How has The Gambia progressed in recognising CDWD rights: UPR Fact sheets

The Gambia continues to grapple with deeply rooted caste and descent-based discrimination (DWD), a pervasive issue affecting marginalized communities across the country. Despite national and international commitments to eradicate such discrimination, systemic inequalities persist, particularly in education, gender equality, political representation, and protection from violence.

Communities identified as “slave castes” face widespread stigma and exclusion-especially at the hands of the dominant caste “Nobles”. These groups, relegated to the bottom of the social hierarchy, often endure discrimination in schools, workplaces, and even places of worship. Their marginalization is exacerbated by entrenched traditions that view them as “polluted,” a label that has far-reaching implications for their social and economic mobility.

Right to Education in The Gambia

During the Universal Periodic Review Working Group's 34th session in November 2019, The Gambia received 12 recommendations focusing on the right to education, which were supported by the government. These recommendations, made by countries including Mexico, the Philippines, and Pakistan, emphasized ensuring quality education through improved resources, while Mauritius, Congo, and Ukraine called for enhanced access to education for girls, children in rural areas, and those with disabilities. However, none of the recommendations addressed the specific discrimination faced by so-called “slave” castes or descent-based communities. 

The government reported progress, such as constructing schools within a 2-kilometer proximity, increased enrolment rates between 2010 and 2018, and public campaigns encouraging girls' education. Despite these efforts, fundamental challenges persist, with only 13% of children achieving basic reading proficiency and just 4% meeting numeracy standards, according to UNICEF's 2024 Gambia Education Country Brief.

Children from descent-based communities face systemic discrimination that significantly undermines their educational access and outcomes. Often referred to as “low caste” or “polluted,” these communities are forced to live in rural or fringe areas with poor infrastructure, limited schooling options, and no access to Arabic schools attended by dominant caste groups (Horos). 

Gender-Based Violence and Inequality in The Gambia

In the previous UPR cycle, The Gambia received 21 recommendations on women's rights, focusing on discrimination, political participation, and violence. While 19 recommendations were supported, including those on promoting women's representation and addressing GBV, none specifically addressed the intersectional discrimination faced by women from caste and descent-based communities (CDWD). These women continue to suffer disproportionately from gender and caste-based violence, wage inequality, trafficking, and systemic exclusion.

Since the last review, The Gambia has made progress, including establishing the Ministry of Women, Children, and Social Welfare in 2019 and advancing the National Policy for the Advancement of Gambian Women (2010-2020). Efforts such as the ban on FGM and sensitization programs highlight positive steps, but they fall short in addressing the unique challenges faced by CDWD women.

In 2022, CEDAW urged The Gambia to act on findings from the NHRC study on caste-based discrimination and amend legislation to explicitly prohibit such practices. However, significant gaps remain, underscoring the need for targeted measures to protect CDWD women from compounded inequalities.

Political and Social Exclusion

Political representation remains a distant goal for many members of CDWD in The Gambia. Despite constitutional guarantees of equality and non-discrimination, systemic barriers continue to hinder their full participation in civil and political life. Dominant castes monopolize leadership roles, including the position of Alkalo (village head), which remains inaccessible to marginalized groups. This structural inequality is reinforced by social norms and discriminatory practices that prevent CDWD community members from contesting elections, assuming leadership roles, or participating meaningfully in governance.

In many cases, even when CDWD individuals attempt to assert their political rights, they face intimidation, ostracization, or threats from dominant groups. 

Calls for Reform

The lack of legal protections specific to caste and descent-based discrimination is a glaring gap in The Gambia's legislative framework. While the 1997 Constitution guarantees equality before the law, it does not explicitly prohibit caste-based discrimination. Similarly, existing anti-trafficking and gender protection laws fail to address the unique needs of marginalized communities.

Main recommendations

To address these issues, experts and human rights advocates have proposed several actionable recommendations:

• Provide progress updates on implementing recommendations from the National Human Rights Commission's study on caste-based discrimination.
• Increase investment in school infrastructure and resources to ensure inclusive education for all, particularly for marginalized communities.
• Conduct national awareness campaigns to promote respect and non-discrimination.
• Amend existing laws, such as the Domestic Violence Act and Sexual Offences Act, to explicitly prohibit caste and descent-based discrimination.
• Guarantee equal representation for members of descent-based communities in governance and decision-making.

A Path Forward

The challenges posed by caste and descent-based discrimination in The Gambia are immense, but they are not insurmountable. By adopting comprehensive reforms, fostering inclusivity, and amplifying marginalized voices, the country has the opportunity to move toward a more equitable future where all citizens enjoy their fundamental rights. The global community and local activists continue to call on The Gambia to turn promises into action and eliminate the scourge of CDWD once and for all.

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