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Subject:
From:
MOMODOU BUHARRY GASSAMA <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Wed, 12 Jul 2000 23:09:46 +0200
Content-Type:
text/plain
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Hi Rene!
                I was just wondering why Halifa based all his arguments on
the 1970 Constitution which was abrogated without laying claim on Chapter
III, Section 8 of the current Constitution which states: "every person who,
immediately before the coming into force of this Constitution, is a citizen
of The Gambia, shall, subject to this Constitution -
(a) continue to be a citizen of The Gambia;
(b) retain the same status as a citizen by birth, by descent, by
registration or by naturalisation, as the case may be, as he or she enjoyed
immediately before the coming into force of this Constitution."

I don't think you need to despair though because I'm sure Halifa has a
legally correct reason for basing his arguments on that Constitution. I
believe that the section of the Constitution referred to above gives
legitimacy to all citizenship claims made under the 1970 Constitution as it
clearly states that those who were citizens before the coming into force of
the current Constitution shall continue to be citizens.
    Many people have been questioning Edward Singhateh's citizenship but I
believe he is a citizen not by birth if he was not born there but by descent
if his father was a citizen at the time of his birth outside The Gambia as
provided under section 10 of chapter 3 which states: " a person born outside
The Gambia after the coming into 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." If
his father was a citizen which I assume although I stand to be corrected, he
is a Gambian citizen. This is the section that makes it possible for all our
children born in Sweden, USA, UK etc. to be Gambian citizens. If we fight
Edward's citizenship because he was born in England and this section is
removed then our children yet to be born outside The Gambia shall also
become stateless. Thanks.

Buharry.

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