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Gambia

Executive Summary

The Gambia’s constitution enumerates a full range of provisions and assurances for a multiparty democratic republic. In 2016 Adama Barrow, the consensus candidate of a coalition of seven opposition political parties, defeated incumbent president Yahya Jammeh in what international observers deemed a peaceful and credible election. Barrow was initially sworn into office in January 2017 in Dakar, Senegal, during a six-week political impasse when Jammeh refused to cede power. President Barrow was sworn into office again in The Gambia the following month after a peaceful regional and international intervention, led by Economic Community of West African States member countries, resulted in the former president departing for exile. In the 2017 parliamentary elections, the United Democratic Party won 31 of the 53 seats contested. International and domestic observers considered these elections to be free and fair.

The Gambia Police Force maintains internal security and reports to the minister of interior. The Gambia Armed Forces consist of four branches: the Gambia National Army, the Gambia Navy, the Republican National Guard, and the Gambia Air Force. The Gambia Armed Forces’ principal responsibilities are to defend the territorial integrity of the country, to aid civil authorities in emergencies, and to provide natural disaster relief assistance in agriculture, engineering, health, and education. The chief of the defense staff administers the Gambia Armed Forces and reports through the minister of defense to the president as commander in chief. Civilian authorities maintained effective control over the security forces. Members of security forces committed some abuses.

Significant human rights issues included: harsh and life-threatening prison conditions; trafficking in persons; and existence of laws criminalizing consensual same-sex sexual conduct between adults, although the law was rarely enforced.

The government took steps to investigate, prosecute, or otherwise hold accountable some officials who committed abuses. Nevertheless, impunity and a lack of consistent enforcement continued to occur.

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.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Citing more pressing priorities, the president dismissed homosexuality as a nonissue in the country. In 2018 the country’s delegation to the UN Human Rights Council stated the government did not plan to reverse or change the law. Although the law was rarely enforced, on July 1, local media reported that a Senegalese national was arrested in Kotu for engaging in same-sex relations with another adult. He was initially reported to police for stealing a cell phone of a Gambian man with whom he had sexual relations.

The law does not address discrimination against lesbian, gay, bisexual, transgender, and intersex individuals (LGBTI) persons in essential goods and services such as housing, employment, and access to government services such as health care. There was strong societal discrimination against LGBTI individuals.

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