The Gambia 2020 Draft Constitution

CHAPTER XVI. NATIONAL SECURITY

PART I. THE SECURITY SERVICES AND NATIONAL SECURITY COUNCIL

283. Principles of national security

1. The objective of national security is to protect The Gambia against internal and external threats to its territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.
2. The following principles govern national security in The Gambia-
   1. national security is subject to the authority of this Constitution and other laws;
   2. national security shall be pursued in compliance with this Constitution and other laws and with the utmost respect for the rule of law, democracy, and respect for fundamental rights and freedoms;
   3. in performing their functions and exercising their powers, national security services shall respect the people and their dignity, and the diversity and culture of the communities within The Gambia;
   4. recruitment by the Internal Security Service Commission and national security services generally shall reflect the diversity of the Gambian people; and
   5. national security shall, to the extent feasible, be people-centred to create harmony, tolerance and support for the work of the security services in the day-to-day performance of their duties.

284. Security services

1. The Security Services of The Gambia include–
   1. The Gambia Armed Forces;
   2. The Gambia Police Force;
   3. The Gambia Immigration Service;
   4. The Gambia Fire and Rescue Service;
   5. The Gambia Prison Service;
   6. The State Intelligence Service;
   7. The Gambia Revenue Authority;
   8. the Drug Law Enforcement Agency, The Gambia; and
   9. such other security service as may be established by an Act of the National Assembly.
2. The security services of The Gambia are subordinate to civilian authority.

285. National Security Council

1. There is established the National Security Council which shall comprise —
   1. the President, as Chairperson;
   2. the Vice-President, who may deputise in the absence and on the direction of the President;
   3. the Ministers responsible for defence, internal security, and justice;
   4. the Chief of Defence Staff;
   5. the Inspector General of Police;
   6. the Director-General of the State Intelligence Service; and
   7. the National Security Adviser to the President.
2. The National Security Council shall be responsible for advising the President on–
   1. all matters relating to the security of The Gambia, including measures necessary to keep the peace and security of the nation;
   2. the integration of domestic and foreign policies relating to the security of The Gambia;
   3. reforms that may be necessary to ensure and maintain a harmonized national security service to strengthen law enforcement in The Gambia; and
   4. measures that are necessary to ensure a well-trained and professional national security system that is effectively responsive to threats to, and the protection of, The Gambia.
3. Under the direction of the President, the National Security Council shall take appropriate measures to safeguard the internal and external security of The Gambia, and ensure the co-operation of the Departments and agencies of the Government in that regard.
4. The President may, whenever he or she considers it necessary, invite the head of any other security service who is not a member of the National Security Council, to attend and assist the Council with respect to any matter relating to national security.

PART II. THE ARMED FORCES

286. The Gambia Armed Forces

1. There is established The Gambia Armed Forces which shall be under the authority and direction of the President.
2. The Gambia Armed Forces shall consist of the Army, the Navy and the Air Force, and such other services for which provision is made by an Act of the National Assembly.
3. Subject to subsection (1), the Chief of Defence Staff shall be responsible for the operational control and administration of The Gambia Armed Forces.
4. No person or authority shall raise an armed force except by or under the authority of an Act of the National Assembly.
5. The President shall not deploy any troops outside The Gambia without the approval of the National Assembly.
6. The Gambia Armed Forces shall be equipped and maintained to perform their role of defending and preserving the sovereignty and territorial integrity of The Gambia, including–
   1. assisting and cooperating with other authorities in situations of emergency or disaster, and to report to the National Assembly whenever deployed in such circumstances; and
   2. restoring peace to any part of The Gambia affected by unrest or instability.
7. An Act of the National Assembly shall make provision–
   1. for such other functions and duties of The Gambia Armed Forces as may be considered necessary;
   2. outlining the internal structures and commands of The Gambia Armed Forces;
   3. for the establishment of an Armed Forces Council, including its composition, functions and all other related matters;
   4. subject to section 287, for the appointment, discipline and removal of members of The Gambia Armed Forces; and
   5. for such other matters as may be considered necessary to maintain efficiency, effectiveness and discipline in The Gambia Armed Forces.

287. Appointments in The Gambia Armed Forces

1. The President shall appoint-
   1. the Chief of Defence Staff of The Gambia Armed Forces;
   2. the Chief of Staff of The Gambia Armed Forces; and
   3. the Commanders of the Army, the Navy and the Air Force.
2. A person shall not be qualified for appointment in accordance with subsection (1) if he or she–
   1. is not a citizen of The Gambia;
   2. holds the citizenship or nationality of any other country; or
   3. is not a person of high moral character and proven integrity.
3. The President may remove from office the Chief of Defence Staff, the Chief of Staff of The Gambia Armed Forces, or the Commander of the Army, the Navy or the Air Force.
4. An Act of the National Assembly shall make provision–
   1. for appointment by the President of commanders of any formation or unit of The Gambia Armed Forces;
   2. for the grant by the President of commissions in The Gambia Armed Forces; and
   3. to otherwise give full effect to this Part.

PART III. THE POLICE SERVICE

288. The Gambia Police Service

1. There is established The Gambia Police Service.
2. The Gambia Police Service is a national service institution and shall function throughout The Gambia.

289. Objects and functions of The Gambia Police Service

The Gambia Police Service shall–

1. have responsibility for investigating and preventing crime, protecting life and property, maintaining law and order and ensuring public safety;
2. strive for the highest standards of professionalism and discipline among its members;
3. prevent corruption and promote and practice discipline, transparency and accountability within the Service;
4. have utmost respect for the rule of law which shall at all times guide the execution of its duties and responsibilities;
5. comply with standards of human rights and fundamental freedoms and respect for human dignity;
6. train staff to the highest possible standards of competence and integrity; and
7. foster and promote harmonious relationships with the broader Gambian society.

290. Head of The Gambia Police Service

1. There is established the Office of Inspector-General of Police which shall be a public office in the security service.
2. The Inspector-General of Police shall be the head of The Gambia Police Service appointed by the President.
3. The Inspector General of Police shall exercise independent command over The Gambia Police Service, and perform any other functions prescribed by an Act of the National Assembly.
4. The Minister responsible for internal security may only give direction to the Inspector-General of Police with respect to matters of policy for The Gambia Police Service but, save as provided in section 131 (6), no person may give any direction to the Inspector-General of Police with respect to the–
   1. investigation of any particular offence or offences;
   2. enforcement of the law against any particular person or persons; or
   3. employment, assignment, promotion, suspension or dismissal of any member of The Gambia Police Service.
5. Any direction given to the Inspector-General of Police by the Minister responsible for internal security under subsection (4) shall be in writing.

291. Removal from office

The Inspector-General of Police may only be removed from office by the President on the ground of–

1. serious violation of this Constitution or any other law, including a contravention of Chapter VI;
2. gross misconduct or misbehaviour;
3. inability to perform the functions of his or her office, whether arising from infirmity of body or mind; or
4. bankruptcy or entering into an arrangement with creditors.

PART IV. INTERNAL SECURITY SERVICE COMMISSION

292. Establishment of the Internal Security Service Commission

1. There is established the Internal Security Service Commission.
2. The Internal Security Service Commission shall comprise–
   1. a person who is, or is qualified to be appointed as, a judge of the High Court, as Chairperson;
   2. three persons, not serving in any of the security services, who–
      1. are citizens of The Gambia;
      2. are fit and proper with knowledge of, or experience in, matters relating to the security service sector of The Gambia; and
      3. is of high moral character and proven integrity; and
   3. one person, not being a public officer, with knowledge and experience in administration and management in public service affairs.
3. The members of the Internal Security Service Commission shall be appointed by the President after consultation with the National Security Council.

293. Functions and powers of the Internal Security Service Commission

1. Subject to subsection (2) and this Constitution, the Internal Security Service Commission shall–
   1. appoint persons to hold or act in offices, confirm appointments, and determine promotions within–
      1. The Gambia Police Service;
      2. The Gambia Fire and Rescue Service;
      3. The Gambia Prison Service
      4. The Gambia Immigration Service; and
      5. the Drug Law Enforcement Agency, The Gambia.
   2. observing due process, exercise disciplinary control over and remove persons holding or acting in offices within its jurisdiction; and
   3. perform any other functions prescribed by an Act of the National Assembly.
2. The Internal Security Service Commission may delegate to a relevant security service the performance of any of its functions in relation to security personnel at junior ranks.

294. Qualifications and disqualifications

1. A member of the Internal Security Service Commission shall be a person who is
   1. a citizen of The Gambia;
   2. a fit and proper person with knowledge of, or experience in, law enforcement, legal or judicial service, administration, management or the provision of security services; and
   3. of high moral character and proven integrity.
2. A person shall not be qualified to be appointed a member of the Internal Security Service Commission, if he or she—
   1. unless an ex-officio member, is a member of the public service or a member of a disciplined force;
   2. is a member of the National Assembly or any other elective body;
   3. is a member of the governing body of a Statutory Body or State Owned Enterprise;
   4. is an office holder in, or member of, the executive body of a political party;
   5. has, within the two years preceding his or her appointment, been nominated as a candidate in an election to the National Assembly; or
   6. is otherwise disqualified from holding an office in the public service.
3. A member of the Internal Security Service Commission is disqualified for appointment to any office in the security services of The Gambia during a period of three years after he or she ceased to be a member of the Commission.

295. Tenure, independence and removal of Internal Security Service Commissioners

1. Subject to subsection (3), the members of the Internal Security Service Commission shall be appointed for a term of three years, subject to renewal for one more term.
2. In the exercise of its functions, the Internal Security Service Commission shall be independent and shall not be subject to the direction or control of any other person or authority, except that it shall take into account Government policy relating to the security service sector.
3. The provisions of section 218 shall, with necessary modifications, apply with respect to the removal from office of a non-ex-officio member of the Commission.