A/HRC/28/68/Add.4
Violence Act and the Sexual Offences Act were enacted in December 2013. However,
female genital mutilation has yet to be prohibited and is still practised in the country,
particularly in rural areas. The Government has undertaken a public campaign on female
genital mutilation, but the message may not be uniform regarding the need to abolish the
practice. A proposed bill on the prohibition of female genital mutilation would criminalize
the practice. It should be a priority for the National Assembly.
Violence against lesbian, gay, bisexual, transgender and intersex persons
93.
In an overall context of State-sponsored violence against lesbian, gay, bisexual,
transgender and intersex persons, the Special Rapporteur is concerned that an amendment
to the Criminal Code, signed into law by the President on 9 October 2014, on “aggravated
homosexuality” subjects such persons to even greater risk of torture and ill-treatment. The
Special Rapporteur received reports that the National Intelligence Agency had sought to
arrest and detain individuals believed to be homosexual, including after group round-ups of
up to 16 persons, who were subjected to violent attacks, humiliation and arbitrary arrest.29
At least three individuals have been detained for weeks during “investigations” and are
reported to have been tortured.
Threats against journalists and human rights defenders
94.
On the basis of meetings and interviews with representatives of civil society, the
Special Rapporteur found that there was a State practice of intimidation and serious threats,
including death threats, to the physical integrity of journalists and human rights defenders
that amounted to cruel, inhuman or degrading treatment or even torture.
Irregular migrants and refugees
95.
The Special Rapporteur met with several refugee leaders from Côte d’Ivoire, Liberia
and Togo who had been beaten during interrogation at an unofficial detention facility, then
arrested and sent to Mile 2 Central Prison for writing a letter to the President about the
neglect and deplorable conditions suffered by refugees in the Gambia.30
Individuals vulnerable to reprisals
96.
The Special Rapporteur observed an atmosphere of apprehension and even genuine
fear among many victims, witnesses and interlocutors, who said that meeting with him
could result in intimidation or more serious consequences. The Special Rapporteur sought
and received from the Government “assurances that no persons, official or private
individuals who have been in contact with the Special Rapporteur … in relation to the
mandate will for this reason suffer threats, harassment or punishment or be subjected to
judicial proceedings”.31 After the visit, the Special Rapporteur received information that
some individuals who were no longer living in the Gambia were reportedly being tracked
down by government authorities. It was difficult to verify this information, but the Special
Rapporteur received information from Senegal concerning one such case that he considered
credible.
29
30
31
Press statement by the Office of the United Nations High Commissioner for Human Rights, 20
November 2014. Available from
www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/91C731B27611821EC1257D960
0438CDB?OpenDocument.
Letter to the President from the Gambia Refugees Community Leadership, 29 April 2011.
E/CN.4/1998/45, annex, appendix V, subpara. (c).
17
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