CHAPTER I. THE REPUBLIC AND SOVEREIGNTY OF THE PEOPLE 1. The Republic 2. Sovereignty of the people 3. The territory of The Gambia 4. National symbols 5. Decentralisation of government 6. National days CHAPTER II. THE CONSTITUTION AND THE LAWS 7. Supremacy of the Constitution 8. Defence of the Constitution 9. Enforcement of the Constitution 10. Laws of The Gambia CHAPTER III. NATIONAL VALUES AND PRINCIPLES 11. National values and governance 12. Culture 13. Duties of citizens CHAPTER IV. CITIZENSHIP 14. Citizenship on the commencement of this Constitution 15. Citizenship by birth 16. Citizenship by registration 17. Citizenship by naturalisation 18. Dual citizenship 19. Deprivation of citizenship 20. Restoration of citizenship 21. Act of the National Assembly on citizenship 22. Interpretation of Chapter IV CHAPTER V. LEADERSHIP AND INTEGRITY 23. Application of this Chapter and guiding principles 24. Responsibilities of leadership 25. Conduct and oath of office of public officers 26. Financial probity of public officers 27. Restrictions on the activities of public officers 28. Obligations of persons dealing with public officers in the service of the State 29. Consequence for contraventions 30. Legislation on Leadership CHAPTER VI. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS PART I. GENERAL PROVISIONS ON FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 31. Fundamental human rights and freedoms 32. Application of fundamental human rights and freedoms 33. Implementation of fundamental human rights and freedoms 34. Enforcement of fundamental human rights and freedoms 35. Authority of courts to uphold and enforce this Chapter 36. Limitation of fundamental human rights and freedoms 37. Fundamental human rights and freedoms that shall not be limited PART II. SPECIFIC RIGHTS AND FREEDOMS 38. Right to life 39. Protection of liberty 40. Protection from slavery, servitude, human trafficking and forced labour 41. Right to human dignity and protection against torture and inhuman treatment 42. Protection of right to property 43. Right to privacy 44. Right to fair administrative action 45. Right to fair trial 46. Freedom of expression 47. Freedom of the media 48. Access to information 49. Freedom of religion and conscience 50. Freedom of assembly 51. Freedom of association 52. Freedom of movement 53. Political rights 54. Right to marry and found a family 55. Rights of women 56. Rights of children 57. Right to education 58. Rights of persons with disabilities 59. Cultural rights 60. Right to fair labour practices 61. Right to clean environment 62. Economic and social right 63. Rights of the elderly 64. Rights of the youth 65. Consumer protection rights 66. Right to development 67. Right of the sick 68. Gender balance and fair representation of marginalised groups 69. Protection from discrimination 70. Declaration of state of public emergency 71. Derogations from fundamental human rights under emergency powers 72. Persons detained under emergency powers 73. Interpretation of Chapter VI CHAPTER VII. REPRESENTATION OF THE PEOPLE PART I. FRANCHISE 74. General principles for the electoral system 75. The right to be registered and to vote 76. Candidates for election and compliance with code of conduct 77. Eligibility to contest as an independent candidate 78. Secret ballot 79. Electoral laws 80. Obligations of Independent Boundaries and Electoral Commission at every public election PART II. THE INDEPENDENT BOUNDARIES AND ELECTORAL COMMISSION 81. Establishment and membership of the Independent Boundaries and Electoral Commission 82. Functions of the Commission 83. Electoral boundaries PART III. POLITICAL PARTIES 84. Political parties CHAPTER VIII. EXECUTIVE PART I. GUIDING PRINCIPLES OF EXECUTIVE AUTHORITY AND GENERAL DUTIES 85. Principles of executive authority 86. The Executive PART II. OFFICE OF PRESIDENT, POWERS AND DUTIES 87. Office of President 88. Powers of President 89. Duty to attend and address the National Assembly 90. Decisions of the President 91. Temporary succession to the Office of President PART III. ELECTION TO THE OFFICE OF PRESIDENT 92. Election of President 93. Qualifications for election as President 94. Disqualifications for election as President 95. Nomination of candidates for President 96. Procedure on nomination of candidates for President 97. Procedure of election of President 98. Declaring winner of presidential election 99. Death of President-elect before assumption of Office 100. Assumption of Office of President 101. Challenging validity of election of President PART IV. TERMS AND CONDITIONS OF OFFICE OF PRESIDENT 102. Term of office of President 103. Disclosure obligations of President 104. Restrictions regarding Office of President 105. Immunity of President from legal proceedings 106. Vacancy in the Office of President 107. Removal of President by reason of mental or physical incapacity 108. Removal of President by impeachment 109. Salary and allowance PART V. OTHER OFFICES IN THE EXECUTIVE i. Vice President and Ministers 110. Office of Vice President 111. Qualifications and disqualification of Vice President 112. Functions of the Vice President 113. Vacancy in the Office of Vice President 114. Revocation of appointment of Vice President 115. Appointment of Ministers 116. Qualifications and disqualifications of Ministers 117. Vacancy in Office, and revocation of appointment, of Minister 118. Functions and incidents of Office 119. Disclosure obligations of Vice President and Ministers 120. Restrictions regarding Office of Vice President and Minister 121. Responsibility of the Vice President and Ministers to the National Assembly 122. Vote of censure ii. The Cabinet 123. Establishment and composition of the Cabinet 124. Functions of Cabinet 125. Secretary to Cabinet iii. Other Powers of the President 126. International relations 127. Establishment of Prerogative of Mercy Committee 128. Exercise of the power of mercy 129. Honours and awards iv. Other Public Offices 130. The President’s Chief of Staff 131. Director of Public Prosecutions 132. Private Prosecutions 133. Solicitor General and Legal Secretary CHAPTER IX. THE LEGISLATURE PART I. PRINCIPLES OF PARLIAMENTARY GOVERNANCE 134. Governing Principles 135. Duties generally PART II. ESTABLISHMENT AND COMPOSITION OF THE NATIONAL ASSEMBLY 136. Establishment and composition of the National Assembly 137. Qualifications for membership to the National Assembly 138. Disqualifications for membership of the National Assembly 139. Election of members of the National Assembly 140. Term of the National Assembly 141. Vacancy in the office of member of the National Assembly 142. Suspension of members of the National Assembly 143. Determining question of membership 144. Recall of members PART III. LEADERS OF THE NATIONAL ASSEMBLY 145. The Speaker 146. Deputy Speaker 147. Election of Speaker and Deputy Speaker 148. Taking oaths and vacating office 149. Majority and Minority Leaders 150. Remuneration and allowances PART IV. SESSIONS AND SITTINGS OF THE NATIONAL ASSEMBLY 151. Sessions of the National Assembly 152. Sittings of the National Assembly PART V. LEGISLATION AND OTHER POWERS OF THE NATIONAL ASSEMBLY 153. The legislative power 154. Introduction of Bills and Motions PART VI. PROCEDURE IN THE NATIONAL ASSEMBLY 155. Presiding in the National Assembly 156. Vacancy and quorum 157. Language in the National Assembly 158. Voting in the National Assembly 159. Unqualified person sitting or voting 160. Regulation of procedure in National Assembly 161. Committees of the National Assembly 162. Contempt of the National Assembly 163. Public’s right to petition the National Assembly PART VII. RESPONSIBILITES, PRIVILEGES AND IMMUNITIES 164. Responsibilities of members 165. Freedom of speech, privileges and immunity of members 166. Privileges of witnesses PART VIII. NATIONAL ASSEMBLY SERVICE AND NATIONAL ASSEMBLY SERVICE COMMISSION 167. Establishment of the National Assembly Service 168. Establishment of the National Assembly Service Commission 169. Functions of the National Assembly Service Commission 170. Clerk and staff of the National Assembly CHAPTER X. JUDICIARY PART I. PRINCIPLES GOVERNING THE ADMINISTRATION OF JUSTICE 171. Principles of justice 172. Judicial authority 173. Independence of the Judiciary PART II. OFFICE OF CHIEF JUSTICE AND JUDICIAL SYSTEM 174. Establishment of the Office of Chief Justice 175. The courts and judicial power PART III. THE SUPERIOR COURTS AND JURISDICTION i. The Supreme Court 176. Establishment, composition and general powers of the Supreme Court 177. Jurisdiction of the Supreme Court 178. Supervisory jurisdiction 179. Original jurisdiction 180. Appellate jurisdiction 181. Power of the Supreme Court to review its decision ii. The Court of Appeal 182. Establishment and composition of the Court of Appeal 183. Jurisdiction of the Court of Appeal iii. The High Court 184. Establishment and composition of the High Court 185. Jurisdiction of the High Court 186. Supervisory jurisdiction iv. The Shari’ah High Court 187. Establishment and composition of the Shari’ah High Court 188. Jurisdiction of the Shari’ah High Court 189. Supervisory jurisdiction PART IV. THE JUDGES 190. Appointment of Chief Justice and other judges 191. Qualification for appointment of judges 192. Vacancy in Office of Chief Justice 193. Tenure of office of judges 194. Removal from office 195. Remuneration and retirement benefits of judges PART V. ADMINISTRATION OF THE COURTS 196. Establishment of Office of Judicial Secretary 197. Administrative provisions 198. Financial matters PART VI. THE JUDICIAL SERVICE COMMISSION 199. Establishment and composition of the Judicial Service Commission 200. Appointment of judicial officers and Judiciary staff 201. Other functions of the Commission 202. Operation and procedure CHAPTER XI. LOCAL GOVERNMENT AND DECENTRALISATION PART I. PRINCIPLES OF DECENTRALISED LOCAL GOVERNMENT 203. Principles of decentralised government 204. System of local government PART II. ESTABLISHMENT AND COMPOSITION OF LOCAL GOVERNMENT AUTHORITIES 205. Establishment and composition of Local Government Authorities 206. Functions and powers of Local Government Authorities 207. Loans and grants PART III. ELECTION AND TERMS AND CONDITIONS OF APPOINTMENT OF MEMBERS OF LOCAL GOVERNMENT AUTHORITIES 208. Election of members of Local Government Authorities 209. Term of Local of Government Authorities 210. Financial autonomy and accountability PART IV. OTHER OFFICES OF LOCAL GOVERNMENT AUTHORITIES (SEYFO AND ALKALO) 211. Institution and election or appointment of Seyfo and Alkalo 212. Prohibition from participation in partisan politics 213. Tenure and removal of Seyfo and Alkalo CHAPTER XII. INDEPENDENT INSTITUTIONS PART I. ESTABLISHMENT OF INDEPENDENT INSTITUTIONS AND OFFICES 214. Establishment of independent institutions and offices 215. Objects and funding of Independent Institutions and Offices 216. Appointments and term of office 217. Qualifications and disqualifications 218. Removal from office 219. Finance 220. Reporting obligation PART II. NATIONAL HUMAN RIGHTS COMMISSION 221. Composition, functions and powers PART III. ANTI-CORRUPTION COMMISSION 222. Composition, functions and powers PART IV. THE OMBUDSPERSON 223. Composition, functions and powers PART V. THE AUDITOR-GENERAL AND NATIONAL AUDIT OFFICE 224. The Auditor-General 225. Functions of the Auditor-General 226. Powers of the Auditor-General 227. Auditor-General’s report 228. National Audit Office PART VI. CENTRAL BANK OF THE GAMBIA 229. Central Bank 230. Objects and functions PART VII. COMMISSIONS OF INQUIRY 231. Commission of Inquiry 232. Presiding Commissioner 233. Functions and powers of Commission of Inquiry 234. Publication of report 235. Adverse findings 236. Immunities of witnesses 237. National Assembly to make further provision CHAPTER XIII. PUBLIC FINANCE PART I. PRINCIPLES OF PUBLIC FINANCE MANAGEMENT 238. Principles of public finance 239. Government financial support to Local Government Authorities PART II. TAXATION 240. Imposition, waiver and variation of tax PART III. PUBLIC FUNDS 241. Consolidated Revenue Fund 242. Withdrawals from Consolidated Revenue Fund and other funds 243. Contingencies Fund 244. Development Fund 245. Salaries charged on the Consolidated Revenue Fund 246. Accountability PART IV. LOANS, GRANTS, GOVENRNMENT GUARANTEES AND PUBLIC DEBTS 247. Loans 248. Limits of state borrowings, public debts and state guarantees 249. The public debt PART V. BUDGET 250. Annual estimates and appropriation bill 251. Expenditure before annual budget is passed 252. Supplementary appropriation PART VI. PUBLIC PROCUREMENT 253. Public procurement of goods, works and services CHAPTER XIV. LAND, ENVIRONMENT AND NATURAL RESOURCES PART I. PRINCIPLES OF EQUITABLE USE OF LAND, ENVIRONMENT AND NATURAL RESOURCES 254. Principles of land, environment and natural resources policy 255. Promotion of agriculture PART II. LAND, ENVIRONMENT AND NATURAL RESOURCES COMMISSION 256. Establishment and composition of the Commission 257. Powers and functions of the Commission 258. Qualifications, disqualifications and removal from office 259. Independence of the Commission PART III. GENERAL PROVISIONS 260. Land ownership 261. Land holding by non-citizens CHAPTER XV. THE PUBLIC SERVICE PART I. THE PUBLIC SERVICE OF THE GAMBIA 262. The public service of The Gambia 263. Offices in the public service 264. Appointment to and removal from offices in the public service 265. Secretary General and Head of the Civil Service 266. Qualifications, disqualifications, tenure and removal of the Secretary General 267. Permanent Secretaries 268. Protection of public officers 269. Restriction on political activities of public officers 270. Retirement age 271. Pensions 272. Protection of pension rights PART II. SERVICE COMMISSIONS 273. Establishment, composition and general functions of service commissions 274. Powers and functions of service commissions 275. Secretariat of the service commissions PART III. GENERAL PROVISIONS ON SERVICE COMMISSIONS 276. Qualifications, disqualifications and tenure of members of service commissions 277. Additional powers and independence of service commissions PART IV. STATE OWNED ENTERPRISES 278. Appointment, qualifications, disqualifications and removal of board members of State Owned Enterprises 279. Chief Executive Officer 280. Qualifications, disqualifications and removal of Chief Executive Officer 281. Monitoring body 282. Reporting CHAPTER XVI. NATIONAL SECURITY PART I. THE SECURITY SERVICES AND NATIONAL SECURITY COUNCIL 283. Principles of national security 284. Security services 285. National Security Council PART II. THE ARMED FORCES 286. The Gambia Armed Forces 287. Appointments in The Gambia Armed Forces PART III. THE POLICE SERVICE 288. The Gambia Police Service 289. Objects and functions of The Gambia Police Service 290. Head of The Gambia Police Service 291. Removal from office PART IV. INTERNAL SECURITY SERVICE COMMISSION 292. Establishment of the Internal Security Service Commission 293. Functions and powers of the Internal Security Service Commission 294. Qualifications and disqualifications 295. Tenure, independence and removal of Internal Security Service Commissioners CHAPTER XVII. NATIONAL YOUTH DEVELOPMENT 296. Principles of youth development 297. Obligations of the State to the youth 298. Consultation with the youth CHAPTER XVIII. THE NATIONAL COMMISSION FOR CIVIC EDUCATION 299. Establishment, composition and finances of National Commission for Civic Education 300. Qualifications and disqualifications 301. Functions of the Commission CHAPTER XIX. AMENDMENT OF THIS CONSTITUTION 302. Amendment of this Constitution 303. Amendment of entrenched provisions 304. Amendment of non-entrenched provisions 305. Certificate of compliance with the Constitution 306. Interpretation CHAPTER XX. MISCELLANEOUS PART I. APPOINTMENTS, RESIGNATIONS, ETC 307. Acting appointments 308. Appointment of Chairperson and Vice Chairperson of Statutory Bodies 309. Resignations 310. Re-appointments and concurrent appointments 311. Exercise of discretionary power 312. Duty to provide reasons for adverse decisions 313. Duty not to act on an unlawful directive 314. Power to legislate for and publish matters in this Constitution PART II. GENERAL 315. Interpreting this Constitution 316. Interpretation 317. Construction of various powers 318. Transitional and consequential provisions 319. Repeal SCHEDULE 4. [Sections 303 and 318] TRANSITIONAL AND CONSEQUENTIAL PROVISIONS 1. Interpretation 2. Existing laws 3. Rights, duties and obligations 4. The Executive 5. Term of office of incumbent President 6. Disclosure of assets, etc 7. The National Assembly 8. Term and language of the National Assembly 9. Convening of next National Assembly and Standing Orders 10. The Judiciary 11. Judges 12. Cadis 13. Local Government Authorities 14. Electoral boundaries 15. Existing offices 16. Service Commissions 17. Independent institutions and offices 18. Commission for implementation of the Constitution 19. Establishment of National Assembly Select Committee 20. Financial support to the Commission 21. Commissions of Inquiry 22. Enforcement of other provisions of this Constitution
The youth are an important asset in the national development of The Gambia and shall be factored in all affairs of State policy to ensure their development and effective participation in nation building.
The following principles apply in relation to youth development and participation in nation building–
the State is, among other things, built on the strength, ability, competence, professionalism and capacity of its people of which the youth are an important constituency;
the youth shall be adequately trained for public life in order to engender in them the national values and principles set out in this Constitution and any Act of the National Assembly, and prepare them to conduct themselves professionally and ethically;
youth participation and inclusion is essential in building and fostering national unity, cohesion, peace, patriotism and service to the people;
the youth shall be afforded opportunities to serve their country on the principle of equality and fair treatment, commitment, service to State, non-discrimination (whether as to language, ethnicity, religion, background, or otherwise) and love for nation; and
every support shall be provided to the youth to enable them to develop and realise their full potential.
An Act of the National Assembly may provide further principles as it may consider necessary to strengthen the development of the youths of The Gambia.
The Government shall, within three years of the coming into force of this Constitution–
establish such schemes and institutions that will further the training and development of the youth;
strengthen any existing scheme or institution related to the youth to facilitate the overall development of the youth; and
provide adequate funding to realise the matters specified in paragraphs (a) and (b).
The matters specified under subsection (1) shall be provided on an ongoing basis.
The State shall promote and protect the rights of the youth, and shall take positive measures to eliminate policies and practices that may hinder the growth, development and advancement of the youth.
The Government shall, in any matter concerning the development of policies and decision making relating to or affecting the youth specifically, consult the youth to receive their opinions on such policies and decisions.
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