The Gambia must step up prosecutions to boost progress on ending child sexual exploitation, says UN human rights expert
31 October 2019
GENEVA / BANJUL (31 October 2019) – The Gambia should be commended for embarking on a national process of healing and reconciliation, reversing its abusive legacy and bringing perpetrators to account, said UN human rights expert Maud De Boer-Buquicchio, ending a mission to the country.
She said the truth and reconciliation process had created a real momentum and a much-needed space to break through the deeply embedded culture of silence and stigma surrounding the issue of sexual abuse of children, that until recently had largely been regarded as a private family matter.
“However, despite the welcome progress, societal barriers, such as stigma and shame, poverty, lack of awareness or ignorance of laws continue to feed the culture of silence and inhibit the reporting of cases,” she said.
“The rare instances when complaints are lodged with the police are not duly acted upon, the gathering of compelling evidence is delayed, and investigation and prosecution is stalled, resulting in victims or witnesses withdrawing their complaints. Some cases have also reportedly been dismissed on the grounds that statements by child victims were allegedly inconsistent.”
The Special Rapporteur said that despite commendable legislative and significant awareness-raising efforts, she was concerned that no one involved in the sale, sexual abuse or exploitation of children or in human trafficking, was known to have been prosecuted or convicted. There were hardly any prosecutions and sentencing of practitioners and promoters of child marriage and female genital mutilation (FGM), she added.
Child sexual exploitation is believed to be most prevalent in the Gambia’s poorest areas, and in and around the Tourism Development Area but the Special Rapporteur highlighted the need for disaggregated data on the issue.
Although marriage in The Gambia is illegal under the age of 18, customary and “personal laws” permit child marriages before this age. Girls in rural areas are often disproportionately affected by child marriage, the expert noted. Likewise, despite the explicit criminalisation of FGM and campaigns to raise awareness, the practice continues, especially in remote and cross-border areas.
De Boer-Buquicchio raised growing concern over the vulnerability of children on the move, including those living and working on the streets, refugees, asylum seekers, and stateless and undocumented children. She also highlighted instances of forced begging, exploitation, beating and other forms of abuse in religious teaching centres (Koranic schools), denounced by civil society organisations.
She urged better reporting mechanisms, including a free telephone “hotline” operating round the clock, and better resourcing for the police force’s child welfare unit.
“Services for recovery and reintegrating children victims are virtually non-existent in The Gambia,” said de Boer-Buquicchio.
“I urge the Government to invest substantial resources in strengthening frontline protection services and making investigations more meaningful and child friendly. The Gambia has come a long way to put in place impressive laws, policies and child protection structures. Their strict and uncompromising enforcement is key in delivering results and achieving societal changes children deserve.”
During her visit, de Boer-Buquicchio met national and local Government officials, representatives of civil society, development agents, children, and representatives of the tourism industry, including hotel owners, tourist guides and taxi drivers.
The Special Rapporteur will present a comprehensive report at a forthcoming session of the UN Human Rights Council.
Ms Maud de Boer-Buquicchio (Netherlands) was appointed as Special Rapporteur on the sale and sexual exploitation of children by the UN Human Rights Council in May 2014 and her mandate was renewed in March 2017. She served as Deputy Secretary General of the Council of Europe between 2002 and 2012. Ms de Boer-Buquicchio spearheaded the adoption of the Council of Europe Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse. She is the President of the European Federation for Missing and Exploited Children.
The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.