The Gambia 2019 Draft Constitution

CHAPTER XVI. NATIONAL SECURITY

PART I. THE SECURITY SERVICES AND NATIONAL SECURITY COUNCIL

282. Security services

The Security Services of The Gambia shall include-

1. the Gambia Armed Forces;
2. the Gambia Police Force;
3. the Gambia Immigration Service;
4. the Gambia Fire and Rescue Service;
5. the Gambia Prison Service;
6. the State Intelligence Service;
7. the Gambia Revenue Authority;
8. the Drug Law Enforcement Agency; and
9. such other security service as may be established by an Act of the National Assembly.

283. National Security Council

1. There is established the National Security Council which shall comprise-
   1. the President, as Chairperson;
   2. the Vice-President, who may deputise in the absence and on the direction of the President;
   3. the Ministers responsible for defence, internal security, foreign affairs, and justice;
   4. the Chief of Defence Staff;
   5. the Inspector General of Police;
   6. the Director-General of the State Intelligence Service;
   7. the Director General of The Gambia Immigration Service;
   8. the Commissioner General of The Gambia Revenue Authority;
   9. the Director General of Prisons;
   10. the Chief Fire Officer;
   11. the Director General of the Drug Law Enforcement Agency; and
   12. the National Security Adviser to the President.
2. The National Security Council shall be responsible for advising the President-
   1. on all matters relating to the security of The Gambia, including measures necessary to keep the peace and security of the nation;
   2. on the integration of domestic and foreign policies relating to the security of The Gambia;
   3. on reforms that may be necessary to ensure and maintain a harmonized national security service to strengthen law enforcement in The Gambia; and
   4. on measures that are necessary to ensure a well-trained and professional national security system that is effectively responsive to threats to, and the protection of, The Gambia.
3. Under the direction of the President, the National Security Council shall take appropriate measures to safeguard the internal and external security of The Gambia, and ensure the co-operation of the Departments and Agencies of the Government in that regard.

PART II. ARMED FORCES

284. The Gambia Armed Forces

1. There is established the Armed Forces of The Gambia which shall be under the authority and direction of the President.
2. The Armed Forces 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.
3. Subject to subsection (1), the Chief of Defence Staff shall be responsible for the operational control and administration of the Armed Forces.
4. No person or authority shall raise an armed force except by or under the authority of an Act of the National Assembly.
5. The President shall not deploy any troops outside The Gambia without the approval of the National Assembly.
6. 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 or any other law.
7. An Act of the National Assembly shall make provision-
   1. for the functions and duties of the Armed Forces;
   2. outlining the internal structures and commands of the Armed Forces;
   3. for the establishment of an Armed Forces Council, including its composition, functions and all other related matters;
   4. subject to section 285, for the appointment, discipline and removal of members of the Armed Forces; and
   5. for such other matters as may be considered necessary to maintain an efficient, effective and discipline Armed Forces.

285. 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; and
   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-
   1. is not a citizen of The Gambia;
   2. holds the citizenship or nationality of any other country; or
   3. is not a person of high moral character and proven integrity.
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. An Act of the National Assembly shall make provision-
   1. for appointment by the President of commanders of any formation or unit of the Armed Forces;
   2. for the grant by the President of commissions in the Armed Forces; and
   3. to otherwise give full effect to this Part.

PART III. THE POLICE FORCE

286. The Gambia Police Force

1. There is established The Gambia Police Force.
2. The Gambia Police Force is a national service institution and shall function throughout The Gambia.

287. Objects and functions of the Gambia Police Force

The Gambia Police Force shall-

1. strive for the highest standards of professionalism and discipline among its members;
2. prevent corruption and promote and practice discipline, transparency and accountability;
3. have utmost respect for the rule of law which shall at all times guide the execution of its duties and responsibilities;
4. comply with standards of human rights and fundamental freedoms and respect for human dignity;
5. train staff to the highest possible standards of competence and integrity; and
6. foster and promote harmonious relationships with the broader Gambian society.

288. Head of The Gambia Police Force

1. There is established the Office of Inspector-General of Police which shall be a public office in the security service.
2. The Inspector-General of Police shall be the head of The Gambia Police Force appointed by the President with the advice of the National Security Council, subject to confirmation by the National Assembly.
3. The Inspector General of Police shall exercise independent command over The Gambia Police Force, and perform any other functions prescribed by an Act of the National Assembly.
4. The Minister responsible for internal security may only give direction to the Inspector-General of Police with respect to matters of policy for The Gambia Police Force, but no person may give any direction to the Inspector-General of Police with respect to-
   1. the investigation of any particular offence or offences;
   2. the enforcement of the law against any particular person or persons; or
   3. the employment, assignment, promotion, suspension or dismissal of any member of The Gambia Police Force.
5. Any direction given to the Inspector-General of Police by the Minister responsible for internal security under subsection (4) shall be in writing.

289. Removal from office

The Inspector-General of Police may be removed from office by the President on the advice of the National Security Council, subject to the approval of the National Assembly, only on the ground of-

1. serious violation of this Constitution or any other law, including a contravention of Chapter VI;
2. gross misconduct, whether in the performance of his or her functions or otherwise;
3. inability to perform the functions of his or her office, whether arising from infirmity of body or mind or from any other cause; or
4. bankruptcy or entering into an arrangement with creditors.

PART IV. NATIONAL SECURITY SERVICE COMMISSION

290. Establishment of the National Security Service Commission

1. There is established the National Security Service Commission.
2. The National Security Service Commission shall comprise-
   1. a person who is, or is qualified to be appointed as, a judge of the High Court, as Chairperson;
   2. three persons with high moral character and proven integrity who have served the public with distinction;
   3. the Inspector General of Police;
   4. the Chief Fire and Rescue Officer;
   5. the Director General of the Prison Service; and
   6. the Director General of the Immigration Service.
3. The members of the National Security Service Commission shall be appointed by the President after consultation with the National Security Council.

291. Functions and powers of the National Security Service Commission

The National Security Service Commission shall-

1. recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within-
   1. The Gambia Police Force;
   2. The Gambia Immigration Service;
   3. The Gambia Fire and Rescue Service; and
   4. the Prison Service.
2. observing due process, exercise disciplinary control over and remove persons holding or acting in offices within its jurisdiction; and
3. perform any other functions prescribed by an Act of the National Assembly.

292. Qualifications and disqualifications

1. A member of the National Security Service Commission shall be a person who-
   1. is a citizen of The Gambia;
   2. is a fit and proper person with knowledge of, or experience in, law enforcement, legal or judicial service, administration, management or the provision of security services; and
   3. is of high moral character and proven integrity.
2. A person shall not be qualified to be appointed a member of the National Security Service Commission, if he or she—
   1. unless an ex-officio member, is a member of the public service or a member of a disciplined force;
   2. is a member of the National Assembly or any other elective body;
   3. is a member of the governing body of a Statutory Body or State Owned Enterprise;
   4. is an office holder in or member of the executive body of a political party;
   5. has, within the two years preceding his or her appointment, been nominated as a candidate in an election to the National Assembly; or
   6. is otherwise disqualified from holding an office in the public service.
3. A member of the National Security Service Commission is disqualified for appointment to any office in the security service of The Gambia during a period of three years after he or she ceases to be a member of the Commission.

293. Tenure, independence and removal of Security Service Commissioners

1. Subject to subsection (3), the members of the National Security Service Commission shall be appointed for a term of three years, subject to renewal for one more term.
2. In the exercise of its functions, the National Security Service Commission shall be independent and shall not be subject to the direction or control of any other person or authority, except that it shall take into account Government policy relating to the security service sector.
3. The provisions of section 216 shall apply with respect to the removal from office of a non-ex-officio member of the Commission.