Hi Halifa!
Sorry for the late response to this posting but I have been
in and out of Stockholm a bit lately and have not had much time for my mail.
However, I would like to ask for the rationale behind basing your arguments
on the 1970 Constitution when that Constitution was abrogated in Schedule 2,
Section 15 of the current Constitution. Thanks.
Buharry.
----- Original Message -----
From: foroyaa <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, July 10, 2000 1:23 PM
Subject: THE NEED TO REVIEW LAWS ON CITIZENSHIP
> THE NEED TO REVIEW LAWS ON CITIZENSHIP
>
> Letter To The Law Reform
>
> A combination of circumstances has compelled us to address this letter to
> you with the view to convey issues that are of tremendous significance to
a
> large number of persons currently resident in The Gambia.
>
> The question of citizenship has become very urgent because of the large
> number of young people in the country whose parents came from neighbouring
> countries some decades ago. Many of such young people have been addressing
> letters to us to question their status.
>
> What has become abundantly clear is that they have always been told that
> they were Gambian citizens. Their parents have established compounds in
The
> Gambia for decades. They have been paying taxes and have lived here like
any
> other citizen. They have brought up their children as Gambians. Many of
them
> had gone through the educational system to occupy positions of
> responsibility in this country. Some have never visited the countries
where
> their parents originated from.
>
> Notwithstanding, they are constantly confronted with the dilemma of being
> stateless persons. It is now time for this matter to be subjected to
proper
> examination and resolution.
>
> First and foremost, we would like you to consider our perceptions of the
> factors which are essential to put to the fore if we are to address this
> question from a juridical, as well as a pragmatic point of view.
>
> In our view, there are many Gambians today whose nationalities are being
> questioned because of the failure to put into operation certain provisions
> of the Constitution. No campaign was done for such people to be registered
> as citizens when they should have been registered. It is necessary to cast
a
> fleeting glance at the 1970 Constitution to confirm our pronouncement.
>
> Chapter 2, Section 3, subsection (1) of the 1970 Constitution indicates
that
> "Every person who, having 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-
>
> "(a) neither of his parents nor any of his grandparents was born in The
> Gambia; or
>
> "(b) neither of his parents was naturalised in The Gambia as a British
> subject under the British Nationality Act, 1948, (a) or before that Act
came
> into force."
>
> What Section 3 is saying is that any person born in The Gambia prior to 18
> February 1965 should have become a citizen of The Gambia on 18 February
1965
> if one of his or her parents or grandparents was born in The Gambia or if
> one of the parents was naturalised in The Gambia as a British subject.
>
> At first glance, it would appear that those whose parents or grandparents
> were not born or naturalised in The Gambia would be automatically
> disqualified from being citizens even if they were born in The Gambia.
>
> However, Section 4, subsection (1) of the 1970 Constitution made
provisions
> for people who were born in The Gambia whose parents or grandparents were
> not born in The Gambia or naturalised prior to 17 February 1965 to be
> entitled to be registered as citizens of The Gambia.
>
> Section 4, subsection (1) also states: "Any person who, but for the
proviso
> to subsection (1) of section 3 of this Constitution, would be a citizen of
> The Gambia by virtue of that subsection shall be entitled, upon making
> application before the specified date in such manner as may be prescribed
by
> or under an Act of Parliament, to be registered as a citizen of The
Gambia:
>
> "Provided that a person who has not attained the age of twenty-one years
> (other than a woman who is or has been married) may not himself make an
> application under this subsection, but an application may be made on his
> behalf by his parent or guardian."
>
> Here, it is clear that those persons who were born in The Gambia prior to
18
> February 1965 could have made application to be registered as citizen
before
> the specified day if they had attained the age of 21 years. Others, who
were
> under 21 years, could have had their names registered as citizens through
an
> application made by a parent or guardian. The specified date is
established
> Section 4, subsection (4). It reads: "In this section "the specified date"
> means-
>
> "(a) in relation to a person to whom subsection (1) of this section
refers,
> 18th February 1967; and .... or such later date as may in any particular
> case be prescribed by or under an Act of Parliament."
>
> In short, persons born in The Gambia prior to 18 February 1965, whose
> parents or grandparents were not born or naturalised in The Gambia, should
> have been registered as citizens by 18 February 1967 or such later date as
> may be prescribed by an Act of Parliament.
>
> Suffice it to say, the equity compels us to make inferences that should
> those born in The Gambia of parents and grandparents who were neither born
> nor naturalised in The Gambia after 17 February 1965, should have also
been
> provided with the provision to be registered as citizens by an Act of
> Parliament.
>
> As it stands, no attention seems to have been paid to these provisions of
> the Constitution even though we have on many occasions drawn the attention
> of the previous government to this particular sensitive inadequacy in
> implementing the provisions of the 1970 Constitution on citizenship.
>
> To make matters worse, the parents who had migrated to The Gambia were not
> acquainted with the Nationality laws. They were allowed to function as any
> citizen and were made to believe that the acquisition of a national
document
> signified the acquisition of citizen. Consequently, many of those who had
> migrated have established homes, businesses and have acquired other assets
> through which they pay their taxes and maintain their families over the
> years. Such people have never made any attempt to get yearly residential
> permits and would not be able to produce such permits even though the
taxes
> they pay far exceed what would have been paid as residential permits.
>
> In our view, therefore, rational and sober decision makers should be
> sensitive to the failure to inform a large sector of the inhabitants of
this
> country on how citizenship should be acquired. It is absolutely necessary
to
> address this issue from a juridical and practical point of view.
>
> We would like to propose the following:
>
> 1. The provision in the 1970 Constitution, which provided room for those
> born in The Gambia of parents or grandparents who were neither born or
> naturalised in The Gambia to be entitled to be registered as citizens upon
> attaining 18 years.
>
> 2. All those who were born in The Gambia prior to coming into force of the
> 1970 Constitution of parents or grandparents who were not born or
> naturalised in The Gambia, be entitled to be registered within a specific
> date to be established by an Act of the National Assembly.
>
> Furthermore, it would be necessary to rely on other instruments other than
> residential permits to determine lawful residence in the country for
people
> who were resident in The Gambia prior to the coming into force of the
> Constitution. The possession of a home, the payment of compound and other
> taxes, and so on and so forth, should also be relied on to determine
period
> of residence in The Gambia in addition to conduct in determining
> qualification for naturalisation.
>
> In our view, once the abnormalities of the past are rectified, it would be
> possible to prevent their repetition in the future. In this way, the laws
on
> the acquisition of national documents would be fully safeguarded and
> implemented without any ambiguity.
>
> This issue needs to be addressed with urgency if a climate of insecurity
is
> not to be created for people who have gone through the normal educational
> systems of the country and are now poised to contribute their quota to
> national development. Uncertainty in the minds of such people could also
> lead to doubts of nationality and depreciation of commitments and loyalty
to
> the nation.
>
> We hope that Gambians will not take this matter from a narrow nationalist
> perspective. Over the years, even foreign investors have been provided the
> opportunity to acquire Gambian citizenship. Gambians, with children
abroad,
> have found it easy for their children to acquire the citizenship of
European
> countries, the United States and others. It is amazing that Africans, who
> have children in other African countries, find it difficult to have those
> children accepted as citizens of such countries. It is time for Gambians
to
> take a decision on this issue.
>
> In this light, we wish for your Commission to look into this matter so as
to
> give legal justification for the proposition we have made.
>
> By a copy of this letter to the press, we hope that a national debate will
> unfold on this matter in the national media. All those who hold contrary
> views should address their letters to the Gambian media to enlighten the
> people why such a proposition should be negated.
>
> While anticipating your maximum cooperation,
>
> We remain,
>
> For: The Editorial Board.
>
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