The Gambia 2019 Draft Constitution

CHAPTER XIV. LAND, NATURAL RESOURCES AND THE ENVIRONMENT

PART I. PRINCIPLES OF EQUITABLE USE OF LAND, ENVIRONMENT AND NATURAL RESOURCES

252. Principles of land, environment and natural resources policy

1. Land, environment and natural resources in The Gambia shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles-
   1. equitable access and security of land rights;
   2. transparent and cost effective administration of land;
   3. sustainable exploitation, utilisation, productive management and conservation of the environment, land and natural resources, and the equitable sharing of the accruing benefits;
   4. protection, conservation, preservation and sustainable use of land, environment and natural resources for the benefit of present and future generations;
   5. protection of genetic resources and biological diversity;
   6. establishment of systems of environmental impact assessment, environmental audit and monitoring of the environment;
   7. recognition of the adverse effects of climate change on the sustainable use of land, environment and natural resources and the need to build resilience and increase adaptation to these effects;
   8. protection and enhancement of intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities;
   9. sound conservation and protection of ecologically sensitive areas;
   10. public participation in the management, protection and conservation of land, environment, and natural resources;
   11. elimination of discrimination in law, customs and practices related to land and property in land based on gender;
   12. encouragement of communities to settle land disputes through recognised local community initiatives consistent with this Constitution and other laws; and
   13. utilization of the land, environment and natural resources for the benefit of the people of The Gambia.
2. These principles shall be implemented through a national land, environment and natural resources policy developed and reviewed regularly by the Government and through Acts of the National Assembly.
3. Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.

PART II. LAND, ENVIRONMENT AND NATURAL RESOURCES COMMISSION

253. Establishment and composition of the Commission

1. There is established the Land, Environment and Natural Resources Commission.
2. The Commission shall comprise the following persons, who shall be appointed by the President, subject to confirmation by the National Assembly-
   1. a Chairperson, who is, or is qualified to be appointed as, a judge of the Supreme Court (in addition to the qualifications set out in section 255);
   2. a Legal Practitioner of not less than ten years standing;
   3. a person with qualification in a field of study, and not less than ten years’ experience, in land administration, planning and survey;
   4. a person with qualification in a field of study, and not less than ten years’ experience, in natural resources management; and
   5. a person with qualification in a field of study, and not less than ten years’ experience, in environmental management.

254. Powers and functions of the Commission

An Act of the National Assembly shall provide for the powers and functions of the Commission, which shall include the power to-

1. advise on the management of public land and natural resources;
2. recommend, and from time to time to review, a national land, environment and natural resources policy to the Government;
3. advise the Government on a comprehensive programme for the registration of title in land throughout The Gambia;
4. commission research related to land, environment and the use of natural resources, and make recommendations to appropriate authorities;
5. initiate investigations, on its own initiative or on a complaint, into land disputes, and issue such orders as it considers appropriate, including making recommendations for redress, where appropriate;
6. encourage the application of traditional dispute resolution mechanisms in land conflicts; and
7. monitor and have oversight responsibilities over land use planning throughout the country.

255. Qualifications, disqualifications and removal from office

1. A person qualifies to be appointed as a member of the Commission if he or she satisfies the qualifications set out in section 215 (1).
2. A person shall not qualify to be appointed as a member of the Commission if any of the disabilities mentioned in section 215 (2) applies in his or her case.
3. In addition to the disqualifications under subsection (2), a person shall not be qualified to be appointed a member of the Commission if he or she has benefitted from, or facilitated, an unlawful or irregular allocation, acquisition, or use or change of use of land or other public property, or committed an environmental offence, or actively engaged in an act that degraded or otherwise compromised a natural resource of The Gambia.
4. The provisions of section 216 shall apply with respect to the removal from office of a member of the Commission.

256. Independence of the Commission

Except as otherwise provided in this Constitution or in any other law which is not inconsistent with this Constitution, the Commission shall not, in the performance of its functions, be subject to the direction or control of any other person or authority.

PART III. GENERAL PROVISIONS

257. Land ownership

1. All land in The Gambia belong to the people of The Gambia collectively as a nation, as communities, and as individuals.
2. Land tenure in The Gambia is based on freehold, leasehold and customary land tenure, unless otherwise determined by an Act of the National Assembly.

258. Landholding by non-citizens

1. No interest in or right over land in The Gambia shall be created which vests in a person who is not a citizen of The Gambia, a freehold interest in any land in The Gambia.
2. If, whether before or after the coming into force of this Constitution, a person who is not a citizen of The Gambia holds a freehold title in any land in The Gambia, that freehold title shall be deemed to have been converted into a leasehold interest for a period of thirty years upon the date of the coming into force of this Constitution.
3. A person who is not a citizen of The Gambia may acquire and hold land on the basis of leasehold tenure only, and any such leasehold, however granted, shall not exceed thirty years.
4. If, whether before or after the coming into force of this Constitution, any agreement, deed, conveyance or document of whatever nature confers or purports to confer on a person who is not a citizen of The Gambia an interest in land greater than a thirty year lease, the provision shall be deemed as conferring on the person a thirty year leasehold interest.
5. A person, not being a citizen of The Gambia, who holds a leasehold property shall not in any manner dispose of the property, unless the property is disposed to a person who-
   1. is a citizen of The Gambia; or
   2. is not a citizen of The Gambia, with the approval of the Cabinet, to acquire and hold the property for the remainder of the term of the leasehold.
6. Where a person who is not a citizen of The Gambia holds a leasehold interest in land to be used for a specified project or specified purpose, the land shall-
   1. not be converted for use for another purpose; and
   2. revert to the State if it is no longer used for the specified project or purpose.
7. The State may, on the basis of reciprocity, convey to a foreign government land to be used perpetually for its diplomatic activities and such land–
   1. shall not be transferred or otherwise conveyed to any other person or authority, or used for any other purpose, except with the express consent of the Government; and
   2. may revert to the State in the event of a cessation of diplomatic relations.
8. Subject to subsection (7), where a leasehold held by a person who is not a citizen of The Gambia comes to an end, the leasehold property may be renewed for such further period of up to thirty years at a time, but not exceeding in aggregate ninety years.
9. For purposes of this section-
   1. a body corporate shall be regarded as a citizen only if the body corporate is wholly owned by one or more citizens of The Gambia; and
   2. property held in trust shall be regarded as being held by a citizen of The Gambia only if all of the beneficial interest of the trust is held by persons who are citizens of The Gambia.