Report on Citizenship Law: The Gambia 3.1.2 Marriage Section 11 of the 1997 Constitution provides for citizenship by marriage, introducing gender equality for the first time. Persons who are married to Gambian citizens and have been ordinarily resident in The Gambia, since the marriage, for not less than seven years may apply to be registered as Gambian citizens.19 A person who satisfies this provision can also apply to be registered as a Gambian citizen even if his or her marriage to a Gambian citizen is ended either by annulment, divorce or death.20 The annulment of a marriage of a person who has been registered as a Gambian citizen does not affect the person’s status as a citizen of The Gambia. Thus, a person (irrespective of gender) who gets married to a Gambian and registers as a Gambian retains his or her Gambian citizenship even if his or her marriage is annulled.21 3.1.3 Naturalisation Section 12 of the 1997 Constitution deals with citizenship by naturalisation. One can apply to become a naturalised citizen of The Gambia by fulfilling the requirements stipulated in section 12 of the constitution, which states:22 (1) Any person who has been ordinarily resident in The Gambia for a continuous period of not less than fifteen years and who satisfies the conditions set out in subsection (2) may apply, in such manner as may be prescribed by or under an Act of the National Assembly, to be naturalised as a citizen of The Gambia (2) The conditions referred to in subsection (l) are that the applicant – (a) is of full age and capacity; (b) is of good character; (c) has clearly shown that, if naturalised, he or she intends to continue permanently to reside in The Gambia; (d) is capable of supporting himself or herself and his or her dependants. (3) The Minister shall give reasons for any refusal of an application made under this section. (4) No person shall be naturalised until he or she has renounced any other citizenship he or she may have and taken an oath of allegiance to The Gambia. The Gambia Nationality and Citizenship Act of 1965 (sections 3 – 6 and schedule 2) also contains provisions on registration and naturalisation as a citizen, setting out a requirement of only five years’ residence for naturalisation and a different list of conditions. However, insofar as these conditions are not the same as those in the 1997 constitution, they must be considered superseded. 19 Constitution of The Gambia, 1997. Section 11. Constitution of The Gambia, 1997. Section 11. 21 Constitution of The Gambia, 1997. Section 11. 22 Constitution of The Gambia, 1997. Section 12 20 RSCAS/GLOBALCIT-CR 2021/7 - © 2021 Author(s) 7

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