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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