Report on Citizenship Law: The Gambia
in place to implement certain provisions of the constitution were put to rest was.9 In 1970, the
republican constitution was promulgated, making The Gambia a republic with an indigenous
president as head of state.10
The citizenship provisions of The Gambia Constitutions of 1965 and 1970 were
practically the same. The 1970 Constitution provides that persons born in The Gambia acquired
citizenship based on birth in the territory, with the same exceptions.11 Persons born outside of
The Gambia became citizens of The Gambia provided that at the time of birth, the person’s
father was a citizen of The Gambia who himself was born in The Gambia.12 A woman who
was married to a Gambian was allowed to make an application for Gambian citizenship in a
manner prescribed by an Act of Parliament. The 1970 Constitution, like the Independence
Constitution of 1965, provided only for women that get married or had been married to
Gambian men to be able to acquire citizenship.13
3. The current citizenship regime
The Gambia adopted its second republican constitution in 1997, approved by a referendum
held on the draft in August 1996. The 1997 Constitution establishes the current legal regime
for Gambian citizenship.
President Jawara of the People’s Progressive Party (PPP) had dominated the political
life of The Gambia from 1965 to 1994. A military intervention in the governance of The
Gambia began on Friday, 22nd July 1994 in the form of a coup d’etat led by Yahya Jammeh,
which overthrew his government.
After the coup leaders proclaiming themselves as the Armed Forces Provisional Ruling
Council on 22nd July 1994, the Council proceeded to make laws in the form of Decrees, which
commenced with the promulgation of the AFPRC Establishment Decree.14 This legalised the
members of the Council as the only executive authority with the competence to make laws for
The Gambia from 22nd July, 1994. One of the most significant offshoots of the military
intervention was the suspension and modification of certain operative provisions and
institutions in the 1970 Constitution that were inconsistent with the decrees and regulations
that were part of The Gambia’s basic laws at the time. 15 Despite the suspension and
modification of certain provisions of the 1970 Constitution, several laws of The Gambia
remained in force mostly because of the unsuspended provisions of the 1970 Constitution.
The AFPRC appointed a Constitutional Review Commission, which produced a draft
constitution, approved by national referendum on 8 August 1996 and enacted in January
1997.16 The constitution provided for unlimited five-year terms for an elected president: Yahya
Jammeh remained in power as President until 2017.
9
The Gambia since Independence 1965-1980. 15 Years of Nationhood.
Constitution of the Republic of Gambia, Act No.1 of 1970.
11
Constitution of The Gambia 1970, Section 5.
12
Constitution of The Gambia, 1970, Section 6.
13
Constitution of The Gambia, 1970, Section 7.
14
Decree No. 1 of 1994; The Parliamentary Counsel was C. S. Jallow, QC, formerly Attorney-General of the
British Virgin Island, West Indies.
15
Ousman A. S. Jammeh, The Constitutional Law of The Gambia, 1965 – 2010. AuthorHouseUK, 2011
16
Constitution of The Gambia, Act No. 1 of 1997 (entry into force 16 January 1997).
10
RSCAS/GLOBALCIT-CR 2021/7 - © 2021 Author(s)
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