By Edward Francis Dalliah
The Lunatics Detention Act currently being used in The Gambia is over 100 years old and dates back to the colonial era. Back in 2003, the African Union Commission recommended that The Gambia replace the Lunatics Detention Act with another legislation in keeping with the African Charter on Human and People’s Rights (African Charter) and international standards.
The Gambia started using the Act under British Colonial rule after it was enacted in 1917 and was later amended in 1964 before independence. Two decades after the AU Commission’s recommendation it can be seen that in its current form, the Lunatics Detention Act violates numerous articles of the African Charter. In addition, the use of the word “lunatics’ is not in keeping with the profession which now uses words like mental illness, and mild to severe mental illness to describe patients’ condition.
On Thursday 22nd February 2024, the Program Manager of the National Mental Health Program (NMHP) Mam Jarra Marega revealed that Gambia is still using the Act which is over a hundred years old during a half-day orientation with media practitioners on Mental Health and relevant legislation at the CIAM conference hall in Kanifing.
With regards to efforts made for the Act to be changed, an attempt was made in 2001, when two mental health advocates by the names of Ms H. Purohit and Mr P. Moore submitted a complaint to the African Commission on Human and Peoples’ Rights on behalf of patients of Campama, the psychiatric unit of the Royal Victoria Hospital highlighting that;
- The Lunatics Detention Act [LDA], was in violation of the African Charter on Human and Peoples’ Rights [African Charter] in particular Articles 2, 3, 5, 7(1) (a) and (c), 13(1), 16 and 18(4).
- The legislation did not define ‘lunatic’ beyond ‘idiot or person of unsound mind’ nor did it set out any specific means of appeal or further safeguards against abuse.
- Certification required the approval of two medical practitioners without requiring specific expertise in psychiatry and the signature of a judge of the Supreme Court, a magistrate, or two Justices.
- No further safeguards or review procedures were established and the LDA subjects those identified as ‘lunatics’ to automatic and indefinite detention.
After the complaint was sent, a decision was taken at the 33rd Ordinary Session of the African Union Commission held in Niamey, Niger, in May 2003 where the Government of the Gambia was ordered to;
- 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 persons suffering from mental illness or disabled persons as soon as possible;
- Create an expert body to review the cases of all persons detained under the (LDA) and make appropriate recommendations for their treatment or release;
- Provide adequate medical and material care for persons suffering from mental health problems in the territory of The Gambia.
Since then, twenty-one years have passed and The Gambia has failed to implement the key recommendations of the Commission. The Lunatics Detention Act has not been repealed or amended to capture the concerns of the Commission and the changed circumstances in the country.
Equally, the draft Mental Health Bill as recommended by the Commission was brought into the picture in 2019, however, five years have gone by yet it has not been tabled at the National Assembly.
Program Manager Ms Marega informed journalists that the Ministry of Health has made progress on the Bill and “the cabinet has sat and reviewed [the Bill] and wrote comments”. However, these concerns have not been forwarded to her department yet. In addition, she also pointed out that the Bill might be sent back to the Ministry of Justice for a final review before being tabled at the National Assembly.
To ensure Parliamentarians are aware of the importance of the Bill a day-long discussion was held for them on Saturday 10th February at SeneGambia with the primary objective of creating awareness on the Mental Health Bill.
To date, the country has one official government-owned Mental Illness Rehabilitation Institute called Tanka Tanka which is located in Salagi. The centre is not well catered for with much of their support emanating from donations. Just yesterday, a centre was opened by a Charity called the International Voluntary Mental Health Organisation at Old Yundum.
In the newly issued Yiriwaa National Development Plan 2023 to 2027 it noted that “the Government will also seek to address the service and infrastructure deficits that exist in terms of provision of psychosocial support, treatment, and care facilities for those affected”.
The Sad Reality at the Only Psychiatric Hospital in The Gambia (Tanka Tanka)