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Country Summary for GAMBIA

I.  Relevant Legislation
....
II.  Regulated Cultural Property

Definitions

'Ancient Monuments'include any building, ruin,…stone circle, altar, pillar, statue, tumulus, grave, cave, rock, shelter, kitchen, midden, earthwork, iron-smelting site, underground cistern, shell mound or other site…of architectural, archaeological, historical or other scientific interest. (2003 NCAC §2(1))

'Ancient Working'means a shaft, cutting, tunnel or stop which was made for mining purposes. (2003 NCAC §2(1))

'Ethnographical Article'

(a) any remains of early settlement or colonization; or
(b) any work of art or craftwork, including statue, modeled clay figure, figure cast or wrought in metal, carving, house post, door, ancestral figure, religious mast, staff, drum, bowl, ornament, utensil, weapon, armor, regalia, manuscript or document, where the work of art or craftwork is of indigenous origin, and:
(i) was made or fashioned before the year 1900, or

(ii) is of historical, artistic or scientific interest and is or has been used in the performance of any traditional ceremony. (2003 NCAC
§2(1))

'Monuments'

(a) ancient monuments or antiques;
(b)
areas of land which are or which contain objects of archaeological or historical interest;
(c)
waterfalls, caves, grottos, avenues of trees, old trees or old buildings; and
(d) objects…of archaeological, ethnographical, historical or other scientific interest. (2003 NCAC
§2(1))

'National Monument'a monument which is proclaimed as a National Monument by the Secretary of State on the advice of the Centre. (2003 NCAC §2(1))

'Relics'
(a) fossils of any kind;
(b)
ancient drawings, engravings or painting stones or petroglyphs;
(c)
ancient implements, articles or other artifacts; and
(d)
archaeological or ethnographical content of an ancient monument or ancient working. (2003 NCAC §2(1))

'Board'means the governing Board established for the Centre. (2003 NCAC §2(1))

'Centre'means the National Centre for Arts and Culture. (2003 NCAC §(1))

'Director General'means the Director General appointed for the Centre. (2003 NCAC §2(1))

'Secretary of State'means the Secretary of State responsible for arts and culture. (2003 NCAC §2(1))

Registry

The Centre shall…keep a register of all National Monuments and ancient workings and of such relics, ethnographical articles and articles of archaeological, ethnographical, historical or other scientific interest as it may have acquired or as have been brought to its notice. (2003 NCAC §11(3)(b))

The functions of the Centre include: to list all monuments whose proclamation as National Monuments it considers desirable; to ascertain their owners; and to recommend that the Secretary of State proclaim them as National Monuments. (2003 NCAC §(1)(m))

Relevant State Agencies


The functions of the Centre include to:

(1) advise the Secretary of State on matters of policy relating to arts and culture including matters relating to monuments and relics. (2003 NCAC
§11(1)(a))
(2) equip, maintain and manage the National Musuems and other museums. (2003 NCAC
§§11(1)(h) & (i))
(3) preserve, repair or restore any ethnographical article which it considers to be of national importance. (2003 NCAC
§11(1)(j))

The Centre has power to:
(1) purchase or otherwise acquire by agreement any ethnographical article. (2003 NCAC
§(2)(a))
(2) assume control over any ethnographical article with the consent of the owner. (2003 NCAC
§(2)(b))
(3) undertake the excavation … of any ethnographical article (with the prior permission of the owner…) and to authorize any act to be done which it considers necessary to preserve any ethnographical article discovered during excavation. (2003 NCAC
§11(2)(e))
(4) have reasonable access … to any ethnographical article or site of historical or archaeological interest. (2003 NCAC
§11(2)(g))
(5) acquire and maintain museums and purchase or otherwise acquire any monuments, relics, ethnographical articles or other articles of archaeological, ethnographical, historical or other scientific interest. (2003 NCAC
§(2)(k))
(6) assume control over any monument, relic, ethnographical article or other article of archaeological, ethnographical, historical or other scientific interest if requested to do so by the owner. (2003 NCAC
§11(2)(m))
(7) preserve, repair, restore or insure any monument, relic, ethnographical article or other article of archaeological, ethnographical, historical or other scientific interest which is owned by it or under its control. (2003 NCAC
§11(2)(n))
(8) undertake the excavation of any ancient monument or ancient working and…authorize any act to be done which it may deem necessary for excavating, exploring or safely preserving any ancient monument or ancient working or any relic…irrespective of the person who owns or has control of it. (2003 NCAC
§11(2)(p))

The Centre shall, when required by the Secretary of State, investigate and report on:
(i) any matter relating to any monument, ancient working, relic, ethnographical article or other article of archaeological, historical or other scientific interest believed to be of such interest; and

(ii) the desirability of proclaiming any monument as a National Monument.  (2003 NCAC
§11(3)(a))

The Centre shall not, without the prior written consent of the Secretary of State, alienate, hypothecate or rent any monument, relic, ethnographical article, or article of archaeological, ethnographical, historical or other scientific interest that it owns. (2003 NCAC
§12(1))

The Centre may dispose of any ethnographical article owned or controlled by it by way of exchange where the Director General certifies in writing that the exchange is desirable in the interests of the National Museums. (2003 NCAC
§12(2))

The Board may delegate the power to acquire or authorize the acquisition of any movable or immovable property to the Director General. (2003 NCAC
§7(d))


III.  Export Restrictions
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IV.  Ownership Rights and Restrictions
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V.  Violations, Penalties and Sanctions
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VI.  International Conventions and Bilateral Agreements
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Country Contact
for Cultural Property
Baba Ceesay
Director General
National Centre for Arts and Culture
PMB 151
Independence Drive
Banjul, The Gambia baba_baba_c@yahoo.com
www.ncac.gm
Ph: +220 992 9702; +220 792 9702
F: +220 422 8461