The Gambia 2019 Draft Constitution

CHAPTER III. NATIONAL VALUES AND PRINCIPLES

10. National values and governance

1. The national values and principles of governance in this section bind all State organs, Local Government Authorities, State officers, public officers and all other persons whenever any of them—
   1. applies or interprets this Constitution;
   2. enacts, applies or interprets any law; or
   3. makes or implements public policy decisions.
2. The national values and principles of governance include—
   1. patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;
   2. human dignity, equity, social justice, inclusiveness, equality, respect for human rights and freedoms, non-discrimination and protection of the marginalised;
   3. integrity, transparency and accountability; and
   4. sustainable development.

11. Culture

1. This Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Gambian people and nation.
2. The State shall—
   1. promote all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage;
   2. recognise the role of science, research and indigenous technologies in the development of the nation; and
   3. promote the intellectual property rights of the people of The Gambia.
3. The National Assembly shall enact legislation to—
   1. ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage; and
   2. recognise and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and their use by the communities of The Gambia.

12. Duties of citizens

1. The exercise and enjoyment of rights and freedoms provided for in this Constitution are inseparable from the performance of duties and obligations, and accordingly, every citizen shall-
   1. promote and protect the prestige and good reputation of The Gambia;
   2. respect the National symbols of The Gambia;
   3. uphold and defend the Constitution;
   4. foster national unity, cohesion and live harmoniously with others;
   5. respect the rights, freedoms and legitimate interests of others and refrain from acting in a manner detrimental to the welfare of other persons;
   6. serve The Gambia by working conscientiously in his or her chosen occupation;
   7. protect and preserve public property, and expose or engage in any lawful act to prevent the misuse and waste of public funds and property;
   8. contribute to the well-being of the community in which the citizen lives;
   9. be loyal to The Gambia and contribute to its defence when necessary;
   10. co-operate with the appropriate agencies in the maintenance of law and order; and
   11. protect and conserve the environment of The Gambia.
2. The Courts may have regard to the duties outlined in subsection (1) in interpreting any laws based on them.
3. A person who exposes, or engages in any lawful act to prevent, the misuse and waste of public funds and property pursuant to subsection (1) (g) commits no offence under any law, including this Constitution.