640th Meeting, 42nd Session, Committee on Migrant Workers (CMW)

Distinguished members of the committee, distinguished members of the delegation of the Republic of the Gambia.
Ladies and gentlemen, I call to order the 640th meeting of the committee on the Protection of the rights of all migrant workers and members of their families.
Committee will proceed with agenda item seven, consideration of reports submitted by state parties under Article 73 of the Convention.
This afternoon, we will continue in public dialogue with the consideration of the initial report of the Republic of the Gambia.
I now give the floor to His Excellency Mr.
Moke Sisi, Minister of Trade, Industry, Regional Integration and employment, and head of the delegation of the Republic of Gambia to continue his presentation together with his experts, and after which we will have a dialogue with the rapporteurs and other members.
Your Excellency, you have the floor.
Yeah.
Chair, distinguished ladies and gentlemen, we are back and I want to thank all of you for yet again coming to support us and to give us the required guardian that we need in moving as a country on this important agenda.
Your Excellency, we will continue with our answering of the questions that were raised yesterday, and we intend to do this by assigning responsibilities to the various issues that were asked.
With that, we will start with our commissioner, Mr.
Kujabi to start with the question answering Mr.
Kujabi Thank you, Honorable Minister, and thank you, C for giving me the floor.
There were some questions that were raised regarding to migration data collection.
The questions are what measures has been taken to improve migration data.
Key measures taken are the introduction of migration information and data analysis system called MIDAS that modernize our border management and migration data collection.
Equally, the methods also taken to improve migration data is strengthening the institutional capacity.
That is national institutions have received technical assistance, like we have our Spanish counterparts and IOM that assist us in training to improve migration data collection and analysis and reporting.
Equally, the improve interagency cooperation and data sharing efforts have been made to improve coordination among government institutions dealing with migration.
Likewise, trying to establish a central database that will synchronize all the standalone data in relation to migration data.
The questions also there was another question that state that what messages has been taken? To prevent the smuggling and trafficking.
The Gambia has adopted a combined legislative, operational and institutional and regional measures to prevent smuggling and trafficking.
But my concentration will go on the operational measures, maybe the legislative measures, my other partners will talk about it.
On the operational measures, government has adopted an integrated border management approach aimed at strengthening border surveillance, enhance information sharing amongst security agencies, conducting joint border patrols, and combating transnational organized crime.
Likewise, protection of vulnerable migrants.
On the regional messs, the Gambia has increased collaboration with our neighboring countries, particularly Senegal and Mauritania through intelligence hearing, joint border patrols, particularly in Senegal, and cross border investigation with Sengalese authorities when it comes to smuggling of migrants.
The question also there are some questions that were asked what institutions are involved in the in the Gambia Immigration Department and Bureau Gambia Bureau of Statistic is not only Gambia Immigration and the Bureau of Statistics that collect data.
Trade also do collect data, Ministry of Foreign Affairs and Gambians abroad, and our partners such as IOM also collect data.
There were also some questions on migration data disaggregated by sex and age and nationality.
Yes, migration data is disaggregated by age, sex, and nationality.
But other status such as other status or relevant categories, which we don't know, but mainly, these are the three categories, how we categorize them by sex, age, and nationality.
Also, there were some questions on smuggling smuggling and trafficking.
The question on what step has been taken to strengthen border control and protecting migrants rights.
I will leave that to my legal Ministry of Justice to answer.
I will go back to the questions where it was asked It was asked whether immigration irregular migration is criminalized.
To respond to this question, irregular migrants, we don't criminalize them.
They are administrative, different from the people who are facilitating.
For the facilitators, we term them as we categorize them on criminal aspect, but under irregular migration, it is administrative.
Normally, what we will do is, if you have your valid document, we will ask you to regularize your stays, particularly people who are from the West African states or ECOS member states.
On the issue of language and interpretation, there were some questions if that Gambia is surrounded by Senegal, a Francophone country.
What interpretation or language support is available for migrants from the neighboring countries.
Looking at the context of Gambia, most of the migrants that are coming are from West African countries, Senegal, based on our data is the highest of number where we intercept and based on the common language and the geographical location, we don't have barriers on language because we speak the same language.
Likewise, the other national that have the highest that is from Guinea, we have officers who equally have the same language, we can speak.
Where there is a challenge, we normally consult the consulate to come and assist where there is barrier on this communication.
Also, on the immigration detention yesterday, we were able to answer, but there is a question that such facilities suitable for migrants, including women and children.
To our current situation, I will not say it is satisfactory based on the Sometimes the volume of interception as of three days back, there was an interception of 126 migrants.
So normally with the support of the Spanish, we have a reception center at Tang, which cannot take more than 40.
So it is a big challenge which we are facing, but with the help of Red Cross, whenever we have a big number, they will come and support us to make shift accommodation where we segregate different kind of sex and children apart.
So the issue of whether the facility is suitable, I would say it is not suitable.
It's a gap which we will want also partners to look into it to support the government to ensure that we have a standard reception center.
Coming to Is immigration detention used only as a method as a last resort? Yes.
Normally, the Whenever we have these migrants, sometimes we have to consult their host families who are in the Gambia.
So we allow them to go with their host families to stay there.
Also, we also provide them with we regularize their stay by providing them with residential permits so that they can legally stay in the country.
So the other question that is on border management and SIP protection at sea.
The question stated that what measures has Gambia taken to prevent death of Gambian migrants on Atlantic routes? Uh On this area, we have patrols and interceptions, which we do based on the collaboration with our sister services.
And our neighbors like Senegal, we always do our patrols to stop people from using the sea.
This is why the number has increased.
If we look at the statistic of 2024, we have processed almost 717 migrants that we stopped from using the Atlantic Ocean to travel, and we have almost 41 cases.
And in 2025, we have processed 2,652 migrants and the case involved by the facilitators are 62.
And this year from first January to May, We have 73 cases of smuggling and the migrants that we process is almost 3,144.
This shows the trend of the questions that were raised yesterday on the trend that people are coming through non Gambia is one yesterday, I made mention of the laws criminalizing smuggling is not there.
The current law is not adequate to be able to address those issues.
So People are using the Gambia on it as a transit.
So it shows that there is a large volume of people coming into the Gambia based on our all week laws, I can say because the punishment mostly in our current immigration laws are administrative.
So on that note, I will stop here.
These are the questions that I have to respond regarding to yesterday's questions raise.
Thank you.
Thank you, Commissioner Commissioner, thank you.
We now invite the Ministry of Trade in response to those questions relating to employment matters.
Thank you very much, Minister.
I am here to response to some questions raised yesterday.
One is concerning access to justice and remedies.
Yeah.
On migrants.
The migrant workers have actually protections under the Labor Act of 2023.
They have rights to put their issues, whatever issue they have complaints or whatever, anything similar to that, that they can make before the Department of Labor or other Industrial Tribunal on the terms and conditions of their employment.
The complaints are naturally addressed in accordance with the Labor Act.
Yeah.
The complaints are actually addressed in accordance with the Labor Act, which is non discriminatory.
That means when you are addressing the issues of the migrants, it has to be in accordance with the Labor Act and the Labor Act does not make any difference between the migrant worker and the gambling workers.
The Department of Labor to conduct sensitization on the labor legislation, making the worker aware of their rights and obligations.
That also includes the migrant workers.
As I said, the Labor Act does not have any such discrimination.
Whatever applies to the government workers, the same thing applies to the migrant workers and their rights and responsibility in the Act are always assured.
There are institutions that also do that do this that address their disputes.
Maybe where they have a dispute at their workplaces.
Labor Department can always handle those disputes.
And also, we also have an industrial tribunal.
The industrial Tribunal is also there where the department could not settle settle disputes that the tribunal will be there to settle.
But they also have the right to go to the industrial tribunal without even passing through the Department of Labor.
So there is assault that whatever dispute they have or whatever concern they have concerning their terms and conditions of employment is clearly addressed accordingly without discrimination.
The other questions we have child is about child labor.
Okay.
The child labor, of course, as we mentioned yesterday, it's a convention that has been ratified by the Ger some years ago, and the law also has also been domesticated in the Labor Act.
And in that a person shall not engage a child in any public or private agricultural, industrial, or non industrial under critic.
A person shall not engage a child in any occupation that is likely harmful to the health, safety, education, moral, or development of the child.
Of course, there is a child labor policy also.
What I just mentioned is in the in the Labor Act 2023.
But we also developed a policy called the child labor policy, which is right now in an advanced state.
Department of Labor do conduct inspections of workplaces concerning children.
We do a child labor inspections, of course, in addition to the order inspections that we do, but child labor it takes a lot of precedent when we are doing this in spectrum.
And we come across with some issues of child labor in the informal sector.
Which we do everything to try to settle the matter.
Of course, the labor will also have some constraints when it comes to child labor, especially in the informal sector, which is very difficult to manage.
We have the plans to do a training, sensitization programs, which will also require support from partners, maybe including the committee here.
These standardization programs will be done in order to minimize the occurrence of child labor in the informal sector so that the children will be protected as the act requires.
Thank you very much.
Thank you, Honorable Minister, and good afternoon to Distinguished committee.
Thank you, Honorable Minister, and good afternoon to distinguished committee members.
I'll be responding on to the dissemination of the training on the convention.
The first question says, what actions have been taken to disseminate the convention? To be honest with you, not much has been done for the dissemination of this convention in the Gambia.
And also, the second question says, have training programs being organized for government officials, border police, immigration officers, labor inspectors, judges, and other relevant actors.
Again, due to lack of adequate resources, the government of Gambia could not do any dissemination on this convention for these officers like the judges, labor officials, inspectors, board officials, immigration officials, and of course, key stakeholders.
On that note, The government will be very much appreciative if this committee could facilitate the resources for us to be able to conduct this training and also awareness raising for this conversation to gamble.
Thank you.
We move on to the other segment relating to the legal aspect, and I call on AJ to shed light on some of the issues raised.
Thank you very much, Head of delegation and committee members.
I will touch on the issues of discrimination, access to justice, the immigration bill, smuggling of migrants, trafficking and FGM, which are some of the issues that were raised by the committee yesterday.
On the issues of discrimination, I believe we all know that we currently working with the Immigration Act of 1965, which is all and archaic and have not met today's test of human rights standards and the fight against discrimination.
Have the Constitution, like you already aware, the 1997 Constitution, we have general provisions on discrimination.
We also have the Immigration Act and the Constitution making some protections on women rights in general, but not specifically on migrants issues.
Because of this gap that we have seen in our legislation, that's why the government take the step of having a new immigration law.
Which come into place not just to repeal the current 1965 Immigration Act, but also to come in with more innovation and advanced provisions that can meet the standard of time and the current trends on migrations.
Under this new bill, especially from Section 132 to Section 137, it talks about the rights of migrants being given urgent medical care free of charge with no fees attached to it.
It gives provisions on the protection of violence on migrants against migrants, also assistance for migrants whose lives or safety are in danger and also give them more access to counselor services and translation as stated previously by the previous speakers.
This new law introduced all these new provisions which if passed will be very advanced and then will also have a lot of protections for migrant workers and their families.
On the issue of access to justice, we have the National Agency for legal aid.
They give legal services to migrant workers and their families who are caught up by the law in the Gambia.
They give from legal advice to legal representations from the Children's Court to all the courts to the Supreme Court of the Gambia.
However, they are limited to felony or capital offenses.
This is due to the human capacity resource that they have.
They can represent migrants in cases which have to do with capital offenses only.
Apart from that day, unfortunately, they cannot offer legal services.
Currently, from the data we have, from 2021 to now, they've offered legal services and representation right now to 30 migrants in different category of offenses.
That's what they have right now, non Gambians have been given legal representation at the moment.
I've discussed briefly on the immigration bill.
I think it's important to say that the immigration bill, as stated by head of delegation yesterday, is tabled before the parliament from the 1st of June of this year, and the first reading of the bill will be done on the 8th of June, that is next week before the Parliament.
We cannot say how long it will take for the bill to be passed, but we are happy that the National Assembly members have already been engaged on the bill.
And they have seen the need of having the bill passed in time because the issue of migration is affecting all of us, and we're seeing it as it's not something that's new.
It's something that we see every day ongoing.
And it's urgent need to have this law in place, especially now that the smuggling of migrants is not made a separate bill.
I think I need to clarify that.
The smuggling of migrant now has been introduced and added in the immigration bill.
There's a new part, I believe it is part, sorry.
There is a whole part, P 12 going all the way to that deal with the issue of smuggling of migrants.
Then now the Immigration Build to code the name of the type.
It's called the Gammy Immigration Build of 2026 and just to quote a bit, to provide measures for the prevention and prohibition of migrant smuggling and related offenses to ensure effective administration of immigration P and enforcement of migration laws and of connected matters.
The smuggling of migrants now is in this Immigration Build and it has now, um criminalize a lot of it and it has done the issue of the aggravated smuggling of migrants, the general offenses, up to final forfeiture of proceedings, the judicial processes, and all other issues that has to do with smuggling of migrants.
This is a needed legislation, and we believe because of the necessity of this legislation, the National Assembly will give timely consideration to this bill that will be going through the first reading on the 1st of June before the National Assembly.
Um, to also talk about, I think our report will talk about the FGM, another committee member, talk about the FGM issue.
And we thank you for commending the Gambia for maintaining the criminalization of the FGM.
But the fight is still now ongoing.
As you may be aware, there are some members of the National Assembly that have brought this matter before the Supreme Court of the Gambia still trying for this law to be set aside.
But the government has maintained the same status that it has been maintaining since the passing of this law, and we're defending the matter before the Supreme Court hearing have already started before the Supreme Court to show that FGM is a harmful practice and it's just a matter of tradition, but not religion, and it's a harmful traditional practice.
It does protect our girls and our women in society, and this is the political will of the government and with the help of all stakeholders and all partners, we will continue to fight to have this law criminalized in the Gambia.
I think that's a bit of what I want to talk on right now, and then we can elaborate later when the need arise.
Thank you very much, Mr.
Chair.
Oh, sorry.
The trafficking in persons, NTP.
Sorry, I left NATP out.
NTP, we have the National Agency Against Trafficking in the Gambia.
It was established some time ago and they have been doing a good job, especially in the area of sensitization and average.
The agencies in the Gambia that their visibility and existence is felt in all parts and corners of the Gambia because of how active and how engaging they are with the public and with the population in the Gambia.
So I'm they have just provided some brief data which we can share with the committee and that 2021-2025, NTP have recorded cases involving both sexual exploitation and labor exploitation and the data have shown that the reported cases have increased from 2022 when 54 cases were reported.
But from 2022, there is a reduce in number of reported cases.
Because in 2023, they have 37 reported cases.
In 2024, they also have 37 reported cases, and in 2025, they have 35 reported cases of trafficking in persons.
Um, the number of investigation of cases have also declined 42-33 in 2023 and 29 to 16 2024-2025.
This suggests that some improvement have been done, but also we will be careful not to interpret that it's only a decline in trafficking because traffic can also be hidden and under reported in some instances.
Um, what is incurring is the improvement of prosecutions in native cases.
As in 2025, five cases were prosecuted and five convictions have been secured 2020-2025.
This shows that there's a strong follow through the investigation to the accountability of trafficking in persons cases.
Um, Mr.
Chair, the trend shows that the Gambia is threatening its response to native cases as now we're just not identifying, investigating, but also we proceeding to prosecution and conviction of trafficking cases in the Gambia.
It's also safe to just here.
We will share with the committee some of the datas we have from the National Agency of legal aid in the case of non migrants that they are representing, their offenses and what they're looking at.
We'll also share the data from the Gambia Prison services to give statistics of how many non nationals are in our prisons, what are their offenses, their term or serve, their sex, their gender, their age.
We will provide this report and documents to the committee immediately after the session or all within our 48 hours from completing the session.
Um, there was a question raised on the issue of family reunification.
Family separation.
Yes, separation.
It was raised by a committee member yesterday.
We want to say that this is like the committee member already said yesterday.
We know that issue of deportation is not a challenge, but there are other situation in which we have seen family separation, and then we have some examples that were thanks to the National Agency for trafficking in prisons, native agency also.
There was an instance in which a minor was brought trafficked to the Gambia.
Um, but there was room for family reunification because the Gambia Agency of trafficking had an MOU with Native in Nigeria.
And because of this, this minor was of Nigerian national.
There was coordination between these two sister agency, and then reunification was successfully done because I was audit and instrument in place between these two countries.
We also have instance in which we do not have MOU or partnership with other agencies, but then we have the mutual legal assistance framework in the Gambia.
In which when we have these kind of issues, we always have the opportunity to list with their missions, their counselors in the Gambia to see how to reunify the families with the persons that are in the Gambia.
Honorable Chair, this is what the Ministry of Justice will provide for the moment.
Thank you very much.
Just to add on family separation, incident happened in 2016, due to political standoff when actually there were incidences of family separation, but briefly.
During that protocol standoff.
Besides that, also, you have incidences where perhaps a child from the US as well as, I think from UK brought to the Gambia due to family separations and there was this ongoing child custody fight in those places.
I think apart from that, we didn't have quite an extensive family separation matters as such.
Thank you, Aj.
We will move on with respect to maybe Buffalo if you want to add on any particular specific issue, sir.
No.
Okay.
Then, Mr.
Chair, I'll hand my hand over back to you if there are any follow up questions that you would want us to further elaborate on.
One last thing was the issue of, I think, remittances.
The remittance and remittance optimization mechanism.
I think it is only safe to say that going by the central Bank report, remittan inflow have been increasing since 2022 to somewhere US dollar 774.6, which now stands about 62.9% of GDP and have been growing, which is quite significant.
I think the import of the question here was to what extent social remittances can now be also redirected to investment, to support development, which is quite significant and important.
Central Bank is working on this, and I think as we speak, they are introducing an estate development mechanism where they are targeting and Gambians approach to be able to invest and holds in those arrangement, to be able to support the investment to realize this particular national initiative.
It's really quite significant that if we can redirect and rechannel remittance flow into development initiatives for growth and development.
Mr.
Chair, over to you.
Thank you, Honorable Minister and your team, and also I appreciate the frankness with which you presented your views and facts which perhaps will enable us to make a better set of recommendations and to continue the dialogue.
In that spirit, I will first offer the flow to my coraer, Madame Esmina to start the dialogue.
Thank you, Chairperson, and also I would like to use the opportunity really on very open honest dialogue we have with delegation and we always taking into consideration periods since convention was ratified, but also how state approached implementation of their duties.
I will apologize in advance if I will repeat some questions because it is very difficult to follow all answers and so on.
But also before I will start with questions, I will summarize some of your answers what questions by my colleagues and by myself.
You answered related to statement on Article 7677, NHR mandate criminalization of illegal immigration.
We will continue with question about that to clarify because your immigration law from 1965 has that provision and is it still that law in place or we need to clarify that.
Funding of law and laws and the implementation, you are very honest, particularly in part of dissemination of convention and education of officials that you need support and maybe it is time to say how it's important to ask assistance, technical assistance, all you expressed that you already have from IOM and from some states as Spain and so on.
But definitely it is very important to require further technical support for implementation laws.
Also, you mentioned anti trafficking how does look it's new strategy document from 2026, 2030 and maybe to give us more information on that.
You answered the questions related to corruption and inter ministerial task force.
It is very important that you accept the ad hoc method, the reporting is not very well, but it is also important without having ad hoc method, that is not possible to have a report today that we are reviving.
Involvement of civil society organizations and also protection of detention you explained, but also we need more clarification related to this tangent center.
We still have a big dilemma related to that.
Thank you for those answers related to inspectors.
But everything when you explained looks very nice.
But from practical point of view, example, today you explained labor law.
That is equal citizens for Gambians and for non citizens for migrant workers.
But it will be good to really have figures how often migrants using that and how those who are working in irregular sector able to approach to those mechanisms.
A data, you gave answers related to data.
You are on beginning of that process, border control, employment matters, and children, we really discussed many issues and therefore, I will continue with further questions.
The Gambia adopted the labor migration strategy and action plan for 2022 and 2026, extending social protection coverage, including access to Social Security to migrant workers.
Having in mind that this document will expire this year, could you provide us with information on ethics of implementation if you made that assessment? Taking particular attention on the fact that migrants are dominantly involved in informal sector.
Do migrants involved in this sector have access to Social Security? In this context, please, can you give information on cases of domestic servitude, forced child labor, including practices by madras and majalis such as forced begging, street vending, domestic work, and agricultural work, as well as commercial sexual exploitation, including sex tourism and measures that have been taken to prevent such practices.
Who is responsible for monitoring and supervision of the implementation of labor laws and regulations for the protection of migrant workers? The delegation explained mandate of labor inspectors, but what is the practice? Do you have any figuras about the number of cases related to migrants that labor inspection intervened? Today also mentioned other mechanisms, but it is very important to see how much those mechanisms established are effective or maybe they're only on paper.
Do the migrant workers have access to hotline for migrant workers to report abuse? What is procedure to sign working contract with migrant domestic workers in Gambia, among whom majority are women? Do you have a register of those contracts for domestic workers? What is the situation with the migrant workers prominently migrant domestic workers in countries of destination in particularly in Spain and Saudi Arabia, having in mind that with those states, the Gambia has agreement.
Please, can you inform on the working conditions of migrant workers in irregular situation? Who does the monitoring and implementation of the principle of equal pay for work of equal value with regard to migrant workers, in particular migrant domestic workers who are mostly women? Related to right to education, the Constitution and Children's Act guarantee compulsory basic education for all children including non citizens.
But how does this constitutional and legislative provision implement in practice, having in mind that there is no policy guidance on how migrant children and children without regular status can access to basic education? How it is regulated.
Exam, if I'm in school, I'm manager of school, and if some migrant child will approach with parents to entry to school.
How does that system works? Or if you find it center in this tangent center, children, will you send them to school? The access to health is one of main problems of migrant workers and members of their families in many countries.
The Gambia adopted the national health policy for period 2021, 2030, providing equitable access to health services for non nationals.
However, as eligibility for the national health insurance shams is dependent on documentation, what opens question of access to health for migrant workers and members of their family.
Please, can you explain does and how migrants have the access to health, taking account the national health insurance shame? The Social Security and Housing Finance Corporation introduce Tama pioneering Social Security S tailored for the Gambia's informal sector, which represents more than 80 percentage of national workforce.
Can you provide more information on this? Because we know that is pioneering Social Security shame, but it will be good to have information on that.
You already discussed with us issue on rights of Gambians abroad, but maybe you can provide us information on your diplomatic offices with focus on those states which are recognized as states of origin for Gambians but there are no diplomatic offices.
How you provide your citizens with their rights if there are not enough diplomatic offices and what are you doing to improve diplomatic network? You mentioned bilateral agreements with Spain and Saudi Arabia good relations and agreements on the regional level with Senegal and so on.
Is some additional bteral agreements on which we should have information.
Which measures the government of Gambia undertaken to promote safe, orderly and regular immigration pathways.
Yesterday, you mentioned that as champions, you accepted among others objective number five of GCM.
Can you specify activities taken with aim to prevent irregular immigration, migrant smuggling, and trafficking in person? Could you inform on voluntary returns of Gambian domestic workers from countries such as Saudi Arabia and Lebanon, often do exploitation rather than formal request for return.
Do you have any figs in how many cases the government assist repatriation? Have you take additional measures to discuss this issue with states in which such practices is registered? How does look? It shows that is a voluntary return of Gambians migrants from those states.
But in practice, conditions under which those migrants worked push them to return? Do you have assessment of those cases? Did you discuss with those states authorities about such practices? Again, question about expulsion.
Can you give data on expulsion cases of migrants? Those cases have been provided by judicial review? There has been recognized problem with extremely low rate of birth registration in general and children born to Gambian migrant workers and members of their family abroad require consular registration in order to obtain Gambian citizenship.
Can you give us more information about that on both elements, birth registration in Gambia generally and also how this issue is regulated for Gambians abroad.
About survey carried out in 2024 and 2025, 87% of residents of Gandhian descent are documented, increasing the risk of staleness.
What is vigorous about that? Because it is very important to see if they are broad, if they don't have it is a serious issue that they become stateleness.
About transfer of earnings and saving, can you give us information on barriers that migrants workers, in particular, those in irregular situation face in assessing formal financial services, including bank accounts and regulated money transfer operations and about cost for admittance? It is very relevant.
We already discussed the issue of family reunification, maybe also climate changes and influence on immigration, particularly from Gambia, how much climate changes influence this process.
Yeah, I will stop here because I would like to give opportunity for my colleagues.
But those socio economic and social rights are now particularly the focus of our dialogue.
Thank you, Jasmina.
Let me add a few more issues to the dialogue.
Some of it may be repetition, but I'm going to seek further clarification.
I thank Labor Commissioner for his specific answers to issues that we raised.
But maybe that he can expand on some issues that we are more worried.
One issue is the migration route through Atlantic Ocean through Canary Island, where the irregular migrants, traffickers all use and where deaths have occurred.
And you mentioned some statistics.
We're thankful for that, but we are more interested in learning more about measures that you are having maybe together with your own security forces or border patrols to interdict or to stop such hazardous trips so that you can avoid deaths in oceans, any specific bilateral agreements you have, any specific special measures you have? And if not, do you intend doing that It may be not exactly Labor Commissioner's remit, but I'm sure you are aware of what's being done because this is a very key issue because prevention is better than CO and we should not allow traffickers to win this issue.
Traffickers will be always very innovative.
And then how do you handle that? Because these are very famous route and you are at the center of it.
So we would like to hear a little more about that.
With regard to that was very frank admission that you don't have resources to designate the convention.
I appreciate your frankness, but let me come back to you on that with regard to the strategies you may follow with regard to us more information with regard on that.
You have a National Human Rights Commission, that is, I think Paris a grade Paris principal will recognize National Human Rights Commission.
Now, We have a dialogue, they are very competent people, and when you have a grade in HRC, you have international recognition, and they are also able to raise resources as long as you have given them responsibility.
Now, how much have you use your National Human Rights Commission in your implementation activities, in your dissemination activities? For instance, dissemination about the convention, if it is assigned or done in collaboration with the NHRC which is a non governmental organization, it may have a better chance of success and better chance of ability to raise internationally available funds.
So have you given them a kind of a mandate to do certain works with regard to implementation of the convention? That's the question that I would want.
And then on the same vein, you should try to observe how some other labor origin countries strategies they use to discipate the convention.
For instance, I will give you what Sri Lanka is.
Labor recruitment agencies when they do the training of prospective migrant workers going abroad, how to spend their own money and disseminate the convention.
They earn money because their recruiting agency, and they are expected to disseminate the convention.
Among the things that when they have a workshop to train the migrant workers, in that workshop, somebody else will have to come and explain to them their rights.
Whether they can exercise their rights in the country that they go is another issue, but they are being told about the rights.
There are many ways that you can use to bridge this resource gap.
We don't have resources, therefore, we are unable to do something is not a very satisfactory answer.
I just want to mention that.
But main, main vehicle could be the labor recruiting agencies.
Now, I want to ask you about the labor recruiting agencies as well.
How do you monitor them? What are your conditions? How do you register them? How do you monitor them? Who is responsible for that? It's the labor commissioner or somebody else? Because they play a very important role with regard to Gambian migrant workers abroad and they are it legitimately profiting that's a business for them.
But that business should not be exploitative.
They should have a reasonable.
Are you making measures to not to allow them to exploit the migrant workers going abroad? What measures you take on that? And for that, you can link the dissemination of the convention as well.
One other issue I want to expand is about the protection that you provide to your migrant workers in countries like in the countries where you have even labor agreements, but despite agreements in certain situations, especially those who are involved in domestic work in some countries, they have enormous problems and they need legal aid, they need shelters, they need psychological assistance, and they should have reporting mechanisms, whether something like, let's say, can they get online and report to the embassy or the consulate.
The I think, things that if you you are doing it, you can explain.
If not, you may have to start doing that because now almost every migrant worker must be having a mobile, and then how many consulates you have abroad in where you have concentration of migrant workers to take care of their concerns? Are they online? Do they have specialized personnel who are gender sensitive, who have ability to give proper legal advice, and do you send officers with that capacity to consulates.
These are some of the things that we would like to hear from you more.
One other issue I have is about reintegration.
Now, you have circular migration arrangements with Spain, and I believe in Switzerland also I'm not too sure.
Then of course, In the normal sense, those who are working abroad wants to return.
Now, what sort of reintegration packages you offer for returning migrant workers? Do you have several if you have what type? I mean, it's kind of the same or there are different categories of packages depending on the status of the person because some well heeled professionals who are returning may only need sometimes special arrangement that the customs or their facilities for their funds to come back.
Whereas another category, we want everything else to go home from when they land in the capital to go home even they don't have money.
So it's a different types of assistance people require depending on their social status.
So if we can talk about that a little bit, that's something we would welcome.
Um, so for the time being, I will stop at that and I'll offer flow to Mr.
Oia.
You have the floor, sir.
Okay.
Thank you, Chair.
I wanted to thank the delegation of the Gambia.
Thank you for your answers.
I want to pick up where you left off, Chair, the agreements with Spain.
Can you hear the interpretation? Just so you get the right channel for the English interpretation.
Thank you.
I'll start again.
I was saying that I want to pick up where you left off as chair, namely the agreements with Spain.
We have received states here during our dialogues who have signed similar agreements.
Our analysis is that sometimes This is changing the border in terms of migration.
By that, I mean, there are some supports that are provided.
With that in mind, I wanted to get a little bit more information about these agreements that you have.
I wonder whether you've taken some stock of how these agreements have gone.
What exactly have you gained through these agreements? I mean, of course, we see what the other part might get.
I mean, I know these agreements exist with other countries, but You don't want to be some stop on the migration and might that happen in the sense that very often you will see this promise that young people, indeed, there are development finance projects behind things like this.
I just wonder whether have you taken stock? Have you seen how useful this has been? Another point that I wanted to raise I saw a documentary not so long ago.
It was produced by a Gambian NGO.
It was interesting as a documentary.
It was dealing with young people who had tried to migrate and actually, it was a disaster, the actual migratory route crossing the Mediterranean, but prior to that, trying to get across the Sahara, an absolute disaster.
Really terrible experiences.
This NGO produces documentary in order to raise awareness amongst people that migration is not always what you think it's going to be.
I think documentaries like that are very important because it's a bit of a mirage that people have.
This idea that it's definitely going to be better elsewhere.
I don't know if you're familiar with the NGO in question.
But I wonder whether there's been any success in that sense.
I'm thinking also about people wanting to go to Spain.
I believe there may be even a fund that's available for people to young people who want to stay.
What's the cooperation that you have with NGOs like this? Because what we want, I think, at the end of the day is also to be able to fix young people in their own country I mean, it's true that in Gambia very often the bars in the evening get full of young people, but also, there's a lot of a draw to other countries in the north that is a mirage for these younger people in the Gambia.
I just wonder what your experience has been in this regard.
Thank you.
Thank you, chair.
Thank you, you have the floor.
Thank you.
Thank you, Minister.
I'd like to thank all members of the delegation.
Thank you for this information.
Very useful and interesting information.
When I was a young researcher, that was a long time ago.
The The border was in what they said was Barcelona.
There was an awful lot of Africans who'd been blocked there.
A lot of them wanted to go actually to France, Germany, and other countries, Italy, that was back in the day.
Of course, now we're seeing a clampdown on the borders.
Now that we've seen the frontiers going further south, Morocco, Senegal, the Gambia.
Mention has been made, I think of both Guineas.
So we're seeing a shift in these borders.
They're not new, but they're linked to what? Linked to the European security issues in Talia.
The frontier of Europe is not just geographic, it's very much where you will have the controls and the checks because of what I call the externalization or outsourcing policies of the EU.
We're seeing many states, even if they don't want to, but they are being told to outsource their immigration as it were.
There have been many crisis.
Back in the day, it was Mediterranean, 2007 and eight, 2009, there was a huge movement to the Canary Islands and there was a clamp down there in the Canary Islands.
Now we're seeing new trends, and I think the Gambia is also involved in it.
I know your government has done a lot in terms of raising awareness with your programs.
You have a program where you try to have former migrants explaining to young people in Gami what the risks are, the dangers there are in emigrating.
I know you have programs like that.
I think you've used also all the media, TV, radio, broadcasts.
And more informal community based meetings to explain to young people who want to leave what the realities are.
You've got an awful lot of initiatives and your government, I think, announced a very ambitious program.
It'd be good to have more information.
Zero departures, I think it's called.
Now, what does that mean really? It'd be useful to know what that means.
Has there been any results from that? Because New Year's Eve last, there was a huge tragedy in your country, not just the Gambia, of course, on the coast, there were people who, I don't know, I think 30 at least drowned and were retrieved from the waters.
You have the stepping up of controls and commendable outreach, what do you think is a viable alternative for young people? I mean, I'm African myself, and I work with young people myself.
When I talk to young people, they turn around to me and say, what you're saying is correct, there are risks, but I want to see for myself, which is true.
Young people want to see for themselves.
I just wonder what your proposals are when you have to address these issues with young people.
Thank you, Sharif.
I give the floor to Madam Sabringa Thank you, Chair.
Thank you for giving me the floor.
Good afternoon, everyone.
I would also like to extend a welcome to the delegation of the Gambia.
And also, thank you for your answers and the additional information that you've provided via our constructive dialogue.
I wanted to pose just a couple of questions and make some comments.
First of all, I wanted to start with a question that has to do with cultural rights, and then other questions on the rights of family members of migrant workers and particularly children's rights.
The Gambia has a high proportion in the Echoes region in terms of immigrants in your country.
If you compare with other countries in proportion to the population in the Gambia.
As we've heard, I think an awful lot of and you mentioned this yourselves, somewhere in your report, they come from Senegal, a neighboring country, who I think account for virtually half of overall immigrants, Guinea, Guinea Bissau, Mali, Mauritania, Sierra Leone as well, I believe.
More and more migrants coming into your country.
As opposed to Gambians living abroad.
In addition to that, we have what we call circular migration, which is temporary in nature and often linked to seasonal work in the Gambia and I believe in the rest of West Africa, this is a phenomenon which is particularly specific to that area.
Amongst the community of migrants, particularly from the neighboring states, there is, I believe, a Lebanese diaspora, which has been several years, in fact, many years in your country, even to date, You have that diaspora, which I believe also is able to benefit from Gambian nationality.
You have this huge diverse fabric in your country.
I wonder what measures can you take as a government to guarantee cultural rights of these and indeed religious rights of all these different migrants that are in the Gambia and ensure this coexistence.
I have other questions on the rights of children.
I want to go back, first of all, the whole issue of birth registration.
This is a follow up question on birth registration, the right to an identity, and as indeed our colleague Jasmina mentioned, what measures are you taking to combat statelessness? According to one of the most recent surveys carried out in the Gambia, there is a disparity between registration between the sex of the children, although it's different registration according to whether they're male births or female births.
It seems that more male births are registered vis-à-vis girls.
I wonder what measures are being taken to ensure that there is equal birth registration equitable between girls and boys.
Immediately after birth, of course, for both.
Another question has to do with access to care and vaccination.
I think that has been sometimes poor hygiene and practice and it accounts for a large percentage of under five deaths because of lack of hygiene.
Also, it's linked to infection, neonatal infections, or malnutrition.
What measures is the state taking as part of your health policy to ensure that there is equitable access to vaccination for the children of migrant workers? Another question, early marriage, particularly for girls.
What is your government doing to combat early marriage, particularly regarding migration? In other words, the children of migrant workers or migrants themselves.
Sometimes girls are fleeing gender based violence.
Sometimes they are sent by their own families to get married.
Those are my main points.
Thank you, Chair.
Thank you.
There are no other experts who want to come in to raise questions, I offer honorable Minister a little break for you for about 15 minutes.
Sharif, go ahead.
Sorry to take the floor again.
Yesterday, I asked a question and you as well, you tried to answer, I know, but perhaps not sufficiently.
I'm sure you've got an awful lot to say on the cash transfers.
I had a very clear question.
What is your government doing? To channel and promote these transfers of money.
How? We know that these are beneficial on the country's balance of payments in terms of hard currency.
So what are you doing to support this? I know it's not easy.
I know it's not straightforward, but what initiatives are being taken? I asked you this question yesterday as part of your development plans, nationally and regionally, locally? To take into account the migratory dimension as recommended by many programs within the UN and also our own general comment that we have.
We really stress this whole issue of using those cash transfers or monetary transfers to facilitate so that it's channeled into development activities as well, and particularly as part of your plans more broadly.
You know, you accommodate the question of immigration when you're designing these plans, so that they can participate, they can contribute, but it all needs to be accommodated at every level.
Locally, nationally, regionally when you designed these plans.
So just to refresh your memory on that, thank you.
Thank you, Sharif.
Minister, you can take about 15 to 20 minutes and then return with the view to provide us with more comments, clarification so that we can continue our dialog.
We have time until 6:00.
Please take a break.
Thank you.
You have the room that we have reserved for you last time.
Thank you.
Dear colleagues, we resume the meeting, and I have the honor to give the floor to honorable Minister to continue our constructive dialogue.
Thank you.
Yeah, thank you so much.
We're almost there, but we still have to share a note and provide some answers to a few of the gaps that you still find in our report.
Um And the issue of ara and flow came up again, and we've indicated the magnitude and the amount and how increasingly this is becoming significant.
Initially, it goes to support family support and But government of recent time, we've been trying to redirect remit and flow from two aspect.
The way and manner they are sent home, which was largely through these informal channels, and we're trying to redirect them to the banking system for proper record and also documentation.
Within that context, all the related charges have been substantially been reduced to give preference to that channel.
That is one way.
The other aspect is in terms of the support type, which was largely domestic support, but now we're trying to incentivize them to also add the envelope to include investment in, for example, national development such as route and housing.
These are delivery program by government to channel the fund flow.
With respect to birth registration and statelessness, Division of Justice will speak to this in a moment.
But somebody also mentioned about access to education for migrant families.
Linked closely to that was the migrant support mechanism through social protection, access to school and healthcare, migrant support mechanism in terms of documentation on related matters.
I am glad to report that we don't experience discrimination in the Gambia, to the extent that migrant families or migrant and their families do have access to our schools and health facilities once they complete the registration and the documentation process.
In the Gambia, healthcare costs and basic schools, education costs are almost zero.
To that extent, access to those facilities are non discriminatory and a I did not have this concern of restriction.
The issue of domestic servitude was mentioned and a We have noted this but I'm not quite categorically to say I'm not aware of this whether migrants, if they are working as domestic servants are subjected to this level of servitude.
But you do have incidences of sometime harassment and maybe maltreatment, but it's not widespread as feared to amount to the categorization of domestic servitude.
Um Migrant access to banking services.
Again, once they are registered and documented, they will have access just like any other nationals.
Once they complete the documentation, access to banking services and health care services doesn't become any more problem with the documentation provided to them.
How is climate change vis-à-vis affects migrant well being and movement? When they are affected to some extent, the government and the local authorities do step up to support their transfer to better services and better facilities and also provide support services on the ground to making sure that their well being and condition of stay and access to basic services are catered for.
Few instances in Banju and elsewhere during the time of maybe rainy season when such incidents happen, but government step up quickly to making sure that they are protected, their welfare are also safeguarded.
With respect to public services, to my knowledge, we have no discrimination of access to those basic services once the registration process is completed and documentation are also completed.
Those basic services relates to education, health services, which are like I have mentioned earlier, either free or very accessible.
Financial cost is not a limitation.
To accessing those basic services.
I will leave the counselor services support to BFO to respond to this.
While the legal aspect that was also raised, we'll give it to the Ministry of Justice.
To cover the legal issues that were covered.
Questions are also directed regarding migration and immigration issues.
We luckily have the Commissioner of Immigration to talk to that.
Policy issues.
I can come back to this, but the Commissioner of Labor is also here as well as the Director of employment, who will also talk to issue relating to policy questions that have been also addressed to us.
Maybe we will start with the legal aspect.
Yeah.
Okay.
Thank you very much.
Hi, everyone Minister.
Thank you to committee members.
Um I want to start on the issue of the inter ministerial tax force.
Madam Special Report and I think yesterday we discussed briefly on how it's been coordinated, that it's an ad hoc committee and sits when the need arise in preparing different convention reporting cycles.
It's hosted by the Ministry of Justice.
We chair and we coordinate this committee.
But I want to give an example of maybe how it's actually been done.
I'll now give example in this treaty reporting of the Convention on the migrant workers.
In this instance, what we did as a ministry is we took the convention and looked at the different articles that are available in this convention and then identify the stakeholders in this convention.
The convention talks about children, migrants, workers, their rights on education, health, and all of these different issues and and articles.
Then you identify the stakeholders and you write officially to all these institutions, inviting them to, first of all, nominate focal persons that deals with these issues.
And have expertise in these areas.
Then these ministries will now identify two focal persons from each institutions.
Then what we have, we have the inception meeting in which we will first of all, now sit together and then have all these two individuals from each institutions to come on board of this meeting.
Then we look at the convention together and then divide the workload based on articles of each ministry's area and expertise.
Then we give timelines on each of us to come back and report on what has been done in that area in your ministries.
This is how the approach we do.
We don't just stop on government ministries and agencies, no.
Now we look at all the issues.
There's the time we had the National Assembly also be part of this inter ministerial committee.
There's the time we also have the CSOs and the National Human Rights Commissioners, all of them are brought on board from the initial state of identifying tax roles and responsibility in getting information and data in compiling this report.
It's the stakeholders that go with us all the way to validation.
But when it's time now to validate the document, we expand the scope.
We expand to get a more larger number in other agencies and other institutions and other CSOs partners, and even our international partners also joined this process.
Then they're given time to look at the documents.
They're given normally 14 to 21 days in which they can look at this document, make their observations, and also make their input before we have to sit and then validate the document.
Once we sit and validate the document, we send it back to them for them to look at it again and see everything that was raised, observes, amendments are incorporated.
Before now, the government will now prepare the cabinet paper for approval, then it's now transmitted to the Gambling mission for onward transmission to the committee.
This is how the inter miator committee works.
Now, now that we have done this reporting under review, at the end, when the committee submits its recommendation, we sit again and look at this committee, the recommendation and see how we can do a roadmap.
On an action plan on implementing these recommendations before the next reporting cycle.
This is how the inter ministerial tax force work.
What we know it's something that's also a bit challenging and it will have been easy when you have the national reporting the MRF reporting and follow up mechanisms because then it's more coordinated.
When you have permanent members that are just mandated to look at this and do the continuous reporting.
It's something that the G is working on.
Right now, the Ministry of Justice have created a workforce in the 2026 budget.
It has been there but it has been augmented to have a directorate.
On human rights.
It's this directory that we want to now give the mandate of reporting and follow up of all the international conventions and treaties signed and ratified by the Gambia for our reporting and our follow ups.
I think I've done a bit of explanation for that.
The next one I want to talk to is the issue of the hotline for migrants.
We have quite a number.
We have a quite a number of different hotlines that are provided.
I want to give some We have different ones for migrant children and then even for other migrant workers, and they can report abuse exploitation through several channels.
We have the Child Protection Helpline, which is 199, which is linked to another one, 1313, which has to do with gender based violence.
So it's open to everybody within the jurisdiction of the Gambia.
You have access to these hotlines.
On any mobile network you have, just a matter of dialing the numbers and you have someone answering to your calls.
And it's a 247 network, not available just during official or working hours.
It's available any day, anytime.
And then we also have another one for the NTP, also the traffic enforcing agency.
They also have their hotlines, the 121123 It's also accessible to anybody within the jurisdiction of the Gambia 247.
Then we also have the police emergency number 117.
All these hotlines are available for different ones, whether it's police, whether it's trafficking, whether it's child abuse, whether it's domestic abuse, or it's child protection.
They're all available to the public.
And then you can even be by driving through the gambia, you see the signboards in which these hotlines are listed when you're driving downtown, you can see them and you can have like awareness that these lines are available and you can call them anytime, and then your information or message can be given and share to them.
I also want to talk on the issue of dissemination of the convention.
I believe Mr.
Chair is on the issue of the National Human Rights Commission.
I want to say briefly on that.
Yes, the convention is being disseminated, the awareness, but not to the level that we wish for it to be.
The National Human Rights Commission is working closely with IM and the Office of the High Commission for Human Rights.
I can comfortably say that as the head of the Human Rights Unit of the Ministry, we partner with the Office of the Human Rights Commission in disseminating all the convention, not just under Migrant workers, on torture, on enforced disappearance, on the rights of the child.
We engage individuals.
We have done a lot of training for the National Immigration Services.
The issue is we don't do a holistic campaign awareness or sensitization.
I believe what we do is we pick the most important actors rather than everyone.
We have trained the G Immigration Services, the Ministry of Foreign Affairs, the diplomats, the Ministry of Justice, the lawyers, the judicial officers.
They are few but not all.
I think the National Human Rights Commission also is even doing the border, the border posts, they're reaching the immigration at the borders also to sensitize them on this legislation, but it's not as holistic or as more it should be.
We're doing what is limited.
Just a little courage on that.
The last part I want to look at is the issue of birth registration.
The birth registration and statelessness, I'm trying to bring these two together.
As we know, birth registration is the first and foremost thing that's needed for legal identity so that a child has proof of birth.
And then the identity and the parentage, it's all indicated in this registration process.
In the Gambia, birth registration is free of charge, like the Honorable Minister stated.
Then in the year from the 1st of August 2022 to the 28th of Fe 2023, we did the um electronic data registration system in the mass registration system.
Then in this registration process, we had 1.1 million people registered.
Then all Gambians are registered, all non Gambians are registered.
Everybody within the jurisdiction of the gamble was given the opportunity to register and issued a birth certificate.
But I want to clarify that registering, but also you have your birth certificate.
It says that Mr.
ABCD is born in the Gambia and of this parents.
But then it doesn't guarantee you the right to citizenship.
I believe maybe that's where the issue of statelessness come because at the time of birth or registration of birth, one of the parents should be a Gambian for a person to be able to have a nationality of a Gambian.
But if at the time of birth and registration, none of the pay is a Gambian, you are entitled to the birth certificate and that's what we can do.
You are entitled to give in the nationality of the Gambia unless you reach the constitutional requirements that are stated by the laws of staying in the country for 15 years or maybe married to a Gambian, which are the other requirements of when one can be a naturalized citizen to be naturalized and be a citizen of the Gambia.
I think I just wanted to talk about that also briefly, Honorable Minister.
Yeah.
Just to add that the health insurance process or the health insurance scheme is also closely linked to this registration process and both children of nationals as well as non nationals, once completed the registration process would be also registered under the health insurance scheme.
Regardless of their nationality status.
So the registration at the level of the health facilities is closely linked to the administration of health insurance for those registered individuals.
You still have one? With government.
I think it's because of our population size, which is about 2.6 million, I believe, from the last population centers we did.
G is a small country and we're happy that yes, we have NGO CSOs that pressure the government, but we also have that cordial and respectful relationship and they're always open whenever we engage them to work together and partner with us.
In some instances, the government will reach out to them.
In some instance, they reach out to government and say, we want to reach out and submit and support the government in areas of A, B, C, and then government will always open up to those invitations and work together.
So we partner with CSOs, not just on reporting, in sensitization, in outreach, in trying to disuage the youth, and you have a lot of programs that are ongoing on the radio TVs, which are done by the NGOs and the CSOs and not government.
And then they can even bring they invite government experts to come and give information on the radio activities of what's going on concern the areas of migrants, the risk of irregular migration, the opportunities available to the youth when they stay in the country, and the use of the US the Ministry of the University of take how do you call you said the University of the Gambia for learning.
Yes, vocational training.
The NGOs and the CSOs are partners to government and they work with us and they assist us together in developing the agendas of the country.
Thank you very much.
Last One issue came regarding that was raised within the context of domestic servitude.
I don't know what the legal position would be, but I'm sure domestic servitude may amount to some serious legal problem.
Whether the non documentation of some of these migrants and their spouses and their treatment at workplaces in some instances amount to the domestic servitude.
I don't know what's your take on this.
Okay.
So let's move on to issue of counselor services.
That was also flat.
Maybe, Madam Buff, if you want to you.
Yes.
Gambia, as you know, is a small nation, and we of course, cannot afford to have diplomatic missions in all countries where Gambian nationals are.
But at the moment, I can tell you that we have about 24 resident diplomatic missions located in strategic positions around the globe and a to close the gap, there are also honorary councils that are established to support these missions and also to support Gambians and Gambian nationals residing in these areas.
As of 2025, the Ministry of Foreign Affairs has developed terms of reference for honorary councils in order to help them assign roles to them to have a mandate in order for them to support Gambian nationals especially those that found themselves in emergency situations, those that are in need of gaming national identification documents.
So these are all rules and efforts that the honorary councils would be playing in order to support the Ministry of Foreign Affairs abroad.
In terms of the actual number, we do not have it presently, but we'll be happy to share that with the committee subsequently, as well as other additional information that we can provide in relation to that question.
Thank you.
Micro Thank you, Mr.
Care.
Still on the immigration law bridges, as the rapporteur has mentioned, under the current Immigration Law or Immigration Act, irregular migration is regulated and certain breaches of immigration law may attract legal consequences.
However, there are some parts, many parts are administratives.
A So the honest answer to that irregular migration may still have immigration related consequences, but the direction of the reform is to ensure that victims, smuggled migrants, children, and other vulnerable migrants are identified, protected, and referred rather than to punish for exploitation or smuggled situations.
Coming to the issue of how to prevent deaths or Gambians or migrants dying on the route to Atlantic Ocean or Europe.
The government of the Gambia has done a lot through Gambia immigration, through sensitization.
In the first quarter, all the administrative regions has done a sensitization program to discourage and show people or youth on the danger attached to this irregular migration.
And schools were targeted, local authorities as well as the mayors of the municipalities were targeted.
For the past the first quarter was dedicated for sensitization, and we have equally have a community engagement unit that normally goes to the radios, to the TVs to sensitize people on the risks on irregular migration.
So on the issue of prevention, but sometimes it depends on the mindset.
Because we have seen even those with employment leaving their employment to move.
So this is about mindset which we are equally trying to sensitize them so that they can know the risks that are happening on the on these journeys.
We equally on prevention of this, we have this partnership with the Spanish government through Spanish police, a project called Common Operation Partnership that has an establishment in the Gambia, Senegal, Moe, but they have an overall body that coordinates the issue of information sharing.
For instance, if you look at the statistic of our last year, if, for instance, a boat departs from the Gambia, we inform either Morani through that network, and at the end, they are either intercepted regionally before reaching to other areas where there may be endangered in the sea.
But most of the time we do of a prevention method because of maybe the capabilities of individual countries going to the seas and all other thing.
But with the support of these COP projects, the Senegalese and the Mauritanians are doing very well and they have the laws.
Now the pressure is on Gambia based on, we don't have the laws that punish the perpetrators or the facilitators of migrant smuggling.
But with the new law and with the support of government, I'm sure the trend of migration and the prevention will be reduced or the number of deaths will be reduced drastically.
I think these are the questions that were highlighted or raised during the to make certain clarification.
I think this is what I have based on the questions raised.
But on the issue of one on the zero departure was mentioned here, it is a nomenclature that is used aimed at preventing people from departing using our our jurisdiction or our river to depart to Canary Island or to any other place.
But it is a name that was used in a period of maybe two months, but there are always a continuous prevention of people using the Bagw or irregular way to go to Europe.
Thank you.
In the area of diplomatic services coverage, I think it's fair to say that Gambians would have access to the post available in the countries that we cover.
But where those Gambian citizens that are out there, we normally advise that they would report to closest Sengalese embassies and consular services.
In the event, again, Sengalese centers are not even available, then I would advise them to report to the nearest West African collaborating centers.
That is, to what extent we provide services to Gambian abroad.
The issue of social protections, particularly with respect to migrant access to education, health, and housing scheme.
We've talked about education and health, but with respect to the housing scheme, returning Gambians or Gambians in general, will have all privileges and access rights, just like the residents Gambians in the Gambia.
But it's fair to say that we have now step up also mechanism within the Social Security housing mechanism to make sure that maybe perhaps in the not too distant future, dedicated housing schemes are established targeting Gambian diaspora and migrants to have access to housing.
Um, I think those are areas that I just wanted to fill in as we proceed with the deliberation.
Now, I would want to invite perhaps the Director of employment to talk about policy or regulatory issues that have been also touched on in the equations, followed by, of course, the Commissioner of Labor.
Let's go Honorable.
Thank you, honorable for giving me the floor.
They have mentioned about employment policy, which is a five years policy called national employment policy and action plan.
And in that policy, it is accompanied with the action plan that has eight strategies for employment creation.
And also in that policy, it was designed for a five years period 2022-2026.
And there was a main target in that policy that was to create at least 150,000 jobs by the end of the five years.
So the policy is supposed to phase out at the end of this year, but we were able to reach our target by creating 163,650 employment.
And this is from the Gimber Bureau of Statistics, from their labor force survey finds in 2025.
2026 20 years.
So that's about the policy and with the employment creation, like I mentioned yesterday, we do not have any discrimination.
In the Gambia, once opportunities are available, it's advertised, and we will say those with suitable qualifications.
So you will see that our employment creation is not limited only to the Gambian people.
Someone also mentioned about getting more information about the BLA, the bilateral labor agreement between the Gambia and Saudi.
I would like to mention again that this labor agreement was signed on the 9th of November 2023, between the Government of Gambia and the Government of of Saudi Arabia.
And in that agreement, it was in two fold.
What is the one was the unskilled workers and the other one is the skilled workers.
With the unskilled workers, that one refers to the domestic workers.
I domestic work the way the government implement that that part of the BLA, the government has Lansing about 17 private recruitment agencies to do the recruitment of these domestic workers.
How does it work? Applications are open for people who are able to do recruitment, and they will apply through the Department of Labor via the Commission of Labor, who will vet the applications.
And also, there's a team called the Bilteral Labor Reitman Committee who will vet those applications, and then they will advise Ho minister who will approve for their licensing.
Once they're approved also to recruit domestic workers, they work with us very closely because we make they advertise it over the community radios, national radio, national television.
They make so everybody in the Gambia has a chance to apply as a domestic worker to Saudi Arabia.
And also, in the BLA, We got a template of employment contract from Saudi.
And when the template comes, the ministr again invites the bilateral Technical Committee to vet the employment contract.
And normally we modify to suit the Gambian employees when they go to Saudi.
Like I mentioned yesterday, in the employment contract, it will indicate the their work hours for the day, their their off days, their sick leaves, if possible.
Of course, their annual leaves are all clearly indicated.
And also, before these domestic workers leave the Gambia for SR, they are trained on the pre departure training manual.
And that takes about one week or two to make sure they are familiar with the laws of the country to where they are going to.
And also, before they leave the Gambia, the Hono Minister, department Sector accompany them to the airport.
To see them off.
And once they get to Saudi too, they are welcomed by their employers and the gambling embassy in Saudi.
And we make sure that once they get to Saudi, their documents are not seized.
They maintain their passports and the employer will help them to get Saudi SIM card to make sure they can communicate to their family members backroom as soon as possible.
And we also make sure they create their WhatsApp group those domestic workers and us at the ministry.
So for us every week, we make calls to find out who's doing what, and whether they are doing fine or not.
They also anytime they have any issues, they will call the ministry and they discuss that with us.
Of course, there are some times when, you know, some issues arise.
Because, for example, we had The Gambian kids are not used to traveling abroad, and the cultures are different.
The traditions are different.
Like in my country, what we are used to is, for example, after lunch, you get together, chat.
After dinner, you get together, chat.
Sometimes you have no work, you get together, chat body.
If you are house, you come to Deneba, you don't see anybody.
And it's the same thing in Saudi.
So when they go for the first time, they feel nostalgia, like homesick and they feel like they are sick or they cannot stay there.
So we have instances like that, but now that happens, our Hono minister and Prime Minister Mo immediate access are taken.
If they want to come back home, we facilitated for their immediate reform.
Sometime return.
Sometimes when they come, the employer will request that we replace because during the recruitment, they are not allowed to pay anything.
The employer will pay for all the recruitment processes if bad, they have to get them to go.
So if somebody goes and don't want to stay, definitely the employer wouldn't want to lose the money he spent.
So they will ask for recruitment agency to get a replacement for them.
So sometimes it's a loss for recruitcy but the ministry will always step in to help them get a replacement.
Because there were two instances when those ladies came back, we paid for the air tickets, and we report also the recruitment agency to make sure they're able to replace those workers to their employers.
All right.
Commissioner.
Thank you very much.
In addition to my colleagues, let me deal with issues the mic.
Yeah, on the responsibility of enforcing the Labor Act.
Commissioner of labor has the responsibility of enforcing the Labor Act.
Of course, commissioner can delegate his power to the inspectors and to the officers.
The inspectors, they have a central role in enforcing the Labor Act because they're the one on the ground.
They they do the inspection, they check on the terms and conditions of employment and the like but that's the inspectors unit that is handling that.
But it's not only the inspection unit that enforced the Labor Act on the instruction of the commissioner, but we also have what we call the Industrial Relations Office.
These industrial relations are responsible for the disputes, dispute that are happening in the workplaces.
And we also have another unit called the Public Employment Services.
They are responsible for employment services to the job seekers.
Yeah.
So this enforcement actually is done is done by enforcing the Labor Act.
The Labor Act is the one that they enforce, but as I said, commissioner is the one responsible and delegate the orders to the work.
And we have as my colleagues already said, we have about 20:17 private employment agencies.
That is very clear.
And whether we have access to facilities to put the disputes claim, whether migrants have access to facilities to put.
That's another question somebody asks here.
As I said, the Labor Act does not discriminate migrant workers.
They have all the access to facilities to lodge a complaint.
The complaint could be lodged with the Department of Labor at the commissioner's office, or we lodge at the industrial Tribunal.
These are open to them and they can make claims and then they can make any representation to the commissioner to put their claims and it will be like any other person.
And labor inspection, as I said before, is one of the responsibility of the Department of Labor.
And during the labor inspections, there are findings that we do.
It's mainly on the terms and conditions of employment, which includes the contract of employment.
Every employee is responsible required to have the contracts in writing, which the inspectors will be around to check on that.
But they also check on the occupational safety and health of workers.
Occupational safety and health of workers are something the inspectors will also look into.
And also, they also look into issues of children's, child labor at workplaces because the act required that every employer keep a register of children that are working under them.
So the inspectors will have the responsibility to check on those register to ensure that the children that are working are working under safe conditions.
Yeah.
The other thing they also look into, that is how many Gambians and how many migrant workers in any place that they are also inspecting.
Yeah.
So I think are yes, I think these are some of the things because my colleagues had already highlighted some of the things that I already noted.
So thank you very much.
I think Madame Sabrina talked about cultural rights and right of family members of migrants within the context of the Gamba or Sen Gamba region.
How do we safeguard those rights? Maybe I don't know who'd want to take on that one.
Somebody mentioned about sensitivity of cultural rights.
Some of these migrants also move from countries different from ours.
How do we secure those ones? Um, there is also the issue of sensitization campaign that we conduct, particularly the Department of Employment and the Labor Department, all geared towards sensitizing migrants and on their rights and also on their obligations and the need to also have their documentation properly done.
And to also follow some of these processes that are required.
But also along that sensitization comes also getting them to be aware of support mechanism available in country and also country of destination.
And in the event of problems, the reporting mechanism that are also available sharing distress numbers and communication channel.
To allow the authorities and, of course, the recruitment agencies to step in and assist where they can.
This particular process is not simple at all and it's not light, is heavy responsibility.
But as a state and also collaborating with our various partners, we take it very seriously.
We, uh making a lot of efforts in the area of regulation, in the area of legislation, in the area of development of support mechanisms to attend to migrants needs and services.
Having said that this may not be a exhaustive.
We've just attempted to answer as much as we can now.
For orders that we don't have immediate answers here, we would refer back to headquarters to the country to facilitate and help provide some answers.
But it is safe to say that this exercise, having gone through this process was quite helpful and really While I'll come to my closing appreciation in a moment, it is safe to say that we really are grateful having gone through this process and the kind of guardian and support that all of you have provided.
You want to add, Madam, On the issue of protecting migrants cultural and politic and religious rights, we're not having that challenge.
We are echos, West Africa.
We have similarity in a lot of the things we do.
And we have seen that migrants have come to the Gay and formed their own associations.
And they celebrate their own national day and their events.
It has gone now we have a lot of migrants marrying the Gambian sisters, and then we notice that the migrants men are more gentle than even the Gambian men, just to show how accommodating we are to the migrants in the Gambia.
This is not a challenge or difficulty and I think it will be it will be nice to have Some of the committee members may come and visit the Gambie.
You know, it's a small country with very close community relationship and very easy to settle and feel the sense of belonging.
The issue of discrimination and having to respect or respect migrants cultural and religious rights, as long as it is not repugnant to justice, equity, and good conscience, the Gambe is open to accept and protect their rights.
That's what I want to add.
Thank you.
Thank you, Your Excellency.
I Of course, as you mentioned, you have to you can send more information in writing in time to come within a particular period and we welcome that and also that we recognize the efforts genuine effort that you and your delegation made in terms of trying to provide responses as best as possible.
I now give the floor to our rapporteur, Madam Jasmina, to make final remarks and comments.
Thank you.
Liz, I'm beginning to say that I'm so glad that I was the rapporteur for Gambia.
I really have enjoyed this exercise because of delegation and they approach.
They really were open and honest.
Our job was very easy because they recognized the importance to ensure implementation of obligations, not because of the committee and to introduce nice picture, but to introduce really realistic situation in our country and to introduce own society.
And how they create options to ensure implementation.
Thank you to delegation and Patro to head delegation, how maintain this process, and also it is nice to see gender balance of delegation.
I would like to remind that what head of delegation said yesterday.
Migration is part of life and the reality of many families in Gambia, including diaspora.
It is something what we should remark that they recognize that everything what they should do, it is because of their people, not because of some international document.
Definitely, those things which have been recognized by authorities that convention cannot be done only by one institution alone.
But all government institutions, including civil society, thank you that they explain us a reason why they delay with reporting.
Also how they recognize importance and benefits from reporting process and because our accommodations with guidelines then to make further progress.
Also, it is very important how they explain to us what was drafting process for this report.
I'm sure if they will continue in this mode how they have made previous work, that there will not be only ad hoc body, it will be permanent body for process of reporting.
It's not only to finish report, it is very important to provide systematic follow up action, not only when you will receive recommendations, but it should be permanent process of follow up implementation.
Um, Also, it is important, head of delegation mentioned that it's not that they recognize that it's not only protection of border, it is protection of human beings, and they are trying to transfer those principles in practice, through law in practice.
I I'm sure that they will adopt standalone laws on immigration because it is very relevant to give principles in one piece of legislation and other laws harmonized with that standalone law.
National coordination mechanisms of immigration definitely should be improved.
There is no doubt on that.
It's good that they recognize in which direction they will go.
As was mentioned by head of delegation, modernization of legal framework and further harmonization with the convention, as we dedicated yesterday, those archaic laws should be definitely harmonized.
Future steps implementation.
They focused on implementation, improve coordination, strengthening inspection organs, strengthening protection of trafficking victims, improve collection data, and ensure permanent consultation of Gambian abroad and strengthen diplomatic measures.
I understand fully the challenges.
I think that many countries from which we are coming, we have the same challenges, particularly limits of resources, and therefore, I encourage them to request for technical support from international organizations, but also from states that are affected by migration not only from Gambians but also from other migrants who are transiting Gambia.
It does not mean that they stop to migrate, but there must be instead to spend money to return them from those states, it is better to invest money in countries of origin to prevent movement and so on.
Definitely, I will stop here and I really I have a good job to have this state and review and to be a rapporteur, and I wish you all the best.
The next cycle will be much better situation and told delegates I wish a safety return to home.
Your Excellency, dear committee members, dear members of the delegation of the Republic of Gambia.
This concludes the consideration of the initial report of the Republic of Gambia.
I'd like to thank rapporteur and the experts for their comments, questions, and of course, for you and your experts for responses provided.
Now I give the floor to you, sir, for your concluding remarks.
Chairperson, distinguished members of the committee.
Cory porters, Excellencies, good afternoon to you all.
As we come to the conclusion of this constructive dialogue with the Esteem committee on the protection of the rights of all migrant workers and members of their families, allow me, on behalf of the delegation of the Gambia, to express our sincere appreciation for the constructive and insightful manner in which this dialogue has been conducted.
This dialogue is particularly important for the government of the Gambia because it makes a key milestone following our ratification of the convention.
We therefore see this process as an important starting point in our structural engagement with the committee.
Mr.
Chairperson, we came before this committee with openness and humility, conscious that migration is part of the daily realities of the Gambia.
As I mentioned in the opening, the effects of migration touches our live in different ways.
Young Gambians seeking opportunities abroad, Gambian migrant workers in destination countries, migrants living and working in our country, families sustained by remittances, returnees rebuilding their lives, and persons exposed to trafficking, smuggling, exploitation, or unsafe migration routes.
Throughout this dialogue, the committee has raised important and precise questions.
We have listened carefully, and we have heard clearly the areas where FOD works is required.
The exchange has sapped our focus on what must now be strengthened, including migration data, institutional coordination, labor inspection, access to remedies, protection of children, safeguards in immigration procedures, and stronger support for Gambians migrant workers at.
We take seriously the committee's questions and observation, and we will ensure that they are brought to the attention of the competent national authorities for careful consideration and follow up.
Mr.
Chairperson, despite our commitment to the Convention and its principles, we recognize that we cannot do this alone.
We therefore reiterate our call for continuous collaboration, cooperation, and support from our developed partners, international organization, civil society, and other stakeholders.
Such support will be important to strengthening migration data system, building the capacity of immigration officers, labor inspectors, counselor services, social workers, prosecutors and judges, improving protection and referral mechanism, supporting returns and reintegration, but also enhancing the implementation of the committee's recommendation.
Mr.
Chairperson, we wish to thank all national institutions that contributed to the preparation of the report and to dialogue.
We also thank the independent bodies, civil society organization that participated in the consultation process.
We wish in particular to express our sincere appreciation to the OCHR Country office for its valuable support to the government in the preparation and development of the report.
We also extend our appreciation to the Commonwealth small states office here in Geneva for supporting the delegation, including the familiarization and orientation provided ahead of the dialogue.
That such support was very helpful to the delegation preparation and engagement with this committee.
Mr.
Chairperson, I wish to reiterate that Governor of Gambia will carefully study the concluding observation once issued and work to ensure that they inform ongoing reforms in migration governance in accordance with the obligation contained in the convention.
I thank you in particular, Mr.
Chairperson, and of course, our distinguished rapporteurs and all distinguished members of the committee that are present here, representative of civil society, and everyone that is on this floor.
I thank you.
Thank you, Excellency.
I of course would like to thank Your Excellency Mr.
Moise Sisi, Minister of Trade, Industry, Regional Integration and employment, Head of delegation of the Republic of Gambia and your experts for this dialogue.
Allow me to make a few remarks because we have little time left, so I think I'll take this opportunity to say a few words to put in context how we will approach the concluding remarks and our engagement with your country, which I find a very interesting country, very important country, although you may consider your small, but you punch above your weight.
Punch about your size.
That's because of your location and the context that you have to handle the migratory process.
And then I get the feeling that, first of all, I thank you for having a delegation, competitive experts and also with gender sensitivity, you have two good experts, lady experts who have made a very good contribution to this dialogue.
That's another positive remark.
I would think that that's something that everyone should emulate so that your delegations are well composed and you have done that too.
Of course, we are living in a global human rights ecosystem.
That remains the foundation for social and economic development.
A lot of even inous countries perhaps a little realized that the foundation for social and economic development is good human rights foundation for people and our effort in this committee is to provide our comments in that context.
It is an effort to work with you with the view to improve the standards for the migrant workers and improve their rights so that that will contribute to the economic and social development of your country and your people.
That is the spirit, how we would evolve our concluding remarks, which will try to make the best observations and recommendations that is suitable for your country.
I have no doubt that you will accept that in spirit with the view to implement to the extent possible if not full implementation.
And we of course look forward for you to keep the reporting cycle regular, which will benefit not only this committee, it will benefit your country and your people and that it will contribute to the social and economic development of your country.
Because of the human rights can improve that aspect.
So Excellency, I enjoyed this conversation and it was a pleasure meeting you and your delegation.
I wish you and those who came from your capital safe journey back.
Thank you and keep in touch with your work and we look forward to receiving your report at the right time.
Thank you, Excellency.
Thank you.
Ladies and gentlemen, we'll meet on Monday morning and the committee will proceed in a closed session as a working group promptly at ten.
The meeting is adjourned.
Okay.