In order to gratify the passions of another person, procures, entices or leads away, even with his or her consent, a child for immoral purposes.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for ten years without an option of a fine.

Article 28. Abduction

• No person shall, with intent to marry or to sexually assault a child or cause a child to be married or sexually assaulted by any other person, take the child away, or detain him or her.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for ten years without an option of a fine.

Article 29. Causing or encouraging the seduction or prostitution of a child.

• No person who has the custody, charge or care of a child shall cause or encourage the seduction of, sexual assault on or prostitution of, or the commission of an indecent assault on the child.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for ten years.
• A person is deemed to have caused or encouraged the seduction of, sexual assault on or prostitution of, or the commission of an indecent assault on, a child if the person knowingly allows the child to consort with, or to enter or continue in the employment of, any prostitute or other person of know immoral character.

Article 31. Procurement of a child for prostitution, pornography, drug trafficking and use in armed conflict.

• No person shall-
• Procure, use or offer a child for prostitution, or the production of pornography, or for pornographic performance;
• Procure, use or offer a child for the production or trafficking of drugs; or
• Traffick a child for the purpose of recruitment for use in armed conflict.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for fourteen years without an option of fine.

Article 32. Foreign travel which promotes child prostitution

• No person shall organise, promote or encourage foreign travel which promotes child prostitution.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than two hundred thousand dalasis or imprisonment for a term not exceeding ten years, or to both the fine and imprisonment.

Article 33. Unlawful detention with intent to defile

• No person shall detain a child in or on any premises in order to sexually assault him or her or to have him or her sexually assaulted by any other person.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for ten years.

Article 35. Kidnapping or abduction of a child

• No person shall-
• Convey a child beyond the limits of The Gambia without the consent of someone legally authorised to consent take or entice an child out of the keeping of his or her parent or guardian without the consent of the parent or guardian to the removal;
• Unlawfully take a child out of the custody or protection of his or her parent or other person having lawful care or charge of the child, and against the will of the parent or other person, and it is immpaterial that-

(i) The accused believed the child to be of or above the age of eighteen years, or

(ii) The child was taken with his or her own consent or at his or her own suggestion.

• With intent to deprive any parent, guardian, or other person who has the lawful care og the child, or the possession of the child-

(i) Forcibly or fraudulently take or entice away, or detan the child, or

(ii) receive or harbour the child, knowing that the child has been so taken or enticed away or detained; or

• Knowing that a child has been kidnapped or has been abducted, wrongfully concea or confine the child.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment not exceeding fourteen years.
• A person is deemed to detain a child in or on any premises when the child is in or brought to the premises with a view to-
• His or her being sexually assaulted; or
• Detaining him or her in the premises with intent to compel or induce him or her to remain in or upon the premises, he or she withholds from hum or her any wearing apparels, other property belonging to hum or her or his or her travelling documents.

Article 37. Buying or selling children for immoral purpose

• A person shall not sell, hire, let or otherwise obtain possession or dispose of a child with intent that the child shall be employed or used for the immoral purposes or knowing it is likely that the child will be employed or used for that purpose.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for fourteen years.

Article 38. Other offences

• A person shall not-
• Cause or encourage the seduction or prostitution of a child;
• Keep a brothel;
• Permit the defilement of a child in his os her premises;
• Allow a child to be in a brothel;
• Trade in prostitution;
• Procure, use or offer a child for the production of pornography or for pornographic performance; or
• Procure a child into prostitution.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for ten years.
• Subject to any law relating to the transfer of convicted offenders, a person convicted under subsection (1) shall, if he or she is not a citizen of The Gambia, be deported after serving his or her term of imprisonment.

Heading C- Trafficking and Slave Dealing

Article 39. Trafficking in children

• Notwithstanding any other provision of this Act, a person shall not engage in child trafficking, or recruit, transport, transfer, harbour or receive a child by means of threat, force, or other form of coercion, abduction, fraud, deception, abuse of power or position or otherwise, for the purpose of sexual exploitation or any other form of exploitation.
• A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment life.
• It is not a defence to a charge for an offence under subsection (2) that the child consented.

Article 40. Slave dealing

• A person shall not
• Import, explot or otherwise deal or trade in, purchase, sell, transfer, take or dispose of a child as a slave;
• Accept, receive, or detan a child as a slave;
• Deal or trade in, purchase, sell, transfer or take a child in order or so that the child should be held or trated as a slave;
• Place or receive a child in servitude as a pledge or security for debt whether then due and owing, or to be incurred or contingent, whether under the name of a pawn or by any other name the person may be called or known;
• Convey or induce a child to go out of the limits of The Gambia in order or so that the child should be possessed, dealt or traded in, purchased, sold, or transferred as a slave or be placed in servitude as a pledge or security for debt;
• Hold or possess a child as a slave; or
• Enter into any contract or agreement with or without consideration of doing any of the acts or accomplishing any of consideration of doing any of the acts or accomplishing any of the purposes specified in this subsection.
• A person who contravenes subsection (a) commits an offence and is liable on conviction to imprisonment for life

Heading D- Exploitative Labour

Article 41. Prohibition of exploitative child labour

• A person shall not engage a child in exploitative labour.
• Labour is exploitative if it depives the child of his or her health, education or development.

Article 43 Minimum age for light work

• The minimum age for the engagement of a child in light work is sisteen years.
• Light work means work, which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from school work.

Article 44. Prohibition of hazardous employment

• A person shall not engage a child in hazardous work.
• Work is hazardous when it poses a danger to the health, safety or morals of a child.
• Hazardous work includes-
• Going to sea;
• Mining and quarrying;
• Carrying of heavy loads;
• Work in manufacturing industries where chemical are produced or uses;
• Work in places where machines are used; and

Work in places such as bars, hotels and places of entertainment where a child may be exposed to immoral behaviour.