Report on Citizenship Law: The Gambia
Under the British Nationality Act 1948, indigenous residents of The Gambia were
either “citizens of the UK and colonies” (CUKCs), if born in the Colony, or “British protected
persons” (BPPs), if born in the Protectorate (unless they had another nationality – such as
French, derived from the surrounding former French territories).
2.2 Acquisition of Gambian citizenship at the transition to independence
All the territories within either The Gambia Colony or The Gambia Protectorate before
independence formed the new state of The Gambia. The constitution of the newly independent
country was promulgated by The Gambia Independence Order, 1965, and came into force on
18 February 1965.4
According to section 1(1) of the Independence Constitution, citizenship was
automatically attributed at independence to any person (formerly a British CUKC or BPP) with
one parent or grandparent born in the country:
Every person who, having been born in The Gambia, is on 17th February 1965 a citizen
of the United Kingdom and Colonies or a British protected person shall become a
citizen of The Gambia on 18th February 1965:
Provided that a person shall not become a citizen of The Gambia by virtue of this
subsection if neither of his parents nor any of his grandparents was born in The Gambia.
Section 1(2) also provided for automatic attribution to those who had naturalised locally as a
CUKC in The Gambia, a procedure available under the British Nationality Act 1948:
Every Person who, on 17th February 1965, is a citizen of United Kingdom and
Colonies(a) Having become such a citizen under the British Nationality Act 1948 by virtue of
his having been naturalised in The Gambia as a British subject before that Act came
into force; or
(b) Having become such a citizen by virtue of his having been naturalised or registered
in The Gambia under that Act, shall become a citizen of The Gambia on 18th
February 1965.
Section 2 of the Independence Constitution established rules for certain persons to be registered
as citizens as of right by virtue of a connection with The Gambia before independence,
including those who were themselves born in The Gambia but who did not have a parent or
grandparent born in The Gambia.
2.3 Acquisition and loss of citizenship under the 1965 constitution
Section 3 of The Gambia Independence Constitution of 1965 provided for citizenship for
persons born in after independence. A ius soli rule was adopted, providing for citizenship to be
attributed at birth to any person born in The Gambia. This did not apply if the father was a
diplomat or a citizen of a country at war with The Gambia; but this exclusion itself did not
apply if the mother was a citizen:
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Constitution of The Gambia, schedule 3 to The Gambia Independence Order, 1965, No. 135.
RSCAS/GLOBALCIT-CR 2021/7 - © 2021 Author(s)
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