Is the 2024 Draft Constitution More Inclusive for Dual Citizens?
President Adama Barrow on QTV’s State of Affairs Program © QTV
In his latest interview with Alieu Ceesay of QTV, President Adama Barrow claimed that his government intends to ensure that Diaspora Gambians are included in the electoral processes and Cabinet positions.
Aired on Thursday, 30th January 2025, President Barrow was asked, “Isn’t it high time we change the laws” to enable the Diaspora to be included in Cabinet positions and contest for other positions “to contribute to national development?”
President Barrow responded, “This is our intention,” and highlighted that the Diaspora can be appointed as “managing directors, permanent secretaries, and ambassadors; these are all there.”
Alieu Ceesay interjected to ask, “They can’t be president. You have to renounce your citizenship.”
In response, President Barrow reiterated, “They can’t be president. But that’s what I am telling you. But obviously our intention is to make sure that we allow all of them to be part of all our processes.” Whatch the short clip in the link below: https://www.facebook.com/QTVGM/videos/the-diaspora-plays-a-crucial-role-in-the-countrys-development-however-they-are-u/2144435126019535/?
How the 1997 Constitution Excludes Dual Citizens
The Gambia is currently governed by the 1997 Constitution, which ushered in the Second Republic under the leadership of former President Yahya Jammeh.
On the issue of Diaspora inclusion, the current law of the land excludes Gambians with dual nationalities from contesting for president, the National Assembly, and being appointed as Cabinet ministers.
The following provision of the 1997 Constitution disqualifies dual citizens from contesting.
· Provision 62 (2): “A person who holds the citizenship or nationality of a country other than The Gambia, shall not be qualified for election as President.”
· Provision 90 (1) (a): “No person is qualified for election as a member of the National Assembly if he or she holds the citizenship or nationality of a country other than The Gambia.”
· Provision 771(2): “A person shall not be qualified to be appointed or hold the office of a Secretary of State if, he or she is a member of the National Assembly or if he or she holds the citizenship or nationality of any country other than The Gambia.”
More Inclusive 2020 Draft Constitution Rejected
The 2020 Draft Constitution was prepared after wide consultation by the Constitution Review Commission, an independent body instituted by the Fifth Legislature. However, after spending over D120 million on its formulation, it was eventually rejected by parliamentarians of the Fifth Legislature on 20th September 2020.
On the issue of dual nationality, the 2020 Draft Constitution aimed to allow dual citizens to occupy Cabinet positions and contest for the National Assembly but maintained the status quo for the positions of President and Vice President by extension.
Below are the relevant provisions of the 2020 Draft Constitution.
· Provision 94 ((1)(a): “A person is disqualified for election as President if he or she holds the citizenship or nationality of, or in any other manner owes allegiance to, a country other than The Gambia.”
· Provision 116(1)(a): “A person is qualified to be appointed a Minister if he or she is a citizen of The Gambia.”
· Provision 137(1)(a): “A person is qualified to be nominated and to contest for election to the National Assembly if he or she is, subject to subsection (3), a citizen of The Gambia.”
· For clarity, provision 137(3) states that “A person who is registered or naturalised as a citizen of The Gambia is eligible to be nominated and to contest election to the National Assembly if, by the date of nomination, he or she has been a registered or naturalised citizen for a period of at least ten years.”
· Provision 138(1)(a): “No person is qualified to be nominated for election as a member of the National Assembly if he or she, as a registered or naturalised citizen, holds the citizenship or nationality of a country other than The Gambia.”
· The above provision does not apply to naturally born Gambians who have dual citizenship.
The 2024 Draft Constitution Maintains the 2020 Draft Constitution
Many people have called the 2024 Draft Constitution the “Barrow Papers” because the Executive took the 2020 Draft Constitution and made significant changes to it without sufficient consultation, as declared by civil society and political party leaders.
The 2024 Draft Constitution was prepared after the Cabinet presided over it in the week of 27th to 31st May 2024, as declared by the Minister of Justice, Hon. Dawda Jallow, on Saturday 25th May 2024.
Below is the list of relevant provisions of the 2024 Draft Constitution.
· Provision 84(1), 106(1)(a), 126(1)(a), 126(2), and 127(1)(a) are all identical to the above provisions included in the rejected 2020 Draft Constitution.
Conclusion
The 1997 Constitution currently disqualifies dual citizens from contesting for president, the National Assembly, and also disqualifies their appointment as vice president and cabinet ministers.
The 2020 Draft Constitution aimed to enable dual citizens to contest for the National Assembly and to be appointed as Cabinet ministers. It only disqualifies dual citizens from contesting for president and being appointed as vice president. The 2024 Draft Constitution maintains the same provisions as the 2020 Draft Constitution.
In conclusion, our report highlights that the 2024 Draft Constitution is indeed more inclusive for dual citizens in contrast to the existing 1997 Constitution. Although the proposed 2024 Draft Constitution still disqualifies dual citizens from contesting for president and being appointed vice president.
