C. Principal subjects of concern and recommendations

Non-discrimination

12. The Committee expresses its concern about the absence of an anti-discrimination law which encompasses all grounds of discrimination prohibited under the Covenant. The Committee is also concerned at the criminalization of homosexuality in the State party’s Criminal Code, as well as about reports of arbitrary arrest and detention of individuals perceived to be homosexual (art. 2, para. 2).

The Committee recommends that the State party adopt comprehensive anti- discrimination legislation in line with article 2, paragraph 2, of the Covenant, taking into account the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights. It also recommends that the State party repeal or amend all legislation that results or could result in discrimination, prosecution and punishment of people because of their sexual orientation or gender identity. The Committee further recommends that the State party take all the necessary steps to combat and prevent discrimination against lesbian, gay, bisexual and transgender persons, and ensure their enjoyment of all the rights enshrined in the Covenant.

Link to full text of the report: Concluding Observations-CESCR-Gambia-2015-eng