The Gambia 1996 Constitution (reviewed 2018)

CHAPTER XX. DIRECTIVE PRINCIPLES OF STATE POLICY

211. Application of the Directive Principles of State Policy

The principles of state policy in this Chapter shall form part of the public policy of The Gambia for the establishment of a just, free and democratic state. These principles shall not confer legal rights or be enforceable in any court but-

1. subject to the limits of the economic capacity and development of The Gambia, the Executive, the Legislature and all other organs of the State in taking policy decisions, making laws and in the administration of The Gambia, shall according to their respective functions be guided by and observe them with a view to achieving by legislation or otherwise the full realisation of these principles; and
2. the courts are entitled to have regard to these principles in interpreting any laws based on them.

212. National Integration and Unity

1. All organs of the State shall strive towards the realisation of national unity, peace and stability.
2. Every effort shall be made to integrate the people of The Gambia and foster loyalty to The Gambia without discrimination.
3. All the people of The Gambia shall be entitled to their ethnic, religious and cultural values which do not disturb the unity or cohesion of the State.

213. National Sovereignty and Independence

1. The State and all Citizens of The Gambia shall endeavour to protect and enhance national sovereignty including social, political, and economic independence and territorial integrity.
2. The State shall pursue policies which avoid undue dependence on other nations and institutions.

214. Political objectives

1. The Gambia shall be a democratic state dedicated to freedom, peace, progress, prosperity and justice.
2. The people shall express their will and consent as to who shall govern them and how they shall be governed, through regular, free and fair elections of their representatives.
3. The State shall be guided by the principles of decentralisation and devolution of governmental functions and powers to the people at appropriate levels of control to facilitate democratic governance.
4. In the composition of the Government, women shall be fairly represented.
5. The Government, with due regard to the principles of an open and democratic society, shall foster accountability and transparency at all levels of government.

215. Economic Objectives

1. The State shall endeavour to create an economic environment that maximises the rate of economic growth and employment and secures the maximum welfare and prosperity for all persons in The Gambia.
2. The State shall endeavour to keep inflation under control.
3. Recognising that the most secure democracy is one that assures the basic necessities of life for its people, the State shall endeavour to establish an efficient, dynamic and self-reliant economy whose underlying principles shall include ensuring:
   1. ample and equal economic opportunity for all citizens and a pronounced role for the private sector, and the encouragement of private initiative;
   2. that persons bear their fair share of social and national responsibilities including their responsibility to contribute to the development of the country; and
   3. a balanced development of all parts of The Gambia, improvement in the quality of life in rural communities and redressing economic imbalances between rural and urban communities.
4. The State shall pursue a policy of:
   1. giving adequate priority to those sectors of the economy which promote national prosperity;
   2. promoting the development of agriculture and related industry;
   3. encouraging and protecting beneficial foreign investment;
   4. protecting the environment of the nation for posterity; and
   5. co-operation with other nations and bodies to protect the global environment.
5. The State shall endeavour to ensure equal opportunity and full participation for women in the economic development of the country.

216. Social Objectives

1. The State shall endeavour to secure and promote a society founded on the principles of freedom, equality, justice, tolerance, probity and accountability.
2. The State shall pursue policies to protect the rights and freedoms of the disabled, the aged, children and other vulnerable members of society and to ensure that such persons are provided just and equitable social opportunities.
3. The State, in pursuing policies under subsection (2), shall be bound by the fundamental rights and freedoms in the Constitution and shall be guided by international human rights instruments to which The Gambia is a signatory and which recognise and apply particular categories of basic human rights to development processes.
4. The State shall endeavour to facilitate equal access to clean and safe water, adequate health and medical services, habitable shelter, sufficient food and security to all persons.
5. The State shall encourage and promote the establishment and maintenance of contributory schemes that shall provide economic security for all citizens.
6. The State shall endeavour to ensure safe systems of working for persons who are employed and to provide that such persons are entitled to adequate rest, leave and leisure.
7. The State shall endeavour to ensure that adequate sports facilities are established throughout The Gambia and that sports are promoted as a means of fostering national integration, health and self-discipline and international friendship and understanding.

217. Educational objectives

1. The State shall endeavour to provide adequate educational opportunities at all levels of study for all citizens.
2. The State shall pursue policies to ensure basic education for all citizens and shall endeavour to provide adequate resources so that such tuition for basic education shall be free for all citizens.
3. The State shall endeavour to provide skills training centres.
4. The State shall take measures to create an adult literacy programme, rehabilitative vocational training for the disabled, and continuing education programmes.

218. Cultural objectives

The State and all the people of The Gambia shall strive to protect, preserve and foster the languages, historic sites, cultural, natural and artistic heritage of The Gambia.

219. Foreign relations

The State shall endeavour to ensure that in international relations it:

1. promotes and protects the interest of The Gambia;
2. seeks the establishment of a just and equitable international economic and social order;
3. fosters respect for international law, treaty obligations and the settlement of international disputes by peaceful means; and
4. is guided by the principles and goals of international and regional organisations of which The Gambia is a signatory.

220. Duties of a Citizen

1. The exercise and enjoyment of rights and freedoms are inseparable from the performance of duties and obligations, and accordingly, every citizen shall:
   1. promote the prestige and good reputation of The Gambia and respect the symbols of The Gambia;
   2. uphold and defend the Constitution;
   3. foster national unity and live harmoniously with others;
   4. respect the rights, freedoms and legitimate interests of others and refrain from acting in a manner detrimental to the welfare of other persons;
   5. serve The Gambia by working conscientiously in his or her chosen occupation;
   6. protect and preserve public property and expose and combat the misuse and waste of public funds and property;
   7. contribute to the well being of the community in which the citizen lives;
   8. be loyal to The Gambia and contribute to its defence when necessary;
   9. cooperate with the appropriate agencies in the maintenance of law and order; and
   10. protect and conserve the environment of The Gambia.
2. It shall be the duty of every citizen to abide by and conform with the provisions set out in subsection (1), but such duties shall not, of themselves, render any person liable to proceedings of any kind in any court.