Labour bill amended NAMS Tough on child abuse

Thursday, September 6, 2007

Members of the National Assembly has condemned the upsurge in child labour and street begging. The NAMs also called on the relevant authorities to deal with this situation by implementing the laws stated in the Bill and ensure that the Bill protects both employees and employers.

These comments where made by members on Monday at the beginning of the third Legislative Year session during the amendment of the Labour Bill of 2007.

The bill seeks to incorporate, in the basic national legislation on labour matters in line with the government’s objectives to promote social justice and internationally recognised human and Labour Rights, the International Labour Organisation (ILO) Conventions ratified by The Gambia since its accession to membership of the world body in 1995 such as theConvention 29 on Labour Force, Convention 87 on Freedom of Association and Protection of the Right to organise, Convention 98 on the right to organise and collective bargaining, Convention 100 on equal renumeration, Convention 105 on the abolition of forced labour, Convention 111 on  discrimination in employment and occupation, Convention 138 on minimum age, and Convention 182 on the elimination of the worst forms of child labour.

The bill provides for the administration of labour, recruitment and bringing of labour, protection of wages, and the registration of trade unions and employer organisations and matters connected therewith.

Presenting the bill before members, Abdou Colley, Secretary of State for Trade, Industry and Employment said the Labour Bill of 2007 also ensures that the regulatory framework for labour matters is aligned to developments in both the domestic and international labour markets in the quest to maintain a healthy working environment conducive to fair labour relations.

“Thus, this bill having undergone the tripartite consultative process, aims at updating the Labour Act, 1990 for the good of both workers and employers. The review was conducted with the technical assistance of the International Labour  Organisation,” he said.

He further noted that, the Labour Bill of 2007 in updating the Labour Act of 1990 also makes provision for the Port Labour Board Rules which constitutes the second schedule of the Labour Act 1990, which has been removed from the Labour Bill of  2007.

He added that, the existing Labour Act as amended by the Labour Amendment Act 2004, was therefore revisited in its application to the dock labour scheme and consequently, the Bill contains provisions which are intended to update and are in harmony with the operations of The Gambia Ports Authority to enhance the competitive potentials of the authority.

“It also makes provisions for the establishment of industrial tribunals, one in Banjul and in such other Local Government Areas which the Chief Justice may determine. These courts can adjudicate all individuals claims arising under any contract of employment. Already, one industrial tribunal has been set up in Banjul and another one in the Kanifing Municipal Area.

It also provides a new chapter on miscellaneous issues that willaddress the problem of discrimination on the basis of HIV/AIDS perceived or known status. Given the prevalence of the people living with HIV/AIDs among the labour force in The Gambia, this provision will guarantee the rights of affected people and fight against discrimination and stigma.

It further provides for the inclusion of a chapter on the employment of children in an effort to domesticate the ILO Convention on the elimination of the Worst Forms of Child Labour. Also, in recent years, there has been a global outcry against child labour, which The Gambia cannot afford to ignore,” he highlighted.

SoS Colley then pointed out that, the review of the Labour Act of 1990 is timely as The Gambia is cognisant of the fact that. employment is fundamental to the fight against poverty  and social exclusion.

He added that the pursuit of decent work should go beyond narrow economic calculations and rights. Economic benefits are complementary and not incompatible or imposing trade-offs. “The bill therefore, will bring labour relations in The Gambia in line with international accepted standards, and ensure that, both workers and employers are protected from any unfair practices” he concluded,

Supporting the bill, Hon. Adama Cham, National Assembly member for Kombo North, commended the Secretary of State and his team of experts for preparing such a timely bill. According to him, the bill promotes social justice in a bid to maintain a healthy environment. He added that, the Bill further protects both employers and employees and also goes to the extend of providing safety measures that will enhance productivity. He then called for collective responsibility to realise the objectives of the Bill.

Hon. Haddy Nyang Jagne, NAM for Jeshwang, condemned the act of children begging and urged the authorities concerned to look at the matter as children are suffering.

Fabakary Tombong Jatta, Majority Leader and member for Serrekunda West commended the government for always demonstrating and trying to go in line with internationally accepted standards in all aspects. He then noted that, the need for the Bill cannot be over-emphasised and further complained of inadequate of documentation between certain employers and employees and illegal terminations. This Bill, he added, will greatly protect both employees and employers.

Momodou Sanneh, Minority Leader and member for Kiang West, Abba Sanyang of Foni Kansala and Seedy Njie, nominated member all expressed similar sentiments and lauded the government for coming-up with such a timely Bill.

Author: Written by Alhagie Jobe
Source: The Daily Observer Newspaper