CHAPTER I. THE REPUBLIC AND SOVEREIGNTY OF THE PEOPLE 1. The Republic 2. Sovereignty of the people 3. The territory of The Gambia 4. Devolution of government 5. National days CHAPTER II. THE CONSTITUTION AND THE LAWS 6. Supremacy of the Constitution 7. Defence of the Constitution 8. Enforcement of the Constitution 9. Laws of The Gambia CHAPTER III. NATIONAL VALUES AND PRINCIPLES 10. National values and governance 11. Culture 12. Duties of citizens CHAPTER IV. CITIZENSHIP 13. Citizens on the commencement of the Constitution 14. Citizen by birth 15. Citizenship by registration 16. Citizenship by naturalisation 17. Dual citizenship 18. Deprivation of citizenship 19. Restoration of citizenship 20. Act of the National Assembly on citizenship 21. Interpretation of Chapter IV CHAPTER V. LEADERSHIP AND INTEGRITY 22. Application of this Chapter and guiding principles 23. Responsibilities of leadership 24. Conduct and oath of office of public officers 25. Financial probity of public officers 26. Restrictions on the activities of public officers 27. Obligations of persons dealing with public officers in the service of the State 28. Consequence for contravention of this Chapter 29. Legislation on Leadership CHAPTER VI. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS PART I. GENERAL PROVISIONS ON FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 30. Fundamental rights and freedoms 31. Application of fundamental human rights and freedoms 32. Implementation of fundamental human rights and freedoms 33. Enforcement of fundamental human rights and freedoms 34. Authority of courts to uphold and enforce this Chapter 35. Limitation of fundamental rights and freedoms 36. Fundamental rights and freedoms that may not be limited PART II. SPECIFIC RIGHTS AND FREEDOMS 37. Right to life 38. Protection of liberty 39. Protection from slavery and forced labour 40. Protection from cruel and inhuman treatment 41. Protection of right to property 42. Privacy 43. Right to fair trial 44. Freedom of expression 45. Freedom of the media 46. Access to information 47. Freedom of conscience 48. Freedom of assembly 49. Freedom of association 50. Freedom of movement 51. Political rights 52. Right to marry 53. Rights of women 54. Rights of children 55. Right to education 56. Rights of persons with disabilities 57. Cultural rights 58. Right to fair labour practices 59. Right to clean environment 60. Economic and social rights 61. Rights of the elderly 62. Rights of the youth 63. Consumer protection rights 64. Right to development 65. Right of the sick 66. Gender balance and fair representation of marginalised groups 67. Protection from discrimination 68. Declaration of state of public emergency 69. Derogations from fundamental rights under emergency powers 70. Persons detained under emergency powers 71. Interpretation of Chapter VI CHAPTER VII. REPRESENTATION OF THE PEOPLE PART I. FRANCHISE 72. General principles for the electoral system 73. The right to be registered and to vote 74. Candidates for election and compliance with code of conduct 75. Eligibility to contest as an independent candidate 76. Secret ballot 77. Electoral laws 78. Obligations of Independent Boundaries and Electoral Commission at every public election PART II. THE INDEPENDENT BOUNDARIES AND ELECTORAL COMMISSION 79. Establishment and membership of the Independent Boundaries and Electoral Commission 80. Functions of the Commission 81. Electoral Boundaries PART III. POLITICAL PARTIES 82. Political Parties CHAPTER VIII. EXECUTIVE PART I. GUIDING PRINCIPLES OF EXECUTIVE AUTHORITY AND GENERAL DUTIES 83. Principles of executive authority 84. The Executive PART II. OFFICE OF PRESIDENT, POWERS AND DUTIES 85. Office of President 86. Powers of President 87. Duty to attend and address the National Assembly 88. Decisions of the President 89. Temporary succession to the Office of President PART III. ELECTION TO THE OFFICE OF PRESIDENT 90. Election of President 91. Qualifications for election as President 92. Disqualifications for election as President 93. Nomination of candidates for President 94. Procedure on nomination of candidates for President 95. Procedure on election of President 96. Declaring winner of presidential election 97. Death of President-elect before assumption of Office 98. Assumption of Office of President 99. Challenging validity of election of President PART IV. TERMS AND CONDITIONS OF OFFICE OF PRESIDENT 100. Term of office of President 101. Disclosure obligations of President 102. Restrictions regarding Office of President 103. Immunity of President from legal proceedings 104. Vacancy in the Office of President 105. Removal of President by reason of mental or physical incapacity 106. Removal of President by impeachment 107. Salary and allowances PART V. OFFICES IN THE EXECUTIVE I. Vice President and Ministers 108. Office of Vice President 109. Qualifications and disqualifications of Vice President 110. Functions of the Vice President 111. Vacancy in the Office of Vice President 112. Revocation of appointment of Vice President 113. Appointment of Minister of Government 114. Qualifications and disqualifications of Ministers 115. Vacancy in Office, and revocation of appointment, of Minister 116. Functions and incidents of Office 117. Disclosure obligations of Vice President and Ministers 118. Restrictions regarding Office of Vice President and Minister 119. Responsibility of the Vice President and Ministers to the National Assembly 120. Vote of Censure II. The Cabinet 121. Establishment and composition of Cabinet 122. Functions of Cabinet 123. Secretary to Cabinet 124. International Relations 125. Establishment of Prerogative of Mercy Committee 126. Exercise of the power of mercy 127. Honours and awards III. Other Public Offices 128. President’s Chief of Staff 129. Director of Public Prosecutions 130. Private Prosecutions 131. Solicitor General and Legal Secretary CHAPTER IX. THE LEGISLATURE PART I. PRINCIPLES OF PARLIAMENTARY GOVERNANCE 132. Governing principles 133. Duties generally PART II. ESTABLISHMENT AND COMPOSITION OF THE NATIONAL ASSEMBLY 134. Establishment and composition of the National Assembly 135. Qualifications for membership to the National Assembly 136. Disqualifications for membership of the National Assembly 137. Election of members of the National Assembly 138. Term of the National Assembly 139. Vacancy in the office of member of the National Assembly 140. Suspension of members of the National Assembly 141. Determining question of membership 142. Recall of members PART III. LEADERS OF THE NATIONAL ASSEMBLY 143. The Speaker 144. Deputy Speaker 145. Presiding for the election of Speaker and Deputy Speaker 146. Taking oaths and vacating office 147. Majority and Minority Leader 148. Remuneration and allowances PART IV. SESSIONS AND SITTINGS OF THE NATIONAL ASSEMBLY 149. Sessions of the National Assembly 150. Sittings of the National Assembly PART V. LEGISLATION AND OTHER POWERS OF THE NATIONAL ASSEMBLY 151. The Legislative power 152. Introduction of Bills and Motions PART VI. PROCEDURE IN THE NATIONAL ASSEMBLY 153. Presiding in the National Assembly 154. Vacancy and quorum 155. Language in the National Assembly 156. Voting in the National Assembly 157. Unqualified person sitting or voting 158. Regulation of procedure in National Assembly 159. Committees of the National Assembly 160. Contempt of the National Assembly 161. Public’s right to petition the National Assembly PART VII. NATIONAL ASSEMBLY SERVICE COMMISSION 162. Establishment of National Assembly Service 163. Establishment of National Assembly Service Commission 164. Functions of the National Assembly Service Commission 165. Clerk and staff of the National Assembly PART VIII. RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES 166. Responsibilities of members 167. Freedom of speech, privileges and immunity of members 168. Privileges of witnesses CHAPTER X. JUDICIARY PART I. PRINCIPLES GOVERNING THE ADMINISTRATION OF JUSTICE 169. Principles of justice 170. Judicial authority 171. Independence of the Judiciary PART II. OFFICE OF CHIEF JUSTICE AND JUDICIAL SYSTEM 172. Establishment of Office of Chief Justice 173. The courts and judicial power PART III. THE SUPERIOR COURTS AND JURISDICTION I. The Supreme Court 174. Establishment, composition and general powers of the Supreme Court 175. Jurisdiction of Supreme Court 176. Supervisory jurisdiction 177. Original jurisdiction 178. Appellate jurisdiction 179. Power of Supreme Court to review its decision II. The Court of Appeal 180. Establishment and composition of Court of Appeal 181. Jurisdiction of Court of Appeal III. The High Court 182. Composition of High Court 183. Jurisdiction of High Court 184. Supervisory jurisdiction IV. Shari’ah High Court 185. Composition of Shari’ah High Court 186. Jurisdiction of Shari’ah High Court 187. Supervisory jurisdiction PART IV. THE JUDGES 188. Appointment of Chief Justice and other judges 189. Qualification for appointment of judges 190. Vacancy in Office of Chief Justice 191. Tenure of office of judges 192. Removal from office 193. Remuneration and retirement benefits of judges PART V. ADMINISTRATION OF THE COURTS 194. Establishment of Office of Judicial Secretary 195. Administrative provisions 196. Financial matters PART VI. THE JUDICIAL SERVICE COMMISSION 197. The Judicial Service Commission 198. Appointment of judicial officers and judiciary staff 199. Other functions of the Commission 200. Operation and procedure CHAPTER XI. LOCAL GOVERNMENT AND DECENTRALISATION PART I. PRINCIPLES OF DECENTRALISED LOCAL GOVERNMENT 201. Principles of decentralised government 202. System of local government PART II. ESTABLISHMENT AND COMPOSITION OF LOCAL GOVERNMENT AUTHORITIES 203. Establishment and composition of Local Government Authorities 204. Functions and powers of Local Government Authorities 205. Loans and grants PART III. ELECTION AND TERMS AND CONDITIONS OF APPOINTMENTS OF LOCAL GOVERNMENT AUTHORITIES 206. Election of members of Local Government Authorities 207. Term of Local Government Authorities 208. Financial autonomy and accountability PART IV. OTHER OFFICES OF LOCAL GOVERNMENT AUTHORITIES (SEYFOS AND ALKALOS) 209. Institution and election or appointment of Seyfo and Alkalo 210. Prohibition from participation in partisan politics 211. Tenure, qualifications and disqualifications of Seyfos and Alkalos CHAPTER XII. INDEPENDENT INSTITUTIONS PART I. ESTABLISHMENT OF INDEPENDENT INSTITUTIONS AND OFFICES 212. Establishment 213. Objects and funding of Independent Institutions and Offices 214. Appointments and term of office 215. Qualifications and disqualifications 216. Removal from office 217. Finance 218. Reporting obligation PART II. NATIONAL HUMAN RIGHTS COMMISSION 219. Composition, functions and powers PART III. ANTI-CORRUPTION COMMISSION 220. Composition, functions and powers PART IV. THE OMBUDSPERSON 221. Composition, functions and powers PART V. THE AUDITOR-GENERAL AND NATIONAL AUDIT OFFICE 222. The Auditor-General 223. Functions of the Auditor-General 224. Powers of the Auditor-General 225. Auditor-General’s report 226. National Audit Office PART VI. CENTRAL BANK OF THE GAMBIA 227. Central Bank 228. Functions PART VII. COMMISSIONS OF INQUIRY 229. Commissions of Inquiry 230. Presiding Commissioner 231. Function and powers of Commission 232. Publication of report 233. Adverse findings 234. Immunities of witnesses 235. National Assembly to make further provision CHAPTER XIII. PUBLIC FINANCE PART I. PRINCIPLES OF PUBLIC FINANCE 236. Principles of public finance 237. Government financial support to Local Government Authorities PART II. TAXATION 238. Taxation PART III. PUBLIC FUNDS 239. Consolidated Revenue Fund 240. Withdrawals from Consolidated Revenue Fund and other funds 241. Contingencies Fund 242. Development Fund 243. Salaries charged on the Consolidated Revenue Fund 244. Accountability PART IV. LOANS, GRANTS, GOVERNMENT GUARANTEES AND PUBLIC DEBTS 245. Loans 246. Limits of state borrowings, public debts and state guarantees 247. The public debt PART V. BUDGET 248. Annual estimates and appropriation bill 249. Expenditure before annual budget is passed 250. Supplementary appropriation PART VI. PUBLIC PROCUREMENT 251. Public procurement 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 PART II. LAND, ENVIRONMENT AND NATURAL RESOURCES COMMISSION 253. Establishment and composition of the Commission 254. Powers and functions of the Commission 255. Qualifications, disqualifications and removal from office 256. Independence of the Commission PART III. GENERAL PROVISIONS 257. Land ownership 258. Landholding by non-citizens CHAPTER XV. THE PUBLIC SERVICES PART I. THE PUBLIC SERVICES OF THE GAMBIA 259. The public services of The Gambia 260. Offices in the public service 261. Appointment to and removal from offices in the public services 262. Secretary General and Head of the Civil Service 263. Qualifications, disqualifications and tenure of the Secretary General 264. Permanent Secretaries 265. Protection of public officers 266. Restriction on political activities of public officers 267. Retirement age 268. Pensions 269. Protection of pension rights PART II. SERVICE COMMISSIONS I. General Provisions 270. Establishment, composition and general functions of service commissions 271. Secretariat of the service commissions II. Public Service Commission 272. Powers and functions of the Public Service Commission III. Teachers Service Commission 273. Powers and functions of the Teachers Service Commission III. Health Service Commission 274. Powers and functions of the Health Service Commission PART III. GENERAL PROVISIONS ON SERVICE COMMISSIONS 275. Qualifications, disqualifications and tenure of members of service commissions 276. Additional powers and independence of service commissions PART IV. STATE OWNED ENTERPRISES 277. Appointment, qualifications, disqualifications and removal of board members of State Owned Enterprises 278. Chief Executive Officer 279. Qualifications, disqualifications and removal of Chief Executive Officer 280. Monitoring body 281. Reporting CHAPTER XVI. NATIONAL SECURITY PART I. THE SECURITY SERVICES AND NATIONAL SECURITY COUNCIL 282. Security services 283. National Security Council PART II. ARMED FORCES 284. The Gambia Armed Forces 285. Appointments in Armed Forces PART III. THE POLICE FORCE 286. The Gambia Police Force 287. Objects and functions of the Gambia Police Force 288. Head of The Gambia Police Force 289. Removal from office PART IV. NATIONAL SECURITY SERVICE COMMISSION 290. Establishment of the National Security Service Commission 291. Functions and powers of the National Security Service Commission 292. Qualifications and disqualifications 293. Tenure, independence and removal of Security Service Commissioners CHAPTER XVII. NATIONAL YOUTH DEVELOPMENT 294. Principles of youth development 295. Obligations of the State to the youth 296. Consultation with the youth CHAPTER XVIII. THE NATIONAL COUNCIL FOR CIVIC EDUCATION 297. Establishment and composition of National Council for Civic Education 298. Qualifications and disqualifications 299. Functions of the Council CHAPTER XIX. AMENDMENT OF THIS CONSTITUTION 300. Amendment of this Constitution 301. Amendment of entrenched provisions 302. Amendment of non-entrenched provisions 303. Certificate of compliance with the Constitution 304. Interpretation CHAPTER XX. MISCELLANEOUS PART I. APPOINTMENTS, RESIGNATIONS, ETC 305. Acting appointments 306. Resignations 307. Re-appointments and concurrent appointments 308. Duty to provide reasons for adverse decisions 309. Duty not to act on an unlawful directive 310. Power to legislate for and publish matters in this Constitution PART II. General 311. Interpreting this Constitution 312. Interpretation 313. Construction of various powers 315. Transitional and consequential provisions 316. Repeal SCHEDULE 3. TRANSITIONAL AND CONSEQUENTIAL PROVISIONS 1. Interpretation 2. Existing laws 3. Rights, duties and obligations 4. The Executive 5. Term of office of incumbent President 6. Disclosure of assets, etc 7. The National Assembly 8. Term and language of the National Assembly 9. Convening of next National Assembly and Standing Orders 10. The Judiciary 11. Judges 12. Local Government Authorities 13. Electoral boundaries 14. Existing offices 15. Service Commissions 16. Independent institutions and offices 17. Commission for implementation of the Constitution 18. Establishment of National Assembly Select Committee 19. Financial support to the Commission 20. Commissions of Inquiry 21. Enforcement of other provisions of this Constitution
The youth are an important asset in the national development of The Gambia and shall be factored in all affairs of State policy to ensure their development and effective participation in nation building.
The following principles apply in relation to youth development and participation in nation building-
the State is, among other things, built on the strength, ability, competence, professionalism and capacity of its people of which the youth are an important constituency;
the youth shall be adequately trained for public life in order to engender in them the national values and principles set out in this Constitution and any Act of the National Assembly, and prepare them to conduct themselves professionally and ethically;
youth participation and inclusion is essential in building and fostering national unity, cohesion, peace, patriotism and service to the people;
the youth shall be afforded opportunities to serve their country on the principle of equality, commitment, service to State, non-discrimination (whether as to language, ethnicity, background, or otherwise) and love for nation; and
every support shall be provided to the youth to enable them to develop and realise their full potential.
An Act of the National Assembly may provide further principles as it may consider necessary to strengthen the development of the youths of The Gambia.
The Government shall, within three years of the coming into force of this Constitution-
establish such schemes and institutions that will further the training and development of the youth;
strengthen any existing scheme or institution related to the youth to facilitate the overall development of the youth; and
provide adequate funding to realise the matters specified in paragraphs (a) and (b).
The matters specified under subsection (1) shall be provided on an ongoing basis.
The State shall promote and protect the rights of the youth, and shall take positive measures to eliminate policies and practices that may hinder the growth, development and advancement of the youth.
The Government shall, in any matter concerning the development of policies and decision making relating to or affecting the youth specifically, consult the youth to receive their opinions on such policies and decisions.
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