Weekly Disability Inclusion Column with Madi S. Njie Published Every Friday in Foroyaa Newspaper; Topic- Understanding the Law: Offences, Penalties and the Financial Implications of the Persons with Disabilities Act (Published today as part of the weekly Friday series on disability inclusion and rights.)

This column is dedicated to discussing disability rights, inclusion, and equal opportunities in The Gambia. It aims to simplify laws, policies, and everyday issues affecting persons with disabilities, so that everyone can understand their rights and responsibilities in clear and simple English. The focus is on awareness, inclusion, and practical understanding of how laws work in real life. The protection of the rights and dignity of persons with disabilities in The Gambia is not only a moral responsibility but also a legal requirement backed by law. The Persons with Disabilities Act 2021 provides a strong framework for inclusion, equality, and non-discrimination. A key part of this law is Section 70, which outlines offences and penalties for anyone who violates the rights of persons with disabilities. Section 70 is important because it ensures accountability. It places responsibility on individuals, institutions, and public authorities to respect the rights of persons with disabilities. More importantly, it introduces financial penalties and legal consequences for those who fail to comply. In this way, the law uses both punishment and financial deterrence to protect rights and promote inclusion. One of the main offences under this section is the denial of access. Any person who prevents or causes a person with disability to be denied entry into a place is committing an offence. This applies to both public and private spaces, including schools, workplaces, offices, transport systems, and service centres. Whether it is direct refusal or indirect barriers, exclusion is a violation of the law. The Act also criminalises discrimination in all its forms. This includes refusal of employment, denial of education, limited access to healthcare, or any unequal treatment. Discrimination may be open or hidden, but the law treats both as serious offences. The aim is to ensure equal opportunity for all persons, regardless of disability. Another offence is the concealment or abuse of persons with disabilities. The law recognises that some individuals are hidden away due to stigma, fear, or harmful beliefs. Such actions, including neglect or inhumane treatment, are strictly prohibited. The law clearly states that persons with disabilities have the right to visibility, dignity, and participation in society. From a financial and enforcement point of view, Section 70 is also significant. It introduces penalties that carry direct monetary consequences. A person found guilty of an offence is liable to a fine of up to D50,000, imprisonment for up to six months, or both. In the case of institutions or corporate bodies, the fine can go up to D100,000. These fines are not only meant as punishment but also as a financial deterrent to prevent violations. They also reflect the seriousness of protecting disability rights within national governance systems. These financial penalties show that disability rights are not optional—they come with enforceable legal and economic responsibility. Institutions that fail to comply risk financial loss, legal action, and reputational damage. This strengthens the enforcement system and encourages compliance across both public and private sectors. The importance of these provisions cannot be overstated. They reinforce the principle that disability rights are human rights and align with international standards such as the United Nations Convention on the Rights of Persons with Disabilities, to which The Gambia is a signatory. Ultimately, the law sends a clear message: exclusion, discrimination, and abuse of persons with disabilities will not be tolerated. Every stakeholder—government, private sector, civil society, and individuals—has a duty to respect and promote these rights. His Worship Muhammed Krubally, Chairman of the National Advisory Council for Persons with Disabilities (NACPWD) and the Gambia Federation of the Disabled (GFD), has called on persons with disabilities to know their rights and actively engage authorities to ensure inclusion and equal opportunity. Speaking during the commemoration of the International Day of Persons with Disabilities on 3 December 2025, Mr Krubally stressed the importance of understanding legal frameworks at international, regional, and national levels. He said persons with disabilities must see themselves as rights holders and hold duty bearers accountable. “We are here to celebrate ourselves, recognise our existence, and demonstrate our talents and potentials,” he said, adding that such events help to challenge wrong perceptions, especially among employers and institutions. He also said persons with disabilities have the ability to contribute meaningfully to national development if given equal access to education, employment, finance, and skills training. Mr Krubally highlighted key challenges including discrimination, lack of accessibility, inequality of opportunity, and weak recognition of the rights of women and children with disabilities. “Accessibility remains a major challenge, and equal opportunities are still not fully realised,” he noted, calling for urgent action from authorities and communities. He further called for stronger sensitisation and cooperation between government, civil society, and development partners to promote disability rights. On approach, he encouraged unity and dialogue. “Let us engage diplomatically and build strong partnerships. We cannot do it alone,” he stated. Foroyaa will continue to highlight issues of disability inclusion as part of its commitment to justice, equality, and human rights for all.