Gaye Sowe and Maria Saine
through the Jammeh’s pronunciation. With the rejection of the Draft Constitution with
contained provisions to enable them to acquire Gambian citizenship, the chances of Black
African returnees obtaining Gambian citizenship have vanished for now.40
4.3 Action against statelessness
The Gambia has signed and ratified certain international and regional instruments, some of
which relate to the right to nationality. In 2009, The Gambia ratified the 1954 Convention
relating to Statelessness and in the same year, it also ratified the 1961 Convention on the on
the Reduction of Statelessness. Despite the government’s efforts to ratify both the 1954 and 61
Conventions, it is yet to domesticate the Conventions to give them the force of law in The
Gambia.41
At the regional level, The Gambia has participated in the adoption by the Economic
Community of West African States (ECOWAS) of the Abidjan Declaration on the Eradication
of Statelessness, committing to “prevent and reduce statelessness by reforming constitutional,
legislative and institutional regimes related to nationality.” 42 In 2017, this declaration was
followed up with a meeting by the Minsters of Interior and Justice of the members states of
ECOWAS to adopt a Regional Plan of Action to Eradicate Statelessness in West Africa. It is
stated in this action plan that:
ECOWAS, in collaboration with UNHCR and the competent institutions of the African
Union, will assist Member States by adopting common standards that will guide the
reform of nationality legislation of West African States, including inter alia the removal
of discriminatory provisions in the transmission of nationality and the inclusion of
safeguards against statelessness to ensure that every child acquires a nationality at
Birth.43
The plan of action also stated that the “urgent need to obtain more concrete information about
the sources of statelessness and the obstacles to acquisition of nationality as well as potential
at risk groups.”44
At the UNHCR High-Level segment on Statelessness held in Geneva in October 2019,
The Gambia was among other African states that pledged to develop a determination procedure
to identify stateless persons, grant protection status and facilitate appropriate solutions.45
40
“Black African returnees at crossroads over Gambian citizenship”, Pan-African News Agency, 11 October
2020. Available at: https://www.panapress.com/Black-African-returnees-at-cross-a_630663801-lang2free_news.html. Last accessed 25 February 2020.
41
The Gambia is a dualist state, as such, foreign treaties and international law must first be received through an
Act of the National Assembly before they are binding in The Gambia.
42
Abidjan Declaration of Ministers of ECOWAS Member States on the Eradication of Statelessness, 15
February 2015; endorsed by the Communique of the 47th Ordinary Session of the ECOWAS Heads of State, 19
May 2015.
43
Banjul Plan of Action of the Economic Community of West African States (ECOWAS) on the Eradication of
Statelessness 2017 – 2024, 9 May 2017, Preamble, and Strategic Objective 1.3.
44
Ibid., Strategic Objective 2.
45
See UNHCR, Results of the High-Level Segment on Statelessness. Accessed 14/05/2020 via
https://www.unhcr.org/ibelong/results-of-the-high-level-segment-on-statelessness/
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RSCAS/GLOBALCIT-CR 2021/7 © 2021 Author(s)