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
The National Environment Agency (NEA) has been established for the purpose of ensuring that the
environment is protected from degradation and undue exploitation. The NEA seeks
to ensure an
environmentally sustainable economic and social development in The Gambia and itis empowered to
initiate prosecutions for environment degradation or pollution. The NEA also enforces the hazardous
chemical and pesticides control and management Act, which ensures that all pesticides and hazardous
chemicals are registered and license issued to dealers.
The NEA has so far made great strides in the enforcement of its laws relating to proper waste
management, public sensitization for environmental protection from degradation and pollution, encouraging
the communities to engage in afforestation, and other activities for safeguarding the environment.
5.6. Right to sustainable development, including the right to property; access to land and credit
(Article 19)
The land tenure system in The Gambia consists of freeholds, mostly in Banjul and environs, deriving title
from grants made in colonial times, leaseholds for ninety-nine years, and customary tenure in the five
Regions comprising lands held by families and communities on a family communal basis. Lands under
customary tenure can only be acquired from the families or communities involved, with the stamp of
approval/confirmation of ownership by the village heads, alkalolus and the chiefs.
The laws of The Gambia provide for the compulsory acquisition of land for public interest, subject to the
payment of reasonable compensation.
The inheritance rights of a woman are determined by her personal law. Sharia Law is applicable to
Muslims, statutory law for Christians and customary law for persons who are traditionalist. This means that
apart from a few mandatory exceptions contained in laws such as the Women’s Act, 2010 and the
Children’s Act, 2005, the applicable family law to the people of The Gambia is dependent on one’s personal
law.20
The Women’s Act contains several provisions relate to ownership of land, namely:
20
See sec 7 of the Constitution.
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