By: Juliana Twumwaa Obeng

The Writer

A Business and A Company: Are they the same?

The terms “business” and “company” are often used interchangeably. However, they do have different legal meanings and implications. In this article, we will explore the differences between a business and a company, and how these concepts apply to the context of The Gambia.

A business can be defined as an organization or individual engaged in commercial, industrial, or professional activities. This can include sole proprietorships, partnerships, or corporations. In general, a business is any entity that seeks to earn a profit by providing goods or services to consumers.

On the other hand, a company is a legal entity that is separate and distinct from its owners. It can be created by filing the necessary paperwork with the appropriate government agency, such as the Companies House in The Gambia. A company can issue stock, own property, enter into contracts, and sue or be sued in its own name. A company can also be either for-profit or non-profit.

Legal Framework

In The Gambia, companies are governed by the Companies Act of 2013. This law provides for the formation, management, and dissolution of companies, and outlines the duties and responsibilities of company directors and shareholders. There are several types of companies recognized under Gambian law, including private companies, public companies, and limited liability companies.

A private company is one that is owned by a small group of individuals, and whose shares are not publicly traded. A public company, on the other hand, is one whose shares are publicly traded on a stock exchange. A limited liability company, or LLC, is a hybrid form of company that combines the benefits of a partnership with the limited liability protection of a corporation. It is worth noting that while all companies are businesses, not all businesses are companies. For example, a sole proprietorship is a type of business that is owned and operated by a single individual and is not a separate legal entity from its owner.

One important distinction between a business and a company is that a company has limited liability protection for its owners or shareholders. This means that the personal assets of the owners or shareholders are protected in the event that the company is sued or goes bankrupt. In contrast, sole proprietors and partners in a partnership are personally liable for any debts or legal actions taken against the business.

In The Gambia, limited liability companies is a popular form of business structure for entrepreneurs and investors. This is because they provide the benefits of limited liability protection, while also offering flexibility in management and taxation. A limited liability company can be owned by one or more individuals or entities, and the liability of the owners is limited to the amount of their investment in the company.

Another important consideration for businesses operating in The Gambia is the regulatory environment. The Gambia has a relatively business-friendly regulatory framework, with a relatively low tax rate, streamlined registration procedures, and a favourable investment climate. However, like any country, there are unique legal and regulatory requirements that businesses must comply with, such as obtaining business licenses and registering with the appropriate government agencies.

In terms of industries, The Gambia has a diverse economy that includes agriculture, tourism, manufacturing, and services. The government has identified several priority sectors for development, including energy, infrastructure, and information and communication technology.

Parting Words

While there are legal and regulatory distinctions between a business and a company, both concepts are important for entrepreneurs and investors looking to establish a presence in The Gambia or other jurisdictions around the world. Understanding the unique opportunities and challenges of the Gambian business environment can help businesses navigate the regulatory landscape and build successful enterprises.

The writer is a BL candidate at the Gambia Law School. She is driven by her affinity to the legal profession and relies on Precedents and Acts of the National Assembly to educate the public on bits and pieces of the application of the Laws of the Gambia and the Ethics of the legal profession. These write-ups are for educational purposes only and not to serve as a substitute for Legal Advice. Email: [email protected] 

 REFERENCES:

1. The Companies Act, 2013. (n.d.).https://www.attorneygeneral.gov.gm/wp-content/uploads/2016/09/The-Companies-Act-2013.pdf
2. Gaye, A. (2020). Small Business Opportunities in The Gambia: Challenges and Prospects. International Journal of Business and Management, 15(10), 181-190.
3. The Gambia Chamber of Commerce and Industry. (n.d.). Retrieved from https://www.gambcci.gm/
4. United Nations Development Programme. (2021). The Gambia: Country Profile. Retrieved from http://hdr.undp.org/en/countries/profiles/GMB
5. World Bank Group. (2021). The Gambia. https://www.worldbank.org/en/country/gambia
6. Njie, L. (2021, January 18). Business Regulations in The Gambia: What Investors Should Know. African Exponent. Retrieved from https://www.africanexponent.com/post/8335-business-regulations-in-the-gambia-what-investors-should-know

                           Letter to the Editor

A National Call for Legislation on Traditional Medicine in the Gambia

                             Prof. Raphael Nyarkotey Obu

I write to bring to your attention the need to call on the government of the Republic of the Gambia to fast-track legislation to regulate the practice of traditional, complementary, and alternative medicine.  The call is necessary as the Gambia is an opportunity hub for the development of natural medicines.

The Gambia is blessed with diverse natural therapies which could support the economy, yet untapped.

Besides, when one walks through the principal street of the Gambia, one would see traditional healers unregulated providing services people patronize. Yet, no law proscribes the practice of traditional medicines. So why then leave them to endanger the public?

As a Professor of Naturopathy and a current Barrister –at- Law candidate at the Gambia Law School, with an interest in African Naturopathy, I recently petitioned the Minister of Health to legislate traditional medicine in the Gambia [1].

Besides, Section 4[2] of the Constitution of the Republic of the Gambia asserts that this constitution is the supreme law of the Gambia any other law found to be inconsistent with any provision of this constitution shall, to the extent of the consistency, be void. Section 5 provides the roadmap for the enforcement of the Constitution.

Section 7 [2] further highlights the laws of the Gambia, and 7(d) embraces the common law and principles of equity. Section 7(e) further emphasizes customary law as part of the laws of the Gambia. The customary law so far is concerned with members of the communities to which it applies.  In this regard, the customs of the people in the communities also include the practice of traditional medicine. Hence, the practice of traditional medicine is a constitutional right.

It is further enhanced in Section 31 [2] of the Constitution of the right of culture promotion. It states that every person shall be entitled to enjoy, practice, profess, maintain, and promote any culture, language, tradition, or religion subject to the terms of this constitution and to the condition that the rights protected by this section do not impinge on the rights and freedoms of others or the national interest, especially unity.

Hence, the practice of traditional medicine is a way of life for the people of Gambia; it is part of their culture. Besides, the constitution emphasized that no punishment is without law.

Section 211 [2] also deals with the principles of State Policy and forms part of the public policy of the Gambia for the establishment of a just, free, and democratic State. Though it is stated that the directives shall not confer legal rights or be enforceable in any court but (a) subject to the limits of the economic capacity and development of the Gambia, the Executive, the Legislature, and all other organs of the State in taking policy directions, making laws and in the administration of the Gambia, shall according to their respective functions be guided and observe them a view to achieving by legislation or otherwise the full realization of these principles; and (b) the courts are entitled to have regard to these principles in interpreting any laws based on them.

It is worrying that the national policy on traditional medicine drafted in 2008 to develop and use traditional medicine to complement conventional medicine in the Gambia through harnessing all available resources, legislation, research, and promotion was left to sit on the shelves.

The Gambia National Policy on Traditional Medicine

A National programme [3] was established in 2001 under the Department of State for Health to see to the affairs of traditional medicine in the country. In 2002, a national technical working group was formed to guide the development of the programme. No national research, tertiary, or professional school exists for the study of herbal medicine or complementary therapies. Improper and over-harvesting of medicinal plants is endangering various plant species.

The national policy programme proposed the establishment of the National Council on Traditional Medicine to provide guidance and mobilize the required financial resources for the development of traditional medicine in The Gambia. No action has been taken on this policy and has become a white elephant.

Can custom be justified in law?

Section 2[4] of the Interpretation section of the Evidence Act 1994 of the Gambia defines customs as a rule which, in a particular area, has from long usage, obtained the force of law.

Section 13 [4] further emphasizes the admissibility of customs as evidence in a Court of competent jurisdiction in the Gambia. It states that a custom may be adopted as part of the law governing a particular set of circumstances if it can be proved to exist by evidence. Hence,

 Party alleging has burden of proof of custom, prove by testimony of persons who regard custom as binding on them, may be judicially noticed, not enforced if contrary to public policy, natural justice, equity, and good conscience.

In this regard can traditional medicine practice be regarded as admissible in evidence? Yes, the practice of traditional medicine is a clear case of res ipsa loguitor (It speaks for itself). This is because even the unlettered woman in the Serrukunda market could prove that traditional medicine is part of the customs of the people of the Gambia.

The Law of Evidence [5] in the Gambia (2022), a Handout used in teaching Barrister Law students in the Gambia, based on Hassan Jallow’s ‘The Law of Evidence’ explained that where the issue is whether a particular custom exists or not, any fact which helps to establish the existence or otherwise of the custom is relevant and admissible. The custom may be an ordinary or business practice or it may be one of customary law. Whatever it is, it has to be proved by the person who is claiming its existence as held in Maurel Freres SA v. Alieu Nying and Others 1 GR 44[6].

Secondly, those who testify as to its existence must be persons who would know of it by virtue of their association with the business practice or with the custom or tradition.

Once a custom has been proved to exist to the satisfaction of the court, the court may take judicial notice of it and therefore dispense with proof of it in subsequent cases. Thus, the burden would now shift to those who assert that the custom has changed for them to prove the change.

In this regard, it will be very difficult for anyone to say that traditional medicine has no place in the customs of the people of the Gambia. The existence of the National Traditional Healers Association of The Gambia (TRAHASS) [7] demonstrates that traditional medicine is recognized by the laws of the Gambia and is therefore part of the customs of the people.

Besides, the Companies Act, 2013, Section 16 [8] prohibits and restricts names that have national interest from registration if it has nothing to do with the government interest. Hence, the registration and acceptance of the name National Traditional Healers Association of The Gambia (TRAHASS) is prima facie evidence that traditional medicine has been accepted as part of the customary laws of the Gambia, and the association enjoys the patronage of the Government of the Gambia or any Department of Government.

Also, Section 59 [4] emphasizes that in deciding questions of custom the opinions of area Seyfolu or other persons having special knowledge of custom in any particular area and any book or manuscript recognized by the people in that area as a legal authority are relevant.

Section 62 (1) [4] asserts that when the court has to form an opinion as to the existence of a general custom or right, the opinions, as to the existence of the custom or right, of persons who would be likely to know of its existence if it existed are relevant.

Section 62(2) [4] further cements what constitutes “general custom or right” and explained that it includes customs or rights common to a considerable class of persons.

Besides, in evidence, there are certain matters of which by law the courts are obliged or bound to take judicial notice to accept them as established without any proof. For instance, section 74 [4]   lays the foundation for such matters including the identity of Heads of Departments at any particular time and many others. They need not be proved by evidence but merely by the production of the relevant document. In this case, there is the existence of the National Department for Traditional Medicine under the Ministry of Health with a history of past Departmental Heads, and this is a prima facie of traditional medicine recognition in the Gambia.

In this regard the court will take judicial notice of all facts which, according to the inevitable course of nature, must have occurred; of customs and practices and rules of customary law once they have been proven as facts.

Additionally, the court also takes judicial notice of science and technology and the general level of human knowledge as it expands. The practice of traditional medicine is well established beyond dispute. Hence, it will be difficult for anyone to say it does not exist as the history of traditional medicine can be traced to the Health Ministry with international donors’ support.   I, therefore, call for national legislation to regulate the practice of traditional and alternative medicine in the Gambia.

 Conflict of Interest

The author has an association with the National Traditional Healers Association of The Gambia (TRAHASS).

About the Author

Prof. Raphael Nyarkotey Obu is a full professor of Naturopathic Healthcare. BL candidate at the Gambia Law School, Banjul, The Gambia.

References

1. Gambia Law School Student Petition Health Minister On Traditional Medicine Legislation(2023) https://www.voicegambia.com/2023/01/26/gambia-law-school-student-petition-health-minister-on-traditional-medicine-legislation/
2. The Constitution of the Republic of the Gambia, 1997
3. Traditional Medicine Policy Final Draft(2008). Department of State for Health and Social Welfare document
4. The Evidence Act 1994
5. The Law of Evidence in the Gambia(2022), a Handout used in teaching Barrister at Law students in the Gambia, based on Hassan Jallow’s ‘The Law of Evidence.’
6. Maurel Freres SA v. Alieu Nying and Others 1 GR 44.
7. The Companies Act, 2013
8. Traditional Healers In The Gambia Confers With Prof. Nyarkotey(2023). https://www.voicegambia.com/2023/01/16/traditional-healers-in-the-gambia-confers-with-prof-nyarkotey/

                               By News desk

BAR student at Gambia Law School Pushes for Traditional Medicine Legislation

          Professor Raphael Nyarkotey Obu

Despite the tedious nature of the Bar Professional Course at the Law School, Professor Raphael Nyarkotey Obu, a Ghanaian Professor of Naturopathic Healthcare, and current Bar student at the Gambia Law School, Banjul, has proven that he is a scholar, an advocate, and a change maker by publishing an important legal commentary titled “The Need for Traditional, Complementary, and Alternative Medicine Legislation in the Gambia” in the Asian Journal of Language, Literature and Culture Studies. Additional four legal commentaries on traditional and alternative medicines have also been accepted for publication as a Bar student.

He has been working with the traditional healers in the Gambia to help change the negative image in their industry. This is unprecedented in the Bar professional course to see a student supporting a social course in the Gambia. Prof. Nyarkotey, who is also the president, Nyarkotey University College of Holistic Medicine in Ghana, has granted scholarship opportunities to 10 Gambian Traditional healers who are members of the National Traditional Healers Association of The Gambia (TRAHASS). The scholarship package worth 10,000 dollars will help the practitioners to pursue their academic program in Naturopathic Medicine at his established naturopathic medical school in Ghana.  The Professor also plans to provide scholarships to young ones interested in pursuing Higher National Diploma (HND) and bachelor’s degree programs in Naturopathic Medicine in Ghana.

The Nyarkotey University College of Holistic Medicine and Technology is Ghana’s first Naturopathic and Holistic Medicine College, registered under the Commission for Technical and Vocational Education and Training (CTVET), Ghana, and recognized by the Traditional Medicine Practice Council, Ministry of Health, Ghana.  The college is also an educational Member of the World Naturopathic Federation, (WNF), Canada. The College’s Naturopathic programs meet the WNF and World Health Organization (WHO), benchmarked for Naturopathic Medical Education.

The College is currently the only institution in Africa to develop the first-ever National Occupational Standard in Naturopathy and Holistic Medicine at the Higher National Diploma (HND) and bachelor’s level under the Commission for Technical and Vocational Education and Training (CTVET).

Risk of unregulated Profession

Professor Nyarkotey explained that in countries where regulation exists, the risk of traditional practices has been reported in the media space. What would therefore be the case for countries without legislation and regulation?  He quoted studies that justified that babies of women delivered in an “unorthodox health centre” had a significantly higher incidence of birth asphyxia than babies born in a hospital.

He also bemoans that traditional healers’ refusal to refer cases to mainstream facilities to seek standard medical treatment leads to a disaster. Based on several studies attesting to the fact that unregulated professions pose a public health risk, Prof. Nyarkotey emphasized that the government of The Gambia should take interest in regulating traditional and complementary medicine practitioners. This is to prevent harm. Besides, this is grounded on the doctrine of natural medicine; do no harm. Moreover, it is the duty of the Gambia government to protect the well-being of the citizenry regardless of whether the citizenry is subjectively content with the treatment that they are receiving.

He cited that countries such as China and India are benefiting from traditional therapies due to effective regulation.  Ghana has over 55 government Hospitals with herbal medicine departments with trained Medical Phythotherapists. The economy of Ghana and the healthcare space is benefitting from effective regulation of traditional and complementary therapies.

Also, in the present situation in the Gambia, without statutory provisions for practitioners, establishing standards may be difficult. For instance, some commentators held the view that self-regulation is meant for personal interest and not for the public good and that organizations that engaged in self-regulation have a challenge in enforcement.

Hence, when government regulates, it is to further the public good. He explained how government regulations have impacted the standards in mainstream medical practice. We have seen the relevance of regulation in countries with traditional medical practice.  They have national licensing standards, educational requirements and standards in the practice. Licensing of practitioners provides public confidence in any profession.

The Business of Traditional Medicine

Prof. Nyarkotey also held that many opportunities are associated with legislative regulation. For instance, the global market for traditional therapies stood at more than US$ 60 billion in 2000(WHO,2022), and is steadily growing.

The Gambia is a nation of tea lovers specially attaya (green tea), black tea, coffee, and loose tea; a market report by Market Research. Com (2020) found that the tea market was equal to 18.40 million USD (calculated in retail prices) in 2015. Until 2025, the tea market in the Gambia is forecast to reach 48.18 million USD (in retail prices), thus increasing at a compound annual growth rate (CAGR) of 9.01% per annum for the period 2020-2025. This is a decrease, compared to the growth of about 11.46% per year, registered in 2015-2019.

The average consumption per capita in value terms reached 9.61 USD per capita (in retail prices) in 2015. In the next five years, it grew at a CAGR of 8.16% per annum. In the medium term (by 2025), the indicator is forecast to slow down its growth and increase at a CAGR of 5.92% per annum.

In this report, the coffee alone instant market in Gambia was equal to 2.80 million USD (calculated in retail prices) in 2015. Until 2025, the coffee market in the Gambia is forecast to reach 11.51 million USD (in retail prices), thus increasing at a CAGR of 12.80% per annum for the period 2020-2025. This is a decrease, compared to the growth of about 18.39% per year, registered in 2015-2019.

The average consumption per capita in value terms reached 1.48 USD per capita (in retail prices) in 2015. In the next five years, it grew at a CAGR of 14.23% per annum. In the medium term (by 2025), the indicator is forecast to slow down its growth and increase at a CAGR of 9.67% per annum.

Also, Statista (2022) reports that the Gambia tea revenue amounts to US$39.83m in 2023. The market is expected to grow annually by 4.71% (CAGR 2023-2025).  The interesting thing is that in global comparison, most of the tea revenue is generated in China (US$111,800.00m in 2023) according to Statista (2022).

This could either be a negative or positive market outlook for the Gambia, as they contribute to the tea market outlook of China. I believe that legislation and strict regulation of the traditional and complementary medicine industry have a chance to benefit the Gambian economy.

The same report also revealed that by 2025, 16% of spending and 1% of volume consumption in the Tea segment will be attributable to out-of-home consumption (e.g., in bars and restaurants) in the Gambia.

On the international front, Fortune Business Insight (2022) reported that the global herbal medicine market size was valued at USD 151.91 billion in 2021 and the market is projected to grow from USD 165.66 billion in 2022 to USD 347.50 billion by 2029, exhibiting a CAGR of 11.16% during the forecast period.

Also, The Grand View Research (2021) also reports that the global complementary and alternative medicine market size was valued at USD 117,210.3 million in 2022 and is expected to expand at a compound annual growth rate (CAGR) of 25.1% from 2023 to 2030.

The interesting thing is that India’s export of AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homeopathy) and value-added products of medicinal plants during 2015-2016 was $358.60 million.

In Africa for instance, where legislation and regulation exist, Andel et al. (2012) found that an estimated 951 tons of crude herbal medicine were sold at Ghana’s herbal markets in 2010, with a total value of around US$ 7.8 million. Most of these plants sold at the market were mostly used for women’s health, in rituals, as aphrodisiacs, and against sexually transmitted diseases.

Also, in Benin, one study by Quiroz et al. (2014) reported that the domestic medicinal plant market in Benin has economic significance. About 655 metric tons worth 2.7 million USD are sold yearly, and traditional spiritual beliefs are the major driving force behind the trade in herbal medicine. Gabon on the other hand; has just 27 medicinal plant products giving the economy US$ 1.5 million annually.

The traditional medicine industry in South Africa value does not enter into formal trade and therefore is an addition to the Gross Domestic Product (GDP).  The most intriguing thing is that the medicinal plant trade in South Africa is equal to 5.6% of the National Health budget, equal to the whole Mpumalanga Health budget, or equal to the KZN Provincial Hospital budget.

Additionally, in Tanzania, Posthouwer, C (2015) study found that more than 61 000 kilograms of nonpowdered medicines valued at US$344,882 are traded in informal herbal medicine markets. Morocco, on the other hand, annual revenues generated from the export of medicinal plants were US$55.9 million in 2015(Market Insider, 2015), and US$174, 227,384 in Egypt (Abdel-Azim et al. 2015).

It is interesting how North African countries make a huge amount of money from herbal medicinal products as compared to West African Countries. For instance, the (Observatory of Economic Complexity, 2020) reported that the Gambia exported just $559 in Tea, making it the 171st largest exporter of Tea in the world. In the same year, Tea was the 239th most exported product in Gambia. The main destination of Tea exports from the Gambia is Switzerland ($365), China ($108), and Spain ($86).

The fastest-growing export markets for Tea in the Gambia between 2019 and 2020 were Switzerland ($365), Spain ($86), and China ($31).

In terms of import: that same year, Gambia imported $23.9M in Tea, becoming the 60th largest importer of Tea in the world. In the same year, Tea was the 14th most imported product in Gambia. Gambia imports Tea primarily from: China ($21.8M), Sri Lanka ($1.19M), India ($581k), Egypt ($108k), and Senegal ($53.9k). The fastest-growing import markets in Tea for the Gambia between 2019 and 2020 were Sri Lanka ($135k), Singapore ($33.2k), and the Netherlands ($12.8k). The Gambia is unable to export its herbal medicinal teas outside to generate foreign exchange.

 Reviewers Call for Legislation in the Gambia

One reviewer at the University Islam Bandung, Indonesia, in his general comment, held that bearing in mind that the history of standard medicine is actually through empirical work from plants and based on experience and research on the active substance content, that is what Paracelsus (1541-1493 BC) did. Hippocrates (459-370 BC) used more than 200 types of plants in his medicine. We recommend following the WHO Traditional Medicine Strategy. The desire to applicable legal regulations in the law on the practice of traditional medicine, complementary medicine, and alternative medicine is an essential wish for Parliament in the Gambia to implement.  The reviewer further commended Professor Nyarkotey for his positive thinking regarding traditional medicine legislation in the Gambia.  “The author’s manuscript thinking is correct; I hope the idea will be implemented. The law will regulate Good Manufacturing Practices for quality control of materials for traditional medicinal ingredients to conduct research according to evidence-based. I agree with the Author’s way of thinking.”

Another international reviewer of the legal paper states in his comment that the legal paper is a well-written argument/debate from the perspective of law. This needs to be carefully considered as it is related to the general public interest and health. A major debate is needed at the national level to discuss the issue.

The third reviewer at the Manipal Academy of Higher Education, India, believes that Prof. Nyarkotey’s legal commentary justifying legislation on traditional medicine in the Gambia is a Very much relevant and unexplored area.

 Recommendation

Prof. Nyarkotey The Gambia stands a better chance to benefit from national legislation to promote traditional and complementary medicine.

Prof. Nyarkotey recommends the following for the Gambia traditional medicine legislation:

1. Set up a technical Committee to advance the drafting of   legislation   for   traditional   and Alternative Medicines;
2. The legislation   should   not   only   focus   on traditional medicine but should cement on complementary and alternative medicine as well;
3. The reason is that traditional and complementary therapies are siblings and leaving complementary therapies will leave a gap and could create future challenges.

iii.      Legislation should protect titles for practitioners to aid prosecution of those who arrogate to themselves titles they do not have in the profession;

1. The legislation should prove a clear definition of traditional, complementary, and alternative medicines and   practitioners’   qualifications; and
2. The legislation should also provide a clear roadmap for integrative practices, especially for Medical Persons who would want to do crospathy practice.

The opposition Gambia Action Party (GAP) led by Musa Ousainou Yali Bachilly has released their party proposed copyright foreign relations policy with the government of the United States of America.

The proposed policy outlined several measures and development initiatives GAP wishes to implement if elected to lead the affairs of the country.

Below is the full copyright document.
Introduction

The Gambia Action Party has a bilateral policy document with other nations of the world to ensure that the values and ethics of foreign relations are based on realities benefitting all parties in promoting Gambian cultural exhibitions and other development gains of the country.

The Gambia Action Party swiftly expressed desirable views in allying with the United States of America to promote, protect and defend as well as empower Gambians and improve social amenities in the country.

Thus, the Gambian community in the USA will also benefit from the derivatives of the Banjul-Washington DC Relationship (BWR)

The Gambia under GAP’s leadership will equally prioritize the interests of the United States of America and its citizens in The Gambia. However, irrational decisions made by this government will be revisited for the mutual benefit of both parties.

Reason(s) aligning with USA

The reason that triggered this relationship will provide socio-economic development gains for the Gambia through aid and investments that create employment, strengthen our defense and other security paraphernalia, improve the educational and health system, revitalize our economy, and serve as a catalyst for poverty reduction.

In addition, by allying with the United States of America, Gambia will have access to real democratic principles and values, human rights promotions, and good governance based on majority decisions whilst accommodating minority groups.

GAP will effectively manage to limit the abusive and retarded nature of the People’s Republic of China and its activities in our water bodies and end the corrupt deals they signed with this government.

Thus, our naturally endowed resources will be put to good use for the common good of the Gambian citizenry through effective mechanisms.

Political & Economic Benefits

Allying with the United States can have significant benefits for The Gambia, including economic, military, and political support.

The United States is one of the world’s largest economies, and partnering with them could provide valuable trade and investment opportunities.

Furthermore, the US has a powerful military that can train our men and women in Khaki and provide support in times of conflict or civil unrest – establishment of the US Military base Gambia for Inter-Military Support.

Political support can be crucial for Gambia’s international standing and can help in negotiating favorable trade agreements with other countries.

The GAP government will negotiate for a Gambian Market in the US to exhibit our products and generate revenue for the country through taxation.

Moreover, strong and reliable partnerships will be carved between Gambian investors and US counterparts for possible business growth in The Gambia and for establishing factories that employ the youths and revenue for the coffers.

Educational Benefits Driven Development Agenda(EBDDA)

Ministry of Education on both levels will work to improve the curriculum and introduce an educational system of the USA in The Gambia that benefits and strengthen the current educational frontiers in the country.

GAP government will partner with the US government to provide scholarship packages to the Gambian students from the University of Gambia, American University in Gambia, and Gambia College as well as the Senior Secondary category with an effective partnership with colleges and universities in the USA to promote inter-school alliances and establish study tours for Gambian students in the USA.

Social & Eco-tourism Benefits

The space allocated for US Embassy at Monkey Park will be relocated to Bakau K Point Beach for the benefit of preserving the national heritage and equally maintaining tourist attractions in the area as well as improving climate change effects in the country.

The new site will boost tourist involvement through the river safari from the USA to Banjul through the Atlantic Ocean and the extension of boat trips at the River Gambia for both locals and tourists with effective control mechanisms.

First-class hotels will be built in the area to beautify the beaches and bring significant benefits to the economy through increased tourism and investments. Saro and the outskirt of Old and Banjul will be used for nightlife for the tourist with robust security measures.

Health and Medical Support Initiative

Our porous health services and facilities over the years wreaked havoc on the innocent souls of our country due to the unhealthy conditions of our hospitals and the madling attitude of the health ministry. Many souls are gone because of our dilapidated medical conditions.

And allying with the United States could see us register significant benefits in improving health care services in The Gambia. Building new hospitals and furnishing them with drugs and major types of equipment as well as providing career support and training to our doctors and nurses.

Conclusions

An excerpt from The Gambia Action Party’s foreign relations policy document with the US aiming for the interest of both countries in various areas. The majority will continually wonder about the reasons for the relocation of the US Embassy, hosting a US Military Base, or even establishment of US markets in The Gambia.

Well, we wish to clarify that to the maximum extent possible for upholding the interests of The Gambia, allying with the US will only boost our development process as a nation that aims to compete in the global economic zone and stop the Chinese from economic enslaving The Gambia and other countries through the corrupt practices of the government.

The Secretary-General and Party Leader of Gambia Action Party
MUSA OUSAINOU YALI BATCHILLY

Copyright © All rights reserved. GAP Policy Document.

By: Dawda Baldeh

Fatou Darboe, a 37-year-old mother of eight, has explained to The Fatu Network how a windstorm forced her out of her husband’s house in Pakaliba, LRR, and ended up seeking shelter in her friend’s house in Mandinaring, Kombo Central, with her sick husband.

The 37-year-old woman, who is married to a 40-year-old stroke patient, said they abandoned their home to live in her friend’s house in Mandinary, Kombo Central as their living conditions back home were unbearable.

“Our house was destroyed by last year’s windstorm and my husband is sick. I have eight children who are all young and they cannot help us,” she said.

She added that since her husband got sick, life has become extremely difficult for them as the burden of the family lies on her.

“I have five boys and three girls who are going to school. The feeding, treatment of my husband, and school fees are a huge burden. I am urging people to help us so that we can live a decent life,” she pleaded.

Fatou and her children’s condition has forced her to stay in her friend’s house with her sick husband before they get support to construct their house.

“I am currently living with my sick husband in my friend’s house in Mandinary. My children are going to school, but I am afraid they will drop out because I can’t afford to pay school fees and provide feeding and treatment for my husband,” she explained.

The young mother said she is living a difficult life with her husband and children as their living conditions become a huge burden coupled with Ramadan’s needs.

“We are in Ramadan my husband cannot do anything which is making life more difficult. We need any kind of support because nothing is small for us,” she noted.

For anyone who wishes to support Fatou and her husband or needs any further information can reach out to the following contacts. +220 7986346 or +2203125436

By: Juliana Twumwaa Obeng

The Writer

DID YOU KNOW THAT BLEACHING YOUR SKIN IS A CRIME?

Did you know that it is a criminal offence to bleach your skin?

Yes, in The Gambia, and most parts of the world, it is an offence that is punishable by law.

Skin bleaching, also known as skin lightening or whitening, toning in a more millennian term, is a practice that involves using products or treatments to lighten or even out skin tone. It is a controversial issue that has been the subject of many debates and discussions in recent years.

Some people choose to bleach their skin for cosmetic reasons, in order to achieve a lighter or more uniform skin tone. Others do it because they believe that lighter skin is more socially acceptable or that it will improve their chances of success in life.

Moreover, skin bleaching has been associated with self-esteem issues and a lack of self-acceptance. It reinforces the belief that lighter skin is more desirable or superior, which can lead to discrimination and prejudice against those with darker skin.

It is important to note that skin bleaching is not just a personal choice but is also influenced by societal norms and expectations. This can lead to a cycle of discrimination and social exclusion for those who do not conform to these beauty standards.

In many countries, skin-bleaching products are widely available and heavily marketed, perpetuating the idea that lighter skin is more desirable.

The legal perspective

To start with, several countries have enacted laws to regulate the sale and use of skin-bleaching products. One such country is The Gambia, which passed the Skin Bleaching Act in 1995. An Act prohibiting and restricting the use, sale, importation and possession of certain listed creams or substances for skin bleaching.

This law prohibits the importation, distribution, and sale of any cosmetic product or agent designed to lighten the skin tone. It also prohibits the advertisement and promotion of skin-bleaching products.

Under this law, anyone found guilty of breaking these regulations faces a fine of up to 50,000 Dalasis or imprisonment for a term not exceeding two years, or both. This means that, in the Gambia, it is a criminal offence to use, buy, sell or import bleaching creams into the Gambia without a permit from the appropriate authorities. And you can be fined or sentenced to a prison term if found guilty by the courts.

The law also allows for the confiscation and destruction of any skin-bleaching product found in violation of the regulations. The law provides that when skin-bleaching products are found on you, apart from taking you to court, the products are seized and destroyed.

The Act also requires a prescription for the purchase of bleaching creams. This means that in the Gambia, you would need a prescription form signed by a medical practitioner before purchasing any bleaching product.

The Skin Bleaching Act of The Gambia is just one example of how governments are taking action to regulate skin bleaching. Other countries, including South Africa and Ghana, have also taken steps to regulate the sale and use of skin bleaching products.

While skin-bleaching may be a personal choice, it has been linked to various health risks, and several countries have taken steps to regulate the sale and use of skin-bleaching products. The Skin Bleaching Act 1995 of The Gambia is one such law that prohibits the importation, distribution, and sale of any cosmetic product or agent designed to lighten the skin tone. Anyone found guilty of breaking these regulations faces a fine or imprisonment, or both.

 The writer is a BL candidate at the Gambia Law School. She is driven by her affinity to the legal profession and relies on Precedents and Acts of the National Assembly to educate the public on bits and pieces of the application of the Laws of the Gambia and Ethics of the legal profession. These write-ups are for educational purposes only and not to serve as a substitute for Legal Advice. Email: [email protected]

References:

1. Adebajo, S. (2018). Skin bleaching: A public health concern. The Lancet Global Health, 6(7), e715-e716. Dlova, N. C., Hamed, S. H., Tsoka-Gwegweni, J., & Grobler, A. (2015).
2. Skin bleaching advertisements and the misrepresentation of black women’s identity: A call for a policy change in South Africa. South African Medical Journal, 105(12), 1000-1001.
3. World Health Organization. (2011). Skin bleaching and its health implications. https://www.who.int/ipcs/assessment/public_health/mercury_flyer.pdf
4. Skin Bleaching Act 1995 of The Gambia: http://extwprlegs1.fao.org/docs/pdf/gam10011.pdf
5. Regulation of skin bleaching products in South Africa: https://www.tandfonline.com/doi/full/10.1080/15569527.2019.1603293