Gaye Sowe and Maria Saine Every person born in The Gambia after 17th February 1965 shall become a citizen of The Gambia at the date of his birth: Provided that a person shall not become a citizen of The Gambia by virtue of this section if at the time of his birth— (a) neither of his parents is a citizen of The Gambia and his father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to The Gambia; or (b) his father is a citizen of a country with which The Gambia is at war and the birth occurs in a place then under occupation by that country. On persons born outside of The Gambia, the Independence Constitution in section 4 stated that the child shall become a citizen of The Gambia if at that time, his father is a citizen of The Gambia and himself born in The Gambia (citizenship by descent). A woman who is married to a Gambian man and was during the time of the subsistence of the marriage a Gambian citizen was entitled to be registered as a citizen of The Gambia.5 A person who had acquired citizenship by registration or naturalisation (only) could be deprived of his or her Gambian citizenship if at any time after 17th February 1965, the minister was satisfied that that person had acquired by registration, naturalisation or other voluntary and formal act, other than marriage, the citizenship of any country other than The Gambia.6 The minister could also deprive a person of Gambian citizenship if s/he was satisfied that he or she had at any time after 17th February 1965 voluntarily claimed and exercised in a country other than The Gambia any rights available to him under the law of that country, being rights accorded exclusively to its citizens.7 The 1965 constitution did not, however, provide for loss of citizenship by those who had been born Gambian citizens, whether by birth in The Gambia or by descent. The Gambia Nationality and Citizenship Act No.1 of 1965 provided further detail on acquisition of citizenship by registration and naturalisation, and on deprivation of citizenship. 2.4 Acquisition and loss of citizenship under the 1970 constitution Soon after independence in February 1965, The Gambian head of government and prime minister, Sir Dawda Kairaba Jawara, decided on holding a referendum at which the people of The Gambia would vote on whether the country should be a republic with an executive president or not. The opposition political parties at the time campaigned against the proposed republican constitution, and the measure was defeated by 751 votes at the referendum held in October 1965, barely eight months after the country became independent. By 1969, the republican issue became a subject of debate once more. The government had drafted another republican constitution, which, after much debate and discussion in and out of Parliament, was approved by the necessary 2/3 majority in Parliament. 8 This was followed by countrywide campaigns in which the provisions of the new constitution were explained at some length and the various fears expressed by the electorate on the measures put 5 Independence Constitution, Section 5. Independence Constitution, Section 8(1). 7 Independence Constitution, Section 8(2). 8 The Gambia since Independence 1965-1980. 15 Years of Nationhood, Banjul: Gambia. Information and Broadcasting Services, 1980. 6 4 RSCAS/GLOBALCIT-CR 2021/7 © 2021 Author(s)