What is in the 2020 Draft Constitution: Key Provisions on Citizenship
1. Citizenship on Commencement
• All individuals who were citizens before the Constitution’s enforcement remained citizens of The Gambia by birth, descent, registration, or naturalization.
2. Citizenship by Birth and Descent
• Citizenship by birth: Any person born in The Gambia is presumed to be a citizen if at least one parent is a Gambian citizen.
• Citizenship by descent: Any person born outside The Gambia is a citizen by descent if at least one parent is a Gambian citizen (excluding those acquiring citizenship through naturalization or similar means).
3. Citizenship by Registration
• A person married to a Gambian citizen for at least ten years and ordinarily residing in The Gambia for five years may apply for citizenship by registration.
• Non-Gambian children adopted by Gambian citizens are eligible for citizenship upon application.
4. Citizenship by Naturalization
• Foreigners who have lived in The Gambia for at least fifteen years and meet other requirements (age, capacity, good character) can apply for naturalization.
• Applicants must renounce other citizenships unless their country of origin permits dual citizenship with The Gambia.
5. Dual Citizenship
• Gambian citizens by birth may hold citizenship of another country.
• Naturalized citizens must renounce other citizenships, unless their country permits dual citizenship.
6. Deprivation of Citizenship
Citizens may lose their Gambian citizenship due to the following:
• Acquired by fraud or misrepresentation
• Engaged in acts inimical to national security
• Acquired citizenship of another country (applies to naturalized citizens)
• Naturalized citizens cannot be deprived of citizenship if it would leave them stateless.
7. Restoration of Citizenship
• Gambians by birth who lost citizenship due to dual nationality may have it restored upon written request.
8. Other Provisions
• National Assembly may pass laws related to citizenship, including registration of non-Gambians born in The Gambia.
What is in the 2024 Final Draft Constitution: Key Provisions on Citizenship
1. Citizenship on Commencement
• Any individual who was a citizen of The Gambia before the commencement of this Constitution remains a citizen by birth, descent, registration, or naturalization
2. Citizenship by Birth and Descent
• Citizenship by birth: Any person born in The Gambia is presumed to be a citizen if at least one parent is a Gambian citizen.
• Citizenship by descent: Any person born outside The Gambia is a citizen by descent if either parent is a Gambian citizen, except for those who acquired citizenship by registration or naturalization.
3. Citizenship by Registration
• A person married to a Gambian citizen for at least ten yearsand living in The Gambia for five years can apply for citizenship by registration.
• Non-Gambian children adopted by Gambian parents are also entitled to apply for citizenship.
4. Citizenship by Naturalization
• Applicants who have lived in The Gambia for fifteen yearscan apply for citizenship through naturalization, provided they meet the required criteria (good character, intention to reside, financial stability).
• Renunciation of other citizenships** is required unless the applicant’s country allows dual citizenship.
5. Dual Citizenship
• Citizens by birth can hold citizenship in another country.
• Naturalized citizens must renounce any other citizenship, except where the other country allows dual nationality.
6. Deprivation of Citizenship
• Citizenship may be revoked if obtained through fraud, if the person engages in activities harmful to the state, or if a naturalized citizen acquires another nationality without renouncing Gambian citizenship.
• Naturalized citizens cannot be deprived of their Gambian citizenship if doing so would make them stateless.
7. Restoration of Citizenship
• Citizens by birth who lost Gambian citizenship by acquiring another nationality can have their citizenship restored upon notification to the Minister.
• Naturalized citizens can restore citizenship by renouncing their foreign nationality.
What you need to know
1. Maintenance of Existing Citizenship
• The provisions ensuring that all Gambians before the enforcement of the new Constitution remain citizens are maintained.
2. No Significant Changes in Birth and Descent Provisions
• The rules governing citizenship by birth and descent remain the same in the 2024 Constitution.
3. Changes to Citizenship by Naturalization
• The requirements for naturalization, such as the 15-year residency rule, have not changed. However, the requirement to renounce other citizenships remains unless the applicant’s country permits dual citizenship with The Gambia.
4. Deprivation of Citizenship Maintained
• The provisions for revoking citizenship obtained through fraud or security threats remain intact. However, special protections for naturalized citizens ensure they will not be left stateless.
5. Restoration of Citizenship Simplified
• A straightforward process for restoring citizenship for Gambians by birth who lost it due to dual nationality is retained in the new Constitution.
What Remains the Same?
• Gambians by birth can hold dual citizenship with no restrictions.
• The National Assembly retains the authority to pass laws concerning citizenship registration, renunciation, and acquisition.
• Marriage to a Gambian for at least ten years and residence for five years are still requirements for citizenship by registration.
Conclusion
The changes between the 2020 and 2024 constitutions regarding citizenship are minimal, with the primary adjustments focusing on clarifying the naturalization process, maintaining the principles of dual citizenship, and simplifying the rules for restoring citizenship.