The Gambia’s Outdated Lunatics Detention Act in Violation of the African Charter

Condition of Tanka Tanka © Ibrahim Bahizi Drammeh - Seclusion section set to fire by patients.

By Edward Francis Dalliah

The Gambia’s Lunatic Detention Act currently in use in the country dates back to the Colonial era. The country started using the Act under British colonial rule after it was enacted in 1917 and later amended in 1964 just before the country gained independence from the British.

The unsavorily named “Lunatics Detention Act”, was the topic of discussion during a half-day orientation for media practitioners focused on Mental Health and relevant legislation by the National Mental Health Program (NMHP) on Thursday 22nd February 2024 at the CIAM Conference Hall in Kanifing.

This engagement took place after a meeting between Health Practitioners and members of The National Assembly which took place on 10th February 2024 at SeneGambia Beach Hotel. In furtherance of their advocacy Health Practitioners decided to engage the media to raise awareness about the dire conditions facing mental health patients in the country.

Speaking at the engagement, NMHP Program Manager, Ms Mam Jarra Marega revealed that the country is still using the outdated Act which is over a century old. According to Ms Jarra Marega, “cabinet has sat and reviewed [the Bill] and wrote comments”. Unfortunately, she has not been able to access the cabinet reviewed Bill. According to the Health advocate, the Bill might have been sent back to the Ministry of Justice (MOJ) for a final review before being tabled at the National Assembly which is still yet to occur.

Our reporter spoke to the Deputy Chair of Parliament’s Health Committee, Hon Momodou Lamin B Bah of Banjul North who revealed that a validation workshop on the proposed Mental Health Bill took place earlier in February 2024 on the Cabinet approved Bill. He highlighted that after ten months the reviewed Bill is currently lodged at Cabinet and should be tabled in Parliament for review and adoption which will eventually repeal and replace the century old Lunatics Detention Act.

Mental Health Advocates - Ms Mam Jarra Marega on the left © Askanwi Media

Our research has unearthed the heroic efforts of two Mental Health advocates, Ms H Purohit and Mr P Moore who filed a complaint against The Gambia Government on behalf of mental health patients of Campama at the African Commission on People’s and Human Rights back in 2001.

Detailed extensively on the Law Hub’s publication and the ACHPR websites the duo complained that;

“a.     The governing mental health law in the Gambia was obsolete

b.     There is no definition of “lunatic” in the Lunatics Detention Act and no provisions and requirements establishing safeguards during the diagnosis, certification and detention of the patient

c.      Overcrowding in Campana

d.     No consent to treatment or subsequent review of continued treatment.

e.      no independent examination of administration, management and living conditions within the Unit itself

f.      patients detained in the psychiatric unit are not even allowed to vote.

g.     no provision for legal aid.

h.     provision for a patient to seek compensation if his/her rights have been violated”.

After hearing their arguments the ACHPR ruled, two years later in 2003 that “The Gambia was in violation of Articles 2, 3, 5, 7(1)(a) and 7(1)(c), 13(1), 16 and 18(4) of the African Charter”.

In conclusion the ACHPR strongly urges the Gambia Government to:

“1. Repeal the [LDA] and replace it with a new legislative regime for mental health in The Gambia compatible with the African Charter and international standards and norms for the protection of mentally ill or disabled persons as soon as possible;

2. Pending (a), create an expert body to review the cases of all persons detained under the [LDA] and make appropriate recommendations for their treatment or release;

3. Provide adequate medical and material care for persons suffering from mental health problems in the territory of The Gambia”.

The ACHPR further requested for “The Gambia to report back to the African Commission when it submits its next periodic report in terms of Article 62 of the African Charter on measures taken to comply with the recommendations and directions of the African Commission in this decision”.

However, Law Hub reports that “there is no report from The Gambia about the implementation of the recommendations as requested by the Commission”.

Condition of Tanka Tanka © Ibrahim Bahizi Drammeh - Seclusion section set to fire by patients.

To date the conditions highlighted by the duo has rarely seen any improvement. The only Mental Health Facility in the country Tanka Tanka which has been relocated from Banjul to Salaji relies heavily on support from philanthropist and international partners for it’s upkeep. Being the only official Mental Health Facility in the country, Tanka Tanka is overcrowded and needs more branches to cater for mental health patients across the country.

Since the Government of President Adama Barrow came into power in 2017, the situation has not improved much. Twenty-one years after the ruling The Gambia has failed to implement the ACHPR’s recommendation. The Lunatics Detention Act has not been repealed or amended for the benefit of Gambians and the changed circumstances in the country over a century after the Bill’s enactment.

Equally, the draft Mental Health Bill as recommended by the Commission made some progress in 2019, however, five years has elapsed without the Bill being tabled at the National Assembly.

Advocates argue that more political will is needed from the Ministry of Health and Cabinet to table the Bill in Parliament and for more resources to be dedicated towards Mental Health Care in the country.