In mid-October, the Gambian government relaxed various COVID-19 restrictions on travel and public gatherings in the run up to its tourism season. The country declared its markets opened, waiving a two-week mandatory quarantine imposed on people arriving in the country. However, travelers are required to show evidence of negative polymerase chain reaction test results conducted […]
Last updated:
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Detention-Related Legislation
GROUNDS FOR DETENTION
LENGTH OF DETENTION
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratification Year
Observation Date
ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
2018
2018
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2018
2018
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2003
2003
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2003
2003
Ratio of relevant international treaties ratified
Ratio: 15/19
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Human Rights Committee
§ 46. The State party should allocate a sufficient level of resources to the Gambia Commission for Refugees so as to ensure effective management and treatment of refugees and asylum seekers; increase the number of transit centres with adequate facilities and services; ensure that child refugees born in the State party or arriving as minors are provided with identification documents to avoid the risk of statelessness, and establish data on refugees and asylum seekers through the nationwide refugee status determination exercise.
2018
2018
2018
> UN Special Procedures
> UN Universal Periodic Review
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
APRW, Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol)
2005
2005
2017
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
In mid-October, the Gambian government relaxed various COVID-19 restrictions on travel and public gatherings in the run up to its tourism season. The country declared its markets opened, waiving a two-week mandatory quarantine imposed on people arriving in the country. However, travelers are required to show evidence of negative polymerase chain reaction test results conducted less than 72 hours prior to their arrival. As of 27 October, the country had recorded 3,665 positive COVID-19 cases and 119 deaths related to the disease.
On 15 October, UNHCR reported that it had recorded one positive COVID-19 case of a person of concern and that one refugee in Gambia had died from the virus. In addition, UNHCR’s local partner, the Gambian Food & Nutrition Association (GAFNA), has reportedly assisted schools located in refugee areas to prepare for their reopening. The support consists of equipping them with hand washing buckets, fumigating classrooms and other school spaces, providing training to teachers on COVID-19 prevention, and mitigation measures to reduce the risk of contamination in school.
In its May-July update, UNHCR reported that the closure of borders and the limitation of commercial activities due to COVID-19 had a negative impact on the life of refugee populations and others in the country. UNHCR supported GAFNA to provide cash assistance for three months (May, June and July 2020) to a total of 115 vulnerable refugees and asylum seekers residing in both rural and urban areas.
In September, the International Organization for Migration (IOM) resumed its Assisted Voluntary Return and Reintegration (AVRR) programme from Niger to The Gambia, with the support of the European Union. The returns were suspended in March when the governments of The Gambia and Niger imposed several restrictions, including the closure of all borders. The first group were returned on 23 September, which included 26 Gambian migrants. Before their departure, the IOM reportedly organised COVID-19 testing for people hosted at transit centres in Agadez and Niamey. The migrants were given hand sanitiser, masks, and food and water. Upon arrival, the returnees underwent temperature screenings and were issued arrival assistance cards before being transported to an overnight temporary accommodation facility, where they were provided meals and core relief items, including essential hygiene supplies.
As regards the country’s prisons, on 26 April, President Adama Barrow pardoned 115 prisoners in three different prisons--Mile 2 in Bajul (78 prisoners); Jeshwang (24 prisoners); and Jangjangbureh (13 prisoners)--in a bid to contain the spread of COVID-19. On 11 September, the prison administration stated that it is compulsory to wear masks within prisons, to wash hands regularly, and to test detainees and personnel. Nonetheless, medical professionals have said that they are worried due to overpopulation. Moreover, on 25 September, an anonymous source reported that around 60 prisoners tested positive at the Mile 2 prison. Most of these prisoners were newly arrived prisoners.
While the GDP has noted in the past that the Mile 2 prison was used to detain undocumented migrants, we have been unable to confirm if it continues to be used for this purpose or whether any specific measures were taken to protect non-citizens in immigration procedures.
Government Agencies
Ministry of Justice: http://www.moj.gov.gm
Police Force: http://gov.gambiapoliceforce.net
International Organisations
UNHCR Gambia: http://www.unhcr.org/gambia.html
IOM Gambia: http://www.iom.int/countries/gambia
Media
Freedom Newspaper: http://www.freedomnewspaper.com/
The Point: http://thepoint.gm
NGOs and Research Institutions
African Center for Democracy and Human Rights Studies: http://www.acdhrs.org
