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 community fisheries centre takes into account the concerns of communities living within the immediate environs of the area to be declared as a Special Management Area. When it comes to the granting of mining licenses, the Minister responsible for the administration of the Mines and Quarries Act may refuse to grant a license if he or she is satisfied that it is in the public interest that no more licenses of that type should be on force in at that time. The Minister may also impose conditions to protect the environment of The Gambia and to protect the lawful interests of any other person who has a mineral right. The Mines and Quarries Act has restrictions with regards to persons to whom mining permits may be granted. Permits are only granted to individuals who have a permanent residence in The Gambia, partnerships composed exclusively of individuals who have permanent residence status in The Gambia, bodies incorporated in The Gambia or a combination of both individuals with permanent residence status in The Gambia and a body corporate incorporated in The Gambia. If a mining permit is granted, the Minister responsible for the administration of the Mines and Quarries Act, may impose conditions to protect the State’s mineral interests, to protect the environment of The Gambia, to ensure the safety of the operations authorized by the permit, and to protect the lawful interests of any other person who has a mineral right. A prospecting permit which gives its holder the right to prospect in the area specified in the permit for the minerals specified in the permit, does not give the holder an exclusive right to prospect in that area or for that mineral. It also does not give the holder the right to prospect for a mineral in an area where the holder of a mineral right has an exclusive right to prospect for, or mine or quarry that mineral. If during the course of mining, prospecting or quarrying operations, the rights of the owner or lawful occupier of land are disturbed or crops, trees, building, works belonging to the occupier of land are damaged, the holder of the mineral right by virtue of which operations were carried out shall pay the lawful occupier fair and reasonable compensation in respect of the disturbance or damage. In instances where the amount of the compensation to be paid is disputed, the matter may be referred to the Chief Geologist who shall deal with the matter in accordance with the Mines and Quarries Act. In June 2018, following the grant of a sand mining licence to a local operator, the community of Faraba were of the view that the license to mine sand given to a contractor, was in violation of their right to land. In 109