The Gambia 1996 Constitution (reviewed 2018)

CHAPTER XIII. THE ARMED FORCES AND THE NATIONAL INTELLIGENCE AGENCY

PART I. The Armed Forces

186. Armed Forces

1. There shall be the Armed Forces of The Gambia which shall consist of the Army, the Navy and the Air Force and such other services for which provision is made by an Act of the National Assembly.
2. No person shall raise an armed force except by or under the authority of an Act of the National Assembly.
3. The Armed Forces shall be equipped and maintained to perform their role of defence of The Gambia as well as such other functions for the development of The Gambia as provided in this Constitution.

187. Functions

1. The principal functions of the Armed Forces are-
   1. to preserve and defend the sovereignty and territorial integrity of The Gambia;
   2. to aid the civil authorities, at their request, in emergencies and in cases of natural disasters;
   3. to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of The Gambia.
2. It shall be the aim of the Government and the Armed Forces to maintain harmony and to foster understanding between the Armed Forces and the civilian population, and to that end-
   1. the National Youth Service shall be organised with the co-operation and assistance of the Armed Forces;
   2. the Armed Forces shall establish training programmes for their members at all levels to equip them with skills and trades, and a programme of secondment to civilian occupations, so as to enable members of the Forces to return, after their service to a full and productive civilian life,
   3. there shall be established an army reserve.
3. It shall be the duty of the members of The Gambia Armed Forces to respect the fundamental rights and freedoms of other persons.

188. Control of the Armed Forces

1. Subject to the authority and directions of the President and of the Armed Forces Council, the Chief of Defence Staff shall be responsible for the operational control and administration of the Armed Forces.
2. Without prejudice to his or her general power and authority as commander-in-chief, the President may give a Force Commander directions with respect to the operational use of the Commander’s forces in The Gambia for the purposes of maintaining and securing public safety and public order, and the Force Commander shall comply with those directions.
3. In the exercise of his or her powers as commander-in-chief, the President shall, whenever practicable, consult the National Security Council.
4. The President shall not deploy any troops outside The Gambia without the approval of the National Assembly.

189. Armed Forces Council

1. There shall be an Armed Forces Council which shall consist of-
   1. the Vice-President as Chairman;
   2. the Secretary of State for the time being responsible for defence;
   3. the Chief of Defence Staff;
   4. the Armed Forces Chief of Staff;
   5. the commanders of the Army, the Navy and the Air Force;
   6. the Permanent Secretary of the Ministry responsible for Defence;
   7. two other persons appointed by the President subject to confirmation by the National Assembly.
2. The Armed Forces Council shall-
   1. advise the President on all matters of policy relating to defence and strategy, including the role of the Armed Forces, defence budgeting and finance, administration, and any other matter which the President may refer to the Council;
   2. advise the President on the promotion of officers to the rank of Lieutenant Colonel or its equivalent and above;
   3. with the prior approval of the President, make regulations for the performance of its functions under this Constitution and any other law and, subject to any Act of the National Assembly in that regard, for the effective and efficient administration of the Armed Forces.
3. Regulations made under subsection (2) shall include regulations in respect of-
   1. the control and administration of the Armed Forces;
   2. the ranks of the officers and men of each service, the members in each rank and the use of uniforms by the members;
   3. the conditions of service, enrolment, pay, pensions, gratuities and other allowances of officers and men, and deductions therefrom;
   4. the authority and powers of command of officers and men;
   5. the powers of commanding officers to try members of the Armed Forces;
   6. the establishment of research and development units in each service.

190. Appointments in Armed Forces

1. The President shall, after consulting the National Security Council, appoint:
   1. the Chief of Defence Staff of the Armed Forces;
   2. the Armed Forces Chief of Staff;
   3. the Commanders of the Army, the Navy and the Air Force.
2. A person shall not be qualified for appointment in accordance with subsection (1) if he or she is not a citizen of The Gambia or if he or she holds the citizenship or nationality of any other country.
3. The President may, after consulting the National Security Council, remove from office the Chief of Defence Staff, the Armed Forces Chief of Staff, or the Commander of the Army, the Navy or the Air Force.
4. The President may, after consulting the Armed Forces Council, appoint the commanders of any formation or unit of the Armed Forces.
5. The President shall, in accordance with the advice of the Armed Forces Council, grant commissions in the Armed Forces.

PART II. National Intelligence Agency

191. National Intelligence Agency

1. There shall be a National Intelligence Agency which shall be under the command of the President.
2. Subject to any Act of the National Assembly and the provisions of this Constitution, the National Intelligence Agency shall be governed by the National Intelligence Agency Decree, 1995.