CCPR/C/GMB/CO/2

Gambia (CCPR 30-08-2018)

In the absence of a report by the State party, the Committee considered the situation of civil and political rights under the Covenant in the Gambia at its 3496th and 3497th meetings (CCPR/C/SR.3496 and 3497), held in a public session on 5 and 6 July 2018. In accordance with rule 70, paragraph 1, of the Committee’s rules of procedure, the failure of a State party to submit its report under article 40 of the Covenant may lead to an examination in a public session of the measures taken by the State party to give effect to the rights recognized in the Covenant and to adopt concluding observations.
2. At its 3516th meeting, held on 19 July 2018, the Committee adopted the following
concluding observations.

Concluding observations

C. Principal matters of concern and recommendations

Non-discrimination

11. The Committee is concerned at the absence of comprehensive anti-discrimination legislation in the State party. It is also concerned that consensual same-sex relationships are criminalized in the State party and that lesbian, gay, bisexual, transgender and intersex persons reportedly continue to be subject to arbitrary arrest and violence (arts. 2, 9, 17 and 26).
12. The State party should adopt anti-discrimination legislation which (a) provides full and effective protection against discrimination in all spheres, including the private sphere, and prohibits direct, indirect and multiple discrimination; (b) contains a comprehensive list of grounds for discrimination in line with the Covenant, including sexual orientation and gender identity; and (c) provides for access to effective and appropriate remedies for victims of discrimination. It should also decriminalize same-sex relationships between consenting adults and take measures to change societal perception of lesbian, gay, bisexual, transgender and intersex persons and protect them from arbitrary arrests and violence.