By Binta Jaiteh
The National Human Rights Commission (NHRC) on Friday engaged the National Assembly Select Committee on Human Rights and Constitutional Matters on how to Enhance Access to Justice for Migrants.
This activity is meant to enhance their understanding on issues affecting migrants, misconceptions around migration and migrants, and The Gambia’s obligations to protect migrants, especially the domestication of the ICRMW to enhance further protection of migrants in the country.
It was also meant to provide the Committee and the Commission the opportunity to identify ways to strengthen the protective environment for migrants and enhance the implementation of the Global Compact on Migration.
Speaking at the opening of the engagement, Emmanuel Joof, Chairperson of NHRC disclosed that while the laws of The Gambia remain committed to upholding the human rights of all individuals within its jurisdiction, many migrants and their families face serious challenges in the enjoyment of their human rights and freedoms, including access to justice.
“Your role as legislators is crucial in ensuring the implementation and protection of the rights of migrants and their families which are protected in international and regional instruments. It is also important that we interrogate our national legal framework and look at the raps to Strengthen and align them with international and regional treaties and conventions we have ratified”, he explained.
He added that the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families which entered into force in 2003. This convention, which The Gambia ratified in September 2018, serves as a comprehensive framework aimed at safeguarding the human rights of migrant workers, irrespective of their legal status. It also emphasizes the need to protect migrants from exploitation, discrimination, and abuse, ensuring they have access to justice and fair treatment.
Furthermore, The Global Compact for Safe, Orderly, and Regular Migration (GCM) which is an international agreement aimed at improving the management of migration comprehensively and cooperatively adopted in December 2018 by a majority of United Nations member states (although not legally binding), serves as a framework for cooperation that guides countries in managing migration in ways that benefit both migrants and their host communities.
He added that GCM provides a detailed roadmap for improving migration management at all levels. It emphasizes the need for promoting inclusive and cohesive societies, ensuring the protection of migrant workers’ rights, and fostering safe and dignified migration experiences.
The Chairperson of the National Assembly Committee on Human Rights, Hon. Madi Ceesay reiterated that protection of migrants is of utmost importance.
“We have migrants in the Gambia and also we have a lot of migrants outside”, he noted.
“If we do good to the migrants inside our country then our migrants in other countries will enjoy the same gesture and protection”, he argued.
Hon. Madi emphasized that access to justice is a fundamental human right regardless of one nationality and movement.
“We gather at a pivotal moment in our efforts to uphold the rights of migrants in The Gambia. As highlighted in the Global Compact for Safe, Orderly, and Regular Migration, we have a shared responsibility to protect the rights of all individuals, particularly those who are most vulnerable”, he acknowledged
United Nations Representative, Lina Reguigui described Gambia’s unique geographical position as a departure and transit country that places many migrants at risk of exploitation and discrimination.
She, therefore, noted that the training was vital as they confront the pressing challenges faced by migrants, especially the youth, who often resort to irregular migration in search of better opportunities.
She noted that the members at the forum will be equipped with the knowledge and tools necessary to ensure that migrants can access justice and protection. The discourse at the forum was on understanding migrants’ rights, enhancing institutional capacity, and developing effective responses to issues such as trafficking and smuggling.
However, the workshop was not just about building skills and it’s a call to action and an opportunity for all of us—lawmakers, officials, and advocates—to collaborate and foster a more just and equitable environment for migrants.
