THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS &
INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
ARTICLE 21: RIGHT TO FREE DISPOSAL OF WEALTH AND NATURAL RESOURCES
Section 22 of the Constitution provides that every person has a right to own property either individually or in
association with others and that no person shall be compulsorily deprived of property or any interest in or
right over property of any description.
Section 23 provides that no person shall be subjected to interference with the privacy of that person`s
home, correspondence, communication or other property. However, these rights are subject to the right of
Government to acquire land/property for public or security interest after providing adequate compensation
and other considerations.
Furthermore, the entire property in and control of all minerals and petroleum in and on or under any land or
waters in The Gambia is vested in the State on behalf of the people of The Gambia.
Petroleum resources are administered by the Ministry of Petroleum, with the Minister responsible for
approval of licenses to befitting oil companies. The Petroleum Exploration and Production Act, regulates
the activities of the operation through the petroleum value chain, from the pre- award to the post-award
stage.
Through the enactment of the Local Context Act, GIEPA (Gambia Import Export Promotion Agency) is
currently working on a local content framework to address the issues of local involvement. Some of the
mandates of the Local Context Act would be to regulate employment of Gambian nationals in the petroleum
investment, exploration and production, to have a quota for domestic refining and consumption etc.
The Fisheries Act regulates the type and method of fishing and other activities. It also ensures that there
are regulations in place that requires no license to be issued in respect of a foreign vessel unless that
foreign fishing vessel is listed in good standing on a regional register of foreign fishing vessels.
In regards to the licensing of foreign fishing vessels, there is a requirement that a local agent is appointed
to act on behalf of the owner of that vessel and is also able to accept legal responsibility on behalf of the
owner, for any action, juridical or otherwise, taken in respect of that foreign vessel.
The Fisheries Act also gives the Minister responsible for fisheries the mandate to establish community
fisheries centers for the purpose of community-based fisheries management. The Minister in establishing a
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