The Gambia 2020 Draft Constitution

CHAPTER I. THE REPUBLIC AND SOVEREIGNTY OF THE PEOPLE

1. The Republic

1. The Gambia is a Sovereign Republic.
2. The Gambia is a multi-party democratic State founded on respect for the rule of law and the national values and principles of governance enshrined in this Constitution.
3. The Gambia comprises people of different faiths and every faith shall be respected and treated fairly without any discrimination.

2. Sovereignty of the people

1. All sovereign power belongs to the people of The Gambia from whom all organs of government derive their authority and shall be exercised only in accordance with this Constitution.
2. The people of The Gambia may exercise their sovereign power either directly or through their democratically elected representatives.
3. Sovereign power under this Constitution is delegated by the people of The Gambia to the following State organs, which shall perform their functions in accordance with this Constitution–
   1. the Executive;
   2. the National Assembly; and
   3. the Judiciary.
4. The organs of government shall exercise their delegated powers and perform their functions in the name, and for the welfare and prosperity, of the people of The Gambia.
5. The Local Government Authorities are an important institution of the State and shall exercise such powers as are conferred under this Constitution and any other law.

3. The territory of The Gambia

The Gambia consists of the territory of The Gambia and the territorial waters and airspace comprising The Gambia and any additional territory and territorial waters as defined by an Act of the National Assembly.

4. National symbols

1. The national symbols of The Gambia are–
   1. the National Flag;
   2. the National Anthem;
   3. the Coat of Arms; and
   4. the Public Seal.
2. The National Flag, National Anthem, and Coat of Arms, shall be those in existence immediately before this Constitution came into force.
3. The Public Seal shall be the seal in existence immediately before this Constitution came into force or such other seal as may be prescribed by an Act of the National Assembly.
4. The Public Seal shall be used exclusively for authenticating matters of State and no person or organisation, other than the Government of The Gambia and those persons who may be authorised in accordance with an Act of the National Assembly, may use the design of the Public Seal or any design resembling it as such person’s organisation’s emblem.

5. Decentralisation of government

1. The Gambia is divided into seven administrative areas as outlined in Schedule 1.
2. A State organ shall ensure reasonable access to its services in all parts of The Gambia, so far as it is appropriate to do so having regard to the nature of the service.
3. A Local Government Authority shall ensure reasonable access to its services in all areas it has jurisdiction over, so far as it is appropriate to do so having regard to the nature of the service.
4. The Government and Local Government Authorities shall cooperate and work with each other to promote–
   1. the interests of all Gambians;
   2. the development of each administrative area;
   3. unity, cohesion and peace between and amongst all Gambians;
   4. the ethnic, religious, cultural and language diversity of all Gambians as a source of national pride and unity; and
   5. the development and use of local languages, including Gambian sign language, Braille and other communication formats and technologies accessible to persons with disabilities, including the use of Gambian sign language in public events, health institutions and news broadcasting.

6. National days

1. The national days are–
   1. Independence Day – 18th February; and
   2. Republic Day – 24th April.
2. A national holiday shall be a public holiday.
3. The National Assembly may enact legislation prescribing other public holidays, and providing for observance of public holidays.