Gaye Sowe and Maria Saine
in the National Assembly for it to go through a second and third reading before a referendum
is held on the proposed constitution. Several reasons such as the retrospective provision on the
introduction of the two-term limit of the office of the president, retirement package for the
judges and alleged plagiarism of the Draft Constitution from the Kenyan Constitution as
alleged by some members of parliament led to rejection of the Bill in Parliament.30
As of February 2021, there was a possibility of the draft to be re-tabled before the
National Assembly; but the two biggest political parties (the United Democratic Party and
National Peoples’ Party) could not agree on whether the Draft Constitution should be resubmitted to the National Assembly as drafted, or amendments could be made to it before it is
sent back to the National Assembly.
4.1 Proposed changes to the citizenship regime
The draft constitution proposed major changes to the citizenship regime of The Gambia
including reducing the residency requirement for non-nationals married to Gambians from 7
years to 5 years.31 The 15 years requirement for naturalisation remained the same. The other
change with regards to naturalisation was the requirement for naturalised citizens to renounce
their other citizenship. This was changed to introduce the reciprocity principle providing that
citizens of countries that allow Gambians to retain their Gambian citizenship after they
naturalise don’t have to renounce their other citizenship.32
Another notable change is there is no longer a distinction between citizenship by birth
and citizenship by descent. Persons born in or outside The Gambia to one Gambian parent or
grandparent are all Gambian citizens by birth. The 1997 Constitution only provides for the
citizenship of persons either of whose parents was a Gambian citizen at the time of their birth,
and also created a restriction on transmission to those born outside The Gambia.33
Children adopted by Gambians can also be registered as Gambian citizens.34 The Draft
Constitution also restores the presumption of citizenship for children of unknown parents
removed in 2001. Children below 8 years who are found in The Gambia and their parents are
not known may also be presumed to be Gambian citizens. The Draft in section 21 also provides
for the National Assembly to, inter alia, come up with a law dealing with citizenship of persons
born in the country to non-Gambians by a particular date.35
Section 261 of the Draft also proposed the limitation of land ownership rights of nonGambians citizens by providing that there shall be no interest in or right, or a freehold interest
over a land in The Gambia for a person who is not a citizen of The Gambia.36 Persons who are
not Gambian citizens may acquire and hold land on the basis of lease tenure only and shall not
exceed for more than fifty years, according to the Draft.
The nationwide public opinion poll conducted in 2019 by the International Republican
Institute (IRI) on the content of a new Draft Constitution, illustrated that 81% of the people
30
Vanguard, “Gambian lawmakers rejects draft constitution over 3rd- term clause”, September 24, 2020. Available
at: https://www.vanguardngr.com/2020/09/gambian-lawmakers-reject-draft-constitution-over-3rd-term-clause/.
Last accessed 16 October 2020.
31
Draft Constitution for the Third Republic of The Gambia, 2020. Section 16.
32
Draft Constitution for the Third Republic of The Gambia, 2020. Section 17.
33
Draft Constitution for the Third Republic of The Gambia, 2020. Section 15.
34
Draft Constitution for the Third Republic of The Gambia, 2020.Section 16.
35
Draft Constitution of the Third Republic of The Gambia, 2020. Section 21.
36
Draft Constitution of the Third Republic of The Gambia, 2020. Section 261.
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RSCAS/GLOBALCIT-CR 2021/7 © 2021 Author(s)