Report on Citizenship Law: The Gambia the Act provides for deprivation in case a person who has acquired citizenship by registration has been deprived of citizenship elsewhere. 3.2.1 Procedure for deprivation The 1997 constitution provides significant protections against arbitrary deprivation of citizenship, requiring the minister to make an application to the High Court, rather than leaving the decision with the executive. Before the minister responsible can make such an application, the minister needs to give a notice in writing to the person concerned of the reasons for the application and his or her right to be heard and legally represented at the hearing of the application before a court of law.25 The High Court must then satisfy itself that the conditions for deprivation have been fulfilled, and if so it is the Court that makes an order depriving the person of his or her citizenship.26 The Gambia Nationality and Citizenship Act, however gives the minister responsible the power to order that a person other than a person who is a citizen of The Gambia by birth or by descent be deprived of his or her Gambian citizenship, without the requirement to apply to the High Court.27 This is clearly in conflict with the constitutional procedure, and must be regarded as void. 3.2.2 Recovery of Citizenship Despite the permission for dual citizenship for citizens by birth established by section 12(A) of the constitution, persons who have lost their Gambian citizenship by birth or descent as a result of the acquisition of the citizenship of another country are only entitled to register as a Gambian citizen after renunciation of the citizenship of the other country.28 4. Current political debates and reform plans Currently, The Gambia is going through a transitional phase. This phase includes reforms such as drafting a new constitution for a Third Republic, following the removal of President Yahya Jammeh from office in 2017, after mass protests against his alleged re-election in 2016. 4.1 Constitutional Review Commission In December 2017, the National Assembly of The Gambia passed an Act establishing the Constitutional Review Commission (CRC). This Commission was mandated to come up with a new constitution that would lead The Gambia into a third republic. 29 In 2020, the CRC submitted the Final Draft Constitution to the president and it was eventually submitted to the National Assembly. This was after the CRC conducted a country consultation process with The Gambian people. The Bill was however not passed as it did not meet the required ¾ majority 25 Constitution of The Gambia, 1997. Section 13. Constitution of The Gambia, 1997, section 13(3) 27 Nationality and Citizenship Act, Cap 16:01, Laws of The Gambia, Vol. 4. 28 Constitution of The Gambia, 1997. Section 14. 29 Constitutional Review Commission Act 2017. 26 RSCAS/GLOBALCIT-CR 2021/7 - © 2021 Author(s) 9