Citizenship
Being Born in the Gambia is not enough to make one a citizen of the Gambia.
In the Gambia, the rules governing citizenship are provided for in the Constitution of The Gambia and the Nationality and Citizenship Act 1965 respectively.
With specific reference to the 1997 Constitution (Section; 9, 10, 11, 12 and 13) and The Nationality and Citizenship Act, acquisition of citizenship of the Gambia can be mainly by Birth, Descent, Registration/Naturalization and Declaration.
Every person born in the Gambia after the coming into force of the 1997 constitution shall presumed to be a citizen of the Gambia by birth if at the time of his/her birth one of his or her parents is a citizen of the Gambia.
Under the 1997 constitution and laws governing citizenship, no matter how long a person lives and reside in the Gambia, citizenship can only be attained if at the time of birth of a person one of his or her parents is a citizen of the Gambia either by birth, descent, naturalization, marriage and or registration. Does by declaration cover the children of the person at birth?
It is instructive to understand that because of the Gambia’s commitment under her international obligations, in particular the Convention on Statelessness, which provides among other things for state parties to adopt all legal and affirmative steps not to render person stateless, in the Gambia, any person born in the Gambia is registered and issued a birth certificate. However, such registration must not be misconstrued to mean citizenship of such person.
The 1997 Constitution of the Gambia provides “a person born outside the Gambia after the coming into the force of this constitution shall be a citizen of the Gambia by descent if at the time of his or her birth either of his or her parents is a citizen of the Gambia otherwise than by virtue of this section or any comparable provision of any earlier constitution”.
What the above constitutional provision defined is that, a person born to a Gambian parent who at the time of his or her birth, his or her parent(s) is/are ordinarily residence outside the Gambia is a citizen by descent.
The constitution provides that any person who-
(a) Is married to a citizen of the Gambia and, since the marriage, has been ordinarily resident in the Gambia for a period of not less than seven years or; and
(b) has been married to another person who was, during the subsistence of the marriage a citizen of the Gambia and since the end of the marriage (whether by annulment, divorce or death) has been ordinarily resident in the Gambia for a period of not less than seven years, shall be entitled, upon making application in such manner as may be prescribe by or under an Act or the National Assembly, to be registered as a citizen of the Gambia.
The above constitutional provision gives an explanation of how one can become citizen of the Gambia by marriage. It defines that on the anniversary of a non-Gambian getting married to a Gambian and that if such matrimonial relationship exist for seven years, such partner in the marriage who at the time is not a Gambian may apply in a prescribed manner to be declared citizen on the subsistence of the said marriage.
The constitution provides ‘’that a person who is not a citizen of the Gambia but who has been ordinarily residing in the Gambia for a continuous period of not less than 15 years may, apply in a prescribe manner to be register as a citizen of the Gambia by means of naturalization’’.
This particular provision open up invitation to those who desire becoming Gambian citizen but may not either opt or qualify for becoming citizens by birth, descent or marriage to become citizen. Before one qualifies under this part, proof of not less than fifteen years residence in the country, good character and other qualifying requirements will be provided under the part dealing with eligibility criteria for naturalization must be presented and displayed.
It is instructive to note that, having acquired citizenship in any other forms order than by birth or descent, means that such status can be revoked by the Minister of Interior on the evidence that a person who is granted with citizenship through naturalization has ceased being loyal and showing allegiance to the Republic or where he is considered by evidence that he or she still continues to enjoy those rights and privileges vested on him or her in his or her country of aboard.
The 1997 Constitution equally provides that “any person who –
(a) Is married to a citizen of The Gambia and, since the marriage, has been ordinarily resident in The Gambia for a period of not less than seven years ; or
(b) Has been married to another person who was, during the subsistence of the marriage a citizen of The Gambia and, since the end of the marriage (whether by annulment, divorce or death), has been ordinarily resident in the Gambia for a period of not less than seven years, shall be entitled, upon making application in such manner as may be prescribed by or under an Act of the National Assembly, to be registered as a citizen of The Gambia”.
As we have discussed, naturalization and registration are bases for a person to acquire Gambian citizenship. For this purpose, the processes as well as requirements that one will be required to fulfill shall be discussed below in summary:
- Documents such as permit copies, alien cards and other requirements as the case may be shall be producedfor verification and evidence based proof;
- The 19 questions form shall be completed by two responsible person(s) who knows and have knowledge about the applicant’s behavior, conduct, attitude and other antecedents;
- A form otherwise known as the FORM 20 shall be filled and returned;
- A written narrative detailing the account of the applicant’s “LIFE HISTORY”shall be completed;
- 4 passport size photographs;
- Marriage certificates where applicable;
- Birth certificates of spouse and children of the applicants;
- Certificate of character issued by the Inspector General of Police
- Registration certificates of business(es) owned by applicant
This part regulates registering minors who at the time of their birth, their parents were not Gambian but who later become Gambian either through naturalization or marriage.
Such person(s) having attained the age of maturity (18) can be formally registered as citizens of the Gambia by their parent who happens to naturalized or register through marriage for such child to also enjoy a similar status to the parent registering him or her.
Another avenue available to a person who is not a citizen at the time the parents got naturalized or register as citizen of the Gambia, is to apply by him or herself after attaining the age of puberty and with the evidence that he or she has continuously live and reside in the Gambia for a period not less than 15 years and for a period not less than 7 years in case of a person adopting to the option of marrying to a Gambian on the basis of marriage.
The fundamental issue for resorting to this particular process for legitimizing ones status in this manner is that under our current laws, just for a person to be a child to a person who naturalized as a Gambian citizen, in essence does not make you a Gambian. One can only enjoy such rights when one is born after his or her parent had legally naturalized or registered as a citizen of the Gambia.
The Constitution of the Gambia provides avenue for a Gambian citizen who wishes to formally renounce citizenship of the Gambia to do so. Such citizen, as a matter of procedure, shall fill a prescribed form; return his or her Gambian national documents such as, passport(s) and ID card to the Ministry of Foreign Affairs who shall then convey same to the Office of the President for approval. Once the approval is secured, it is conveyed back to the Ministry of Foreign Affairs where the applicant will be called upon to collect his or her renunciation certificate. The effect of this on a citizen is that it makes one ceased to enjoy the rights and privileges for which a Gambian citizen is entitled to. Another implication of this is that it can make a person stateless most especially if one renounces before acquiring citizenship of another country or when one application of acquiring another state citizenship is been rejected while his native citizenship has already been lost through a preceding renunciation request and process.
Restoration of citizenship is a right subject to an obligation on the part of a citizen of the Gambia who formally renounces his or her citizenship of the Gambia. Such a person, may in a prescribed manner apply for the restoration of his or her citizenship even though, at the time, he or she continues to enjoy the citizenship of another country. However, the constitution of the Gambia provides the opportunity for Gambians to hold and enjoy dual citizenship, but beneficiaries of such cannot by law, contest for presidency, National Assembly Elections, serve in the military among others.
Citizenship by Birth
Every person born in the Gambia after the coming into force of the 1997 constitution shall presumed to be a citizen of the Gambia by birth if at the time of his/her birth one of his or her parents is a citizen of the Gambia.
Under the 1997 constitution and laws governing citizenship, no matter how long a person lives and reside in the Gambia, citizenship can only be attained if at the time of birth of a person one of his or her parents is a citizen of the Gambia either by birth, descent, naturalization, marriage and or registration. Does by declaration cover the children of the person at birth?
It is instructive to understand that because of the Gambia’s commitment under her international obligations, in particular the Convention on Statelessness, which provides among other things for state parties to adopt all legal and affirmative steps not to render person stateless, in the Gambia, any person born in the Gambia is registered and issued a birth certificate. However, such registration must not be misconstrued to mean citizenship of such person.
Citizenship by Decent
The 1997 Constitution of the Gambia provides “a person born outside the Gambia after the coming into the force of this constitution shall be a citizen of the Gambia by descent if at the time of his or her birth either of his or her parents is a citizen of the Gambia otherwise than by virtue of this section or any comparable provision of any earlier constitution”.
What the above constitutional provision defined is that, a person born to a Gambian parent who at the time of his or her birth, his or her parent(s) is/are ordinarily residence outside the Gambia is a citizen by descent.
Marriage by citizen
The constitution provides that any person who-
(a) Is married to a citizen of the Gambia and, since the marriage, has been ordinarily resident in the Gambia for a period of not less than seven years or; and
(b) has been married to another person who was, during the subsistence of the marriage a citizen of the Gambia and since the end of the marriage (whether by annulment, divorce or death) has been ordinarily resident in the Gambia for a period of not less than seven years, shall be entitled, upon making application in such manner as may be prescribe by or under an Act or the National Assembly, to be registered as a citizen of the Gambia.
The above constitutional provision gives an explanation of how one can become citizen of the Gambia by marriage. It defines that on the anniversary of a non-Gambian getting married to a Gambian and that if such matrimonial relationship exist for seven years, such partner in the marriage who at the time is not a Gambian may apply in a prescribed manner to be declared citizen on the subsistence of the said marriage.
Naturalization
The constitution provides ‘’that a person who is not a citizen of the Gambia but who has been ordinarily residing in the Gambia for a continuous period of not less than 15 years may, apply in a prescribe manner to be register as a citizen of the Gambia by means of naturalization’’.
This particular provision open up invitation to those who desire becoming Gambian citizen but may not either opt or qualify for becoming citizens by birth, descent or marriage to become citizen. Before one qualifies under this part, proof of not less than fifteen years residence in the country, good character and other qualifying requirements will be provided under the part dealing with eligibility criteria for naturalization must be presented and displayed.
It is instructive to note that, having acquired citizenship in any other forms order than by birth or descent, means that such status can be revoked by the Minister of Interior on the evidence that a person who is granted with citizenship through naturalization has ceased being loyal and showing allegiance to the Republic or where he is considered by evidence that he or she still continues to enjoy those rights and privileges vested on him or her in his or her country of aboard
Registration
The 1997 Constitution equally provides that ‘’ any person who-
(a) Is married to a citizen of The Gambia and, since the marriage, has been ordinarily resident in The Gambia for a period of not less than seven years ; or
(b) Has been married to another person who was, during the subsistence of the marriage a citizen of The Gambia and, since the end of the marriage (whether by annulment, divorce or death), has been ordinarily resident in the Gambia for a period of not less than seven years, shall be entitled, upon making application in such manner as may be prescribed by or under an Act of the National Assembly, to be registered as a citizen of The Gambia’’.
Naturalization And Registration Processes
As we have discussed, naturalization and registration are bases for a person to acquire Gambian citizenship. For this purpose, the processes as well as requirements that one will be required to fulfill shall be discussed below in summary:
- Documents such as permit copies, alien cards and other requirements as the case may be shall be producedfor verification and evidence based proof;
- The 19 questions form shall be completed by two responsible person(s) who knows and have knowledge about the applicant’s behavior, conduct, attitude and other antecedents;
- A form otherwise known as the FORM 20 shall be filled and returned;
- A written narrative detailing the account of the applicant’s “LIFE HISTORY”shall be completed;
- 4 passport size photographs;
- Marriage certificates where applicable;
- Birth certificates of spouse and children of the applicants;
- Certificate of character issued by the Inspector General of Police
- Registration certificates of business(es) owned by applicant
Registration of Minors
This part regulates registering minors who at the time of their birth, their parents were not Gambian but who later become Gambian either through naturalization or marriage.
Such person(s) having attained the age of maturity (18) can be formally registered as citizens of the Gambia by their parent who happens to naturalized or register through marriage for such child to also enjoy a similar status to the parent registering him or her.
Another avenue available to a person who is not a citizen at the time the parents got naturalized or register as citizen of the Gambia, is to apply by him or herself after attaining the age of puberty and with the evidence that he or she has continuously live and reside in the Gambia for a period not less than 15 years and for a period not less than 7 years in case of a person adopting to the option of marrying to a Gambian on the basis of marriage.
The fundamental issue for resorting to this particular process for legitimizing ones status in this manner is that under our current laws, just for a person to be a child to a person who naturalized as a Gambian citizen, in essence does not make you a Gambian. One can only enjoy such rights when one is born after his or her parent had legally naturalized or registered as a citizen of the Gambia.
Naturalization And Registration Processes
The Constitution of the Gambia provides avenue for a Gambian citizen who wishes to formally renounce citizenship of the Gambia to do so. Such citizen, as a matter of procedure, shall fill a prescribed form; return his or her Gambian national documents such as, passport(s) and ID card to the Ministry of Foreign Affairs who shall then convey same to the Office of the President for approval. Once the approval is secured, it is conveyed back to the Ministry of Foreign Affairs where the applicant will be called upon to collect his or her renunciation certificate. The effect of this on a citizen is that it makes one ceased to enjoy the rights and privileges for which a Gambian citizen is entitled to. Another implication of this is that it can make a person stateless most especially if one renounces before acquiring citizenship of another country or when one application of acquiring another state citizenship is been rejected while his native citizenship has already been lost through a preceding renunciation request and process.
Restoration of Citinzenship
Restoration of citizenship is a right subject to an obligation on the part of a citizen of the Gambia who formally renounces his or her citizenship of the Gambia. Such a person, may in a prescribed manner apply for the restoration of his or her citizenship even though, at the time, he or she continues to enjoy the citizenship of another country. However, the constitution of the Gambia provides the opportunity for Gambians to hold and enjoy dual citizenship, but beneficiaries of such cannot by law, contest for presidency, National Assembly Elections, serve in the military among others.