The Gambia is a small country located in West Africa (in fact the smallest country in mainland Africa), the country is wedged into Senegal which almost entirely surrounds it, there is a small coast along the Atlantic Ocean, the country’s capital city Banjul is found at the mouth of the River Gambia that enters into the country from the Atlantic Ocean.
At the start of the 14th Century most of what is today The Gambia was part of the Mali Empire and before this time Arab traders had provided the first written accounts of what is today The Gambia. The Portuguese arrived in the area during the mid-15th Century and dominated the overseas trade, including the slave trade. Exclusive trade rights were given to English merchants by the Portuguese.
For a time, some islands in the Gambia River were colonies of the Duchy of Courland and Semigallia as they had been purchased by Jacob Kettler, these would eventually be ceded to the English in 1664. During the later 17th Century and the 18th Century the British and French Empires often competed with each other in the area for political and commercial dominance. The British later occupied The Gambia in 1758 during the Capture of Senegal, a part of the Seven Years’ War with France.
A 1783 treaty gave Britain possession of the Gambia River although the French retained a small exclave at Albreda which was on the river’s north bank but this was later ceded to Britain in 1856. The Gambia officially became a crown colony of the British Empire in 1888 and it was called British Gambia, some of the territory was also a protectorate. The colony begun moving towards self-government from 1901, there was some conflict between the British and native Gambians, but British colonial forces maintained control.
After World War 2 the process of constitutional reform and self-government sped up with general elections held in 1962 and full internal self-governance being achieved in 1963. The Gambia later achieved independence in 1965 but remained a part of the Commonwealth Realm meaning the British Monarch remained Head of State, represented by a Governor-General, a referendum aimed to make The Gambia a republic but it failed, but a 2nd referendum made The Gambia a republic (with its own President as Head of State) within the Commonwealth in 1970.
After this there was a failed coup in 1981 where Senegal forces helped defeat the rebels which led to the creation of a loose confederation between the two countries called the Senegambia Confederation but The Gambia withdrew from it in 1989. Another coup in 1994 that was bloodless led to the toppling of the country’s first president (who by that point had been re-elected five times) and installed Yahya Jammeh as Head of State, who ruled for decades, elections held under him were originally deemed as free and fair.
The Gambia left the Commonwealth in 2013 and then an election in 2016 saw long-time president Jammeh lose and although he originally accepted the results and intended to step down, he later called the result void and asked for a fresh election which lead to a constitutional crisis where ECOWAS countries invaded The Gambia leading to Jammeh stepping down and Adama Barrow, the winner of the election, taking power. The Gambia then rejoined the Commonwealth in 2018.
The country is made up of a number of ethnic groups with the largest being the Mandinka followed by the Fula, the official language is English and National Languages include Mandinka, Fula, Wolof, Serer and Jola. The largest religion is Sunni Islam. The Gambia’s rising population is over 2,433,000.
Government Type
The Gambia is a Presidential Republic, there is a President who is Head of State and Head of Government. There is a unicameral parliament which makes up the legislative government. Multiple Parties are allowed. Parties that are formed on ethnic, sectional, religious, or regional basis or if its internal organization does not conform with democratic principles or its purpose is to subvert the constitution or rule of law are not allowed.
Note that The Gambia has drafted a new constitution in 2019 but it has yet to be implemented, it has in-fact failed to reach the required support on the 3rd reading in the unicameral parliament and so from here its implementation is unsure, so this post will be using the 1996 constitution with amendments through to 2004, which is what is currently in effect as of typing this up.
The current constitution allows citizens to defend any danger to the constitution through resistance to the extent that is reasonably justifiable against those who violently or unlawfully aim to suspend, overthrow or abrogate the constitution or any part of it. There is a system where the President and others are removed from office for constitutional violation. Those who resist unlawful or violent change to the constitution commit no offence.
The Gambia’s laws includes Acts of the National Assembly; any orders, rules, regulations or other subsidiary legislation made by a person or authority under a power conferred by the constitution or any other law; existing laws and all decrees passed by the Armed Forces Provisional Ruling Council; the common law and principles of equity; customary law so far as it concerns members of communities to which it applies; and the sharia as regards marriage, divorce and inheritance among members to which the communities it applies.
The Executive Government
The Head of State
The President is the country’s Head of State and also of the Government and is the Commander-in-Chief of the country’s armed forces. One of the jobs of the President is to uphold and defend the constitution. Another job in basic is day-to-day running of the Government. There is also a Vice-President who is appointed by the President.
Presidential Duties
The President appoints members of Government, they are called Secretaries of State and run the departments of the Government, they serve until the President either removes them, replaces them or the President leaves office to be replaced by a new President. There cannot be more than fifteen Secretaries of State. There is also an Attorney-General appointed by the President.
The National Assembly can hold a vote of censure against a Secretary of State and if successful the President must remove them from their office.
The President, the Vice-President and the Secretaries of State make up the Cabinet. The Cabinet advises the President with respect to the policies of the Government. The Vice-President and Secretaries of State are collectively responsible to the National Assembly for any advice given to the President. The Vice-President and Secretaries of State are also responsible to the President and the National Assembly for the administration of Government departments and any other business of Government they have been given.
There is a National Security Council which advises the President on all matters relating to security of The Gambia as well as integration of domestic and foreign policies that relate to its security. Within the council the President directs appropriate measures to safeguard the internal and external security of The Gambia and to provide for co-operation of the departments and agencies of the Government.
Members of the above council include the President, Vice-President, Secretaries of State that are responsible for defence and internal affairs, the Chief of Staff and two other Armed Forces appointed by the President, the Inspector General of Police, the Director-General of the National Intelligence Agency and the President’s intelligence advisor.
The President has a number of foreign affairs duties such as conducting relations with other states and international organisations; negotiation and conclusion of treaties and other international agreements which then will go for ratification by vote of the National Assembly; declaration of war and making of peace with prior National Assembly consent. On matters where engagement with a country causes loss of sovereignty there will first be a referendum and on joining international organisations the National Assembly must first be satisfied that it is in The Gambia’s interest and that it doesn’t affect sovereignty.
Subject to the constitution the President can constitute any public office for The Gambia and make appointments to that office or terminate those appointments.
The President has the prerogative of mercy which he/she can use after consultation with the committee to that matter, the committee includes the Attorney-General and three other persons appointed by the President and then confirmed by the National Assembly. The prerogative of mercy can be used to pardon, remit, give respite from punishment, or substitute a less severe form of punishment.
Judicial Matters
There is a Judicial Services Commission that has a number of roles in the Judicial branch such as recommending judicial appointments to the President. Members of the Judicial Services Commission are the Chief Justice who is its Chairman; a judge of a superior court, the solicitor General; a legal practitioner of five years standing at The Gambia Bar who is nominated by the Attorney-General in consultation with The Gambia Bar Association; one person appointed by the President; and one person nominated by the National Assembly.
The Director of Public Prosecutions is appointed by the President.
The Chief Justice is appointed by the President after consultation with the Judicial Services Commission. All other judges of the Superior Courts are appointed by the President on recommendation of the Judicial Services Commission.
Presidential Absence and Vacancy
When the President is temporarily absent then the Vice-President will take the functions of the office until their return, if the Vice-President is unable to do this then the Speaker of the National Assembly will do so instead, there powers will be limited on things that are exclusive to the execution of the President.
If the President is permanently absent then the Vice-president or if not him/her the Speaker of the National Assembly will serve the office for the remainder of the term, the Speaker will vacate their position as Speaker including their seat in the National Assembly.
Emergency Provisions
The President can at any time can proclaim a state of public emergency in whole or any part of The Gambia or the President can announce that a situation exists that may lead to a declaration of a state of public emergency if it continues.
The state of public emergency will lapse after a period of 7-days, this increases to 21-days if the National Assembly is not in session. The state of public emergency will go beyond those limited days if a resolution of the National Assembly gives consent to this by a vote of no less than two-thirds of all members. The President or the National Assembly (via a resolution supported by a majority of its members) can end a state of public emergency at any time.
The state of public emergency allows authorities special powers to deal with such situations.
Removal from Office
A vote of no confidence held by the National Assembly supported by at least a two-thirds majority can lead to the removal of the President if the subsequent referendum endorses the decision.
The President can be removed from office on the grounds of mental/physical incapacity or on the grounds of certain misconduct by the President. For mental/physical incapacity the process is triggered if at least one-half of all members of the National Assembly submit in writing to the Speaker in which they allege mental/physical incapacity of the President, the Speaker will then call on the Chief Justice to constitute a Medical Board, put together on recommendation of the head of the medical services of the Gambia, the Medical Board will comprise of at least five independent medical practitioners of appropriate standing.
The Medical Board will then make an opinion which will be submitted to the Speaker and presented to the National Assembly who shall vote on it, requiring a two-thirds majority to remove from office.
For misconduct the President can be removed for either abuse of office, willful violation of the oath of allegiance or the President’s oath of office, or willful violation of any part of the constitution. The President can also be removed for conducting themselves in a manner that brings or is likely to bring the office of President into contempt or disrepute; or he or she has dishonestly done any act which is prejudicial or inimical to the economy of the Gambia or dishonestly omitted to act with similar consequences.
In this instance it is again triggered by one-half of members through the Speaker who asks the Chief Justice to form a tribunal that includes a Justice of the Supreme Court as Chairman, and no less than four other persons chosen by the Chief Justice, at least two who hold or have held high judicial office. There shall then be an investigation to determine if the President can be held to the alleged misconduct, if they rule not then there is no further action, but if they do rule against the President then it shall be presented to the National Assembly who shall vote whether to remove from office via a two-thirds majority.
The Legislative Government
The legislative parliament is made up of a unicameral chamber called the National Assembly, it currently has 58 members. Its main job is to have legislation introduced to it and to debate it and can also amend legislation and then either pass or reject it. It is also part of the job of the National Assembly to keep the executive and Government in check such as via motions of confidence, motions of censure and committees/commissions of inquiry. It is the President’s duty to execute acts of the National Assembly. During wars or states of public emergency the National Assembly can vote by a two-thirds majority to extend its term by 3-months at a time, but cannot extend beyond an extra year, extension of the parliamentary term also extends the President’s term as well.
Legislative bills are presented to the parliament by Cabinet members and National Assembly members.
Bills passed by the parliament will go on to be given assent by the President, the President shall within 30-days either give assent or decide to return the bill to the National Assembly requesting them to reconsider the bill, including the President’s reasons why and any recommendations for amendment, passing the bill again with or without the amendments requires a two-thirds majority, if passed in this way the President must give assent to the bill within 7-days. The President can declare urgency for a bill to speed up the process. Money bills cannot be introduced by National Assembly members.
The President will address the National Assembly annually on the condition of The Gambia, the policies of the Government and the administration of the State. The National Assembly can request the President to a sitting of the National Assembly for matters of national importance.
The National Assembly can request the Vice-President or a Secretary of State to attend a sitting on a topic of any matter concerning a department or other business of Government committed to their charge, which they must attend. The Vice-President or a Secretary of State is also entitled to speak in the National Assembly whenever a bill or any other matter concerning such department or business is being debated.
The National Assembly has an elected Speaker and Deputy Speaker that regulates debate and make sure the bylaws of the National Assembly are adhered to. The Speaker summons a session of the National Assembly outside of normal times either when the President requests it or a request is made by at least one quarter of all members.
The National Assembly can censure either the Vice-President or a Secretary of State such as for inability to perform the functions of their office, abuse of office, violation of the constitution or misconduct in office. A vote of censure if initiated by at least a third of all members of the National Assembly which is received by the President through the Speaker. There will later be a debate on the motion after 14-days and a vote, with their needing to be a two-thirds majority to censure.
Other Functions
The National Assembly receives and reviews reports of the Government which goes into details on their activities and also any other reports as are required to be made in accordance with the constitution. The National Assembly also reviews and approves proposals to raise revenue by the Government.
The National Assembly examines the accounts and expenditure of the Government and other public bodies that are funded by public money and the reports of the Auditor-General.
There are a number of committees that are appointed by the National Assembly for its effective functioning. Committees of inquiry can also be set up to look into important matters such as with the Government, ministries, or any matter of public importance, such committees of inquiry will have powers for compulsory attendances and producing of information.
The Electoral System
There exists an Independent Election Commision which includes a Chairman and four other members. These members are appointed by the President in consultation with the Judicial Service Commission and the Public Service Commission. Members serve for 7-year terms and can be renewed once although three of the first members in this case must serve lesser periods than seven years to provide for continuity.
Presidential Elections happen every 5-years, candidates for President must be supported by at least 5,000 registered voters with at least 200 from each administrative area. Candidates will also need to deposit a sum of money to the Independent Electoral Commission, the sum given is determined by electoral legislation, the sum is returned if the candidate does not receive at least 40% of the vote.
To be a candidate for President one must also be a citizen of The Gambia either by birth or descent, be at least 30-years-old but no older than 65, have been ordinarily resident in the Gambia for at least 5-years prior to the election, has completed senior secondary school education and is qualified to also be elected to the National Assembly.
Things that disqualify one from running for President including holding dual citizenship, or while holding office they have been compulsorily retired, terminated or dismissed or who has been found guilty of a crime by a court or tribunal established by law or who has been found liable for misconduct, negligence, corruption, or improper behavior by any committee or commission of inquiry established by law.
Presidential elections use an absolute majority two-round system where in the first-round candidates require at least 50% of the vote to win outright otherwise a 2nd round is held between the top two candidates which is won by simple majority. Political parties who participated in the election or independent candidates can apply to the Supreme Court within 10-days if they want to challenge the validity of the results.
Parliamentary elections for the National Assembly happen every 5-years and 53 of its 58 members are elected from single-seat constituencies using a first-past-the-post system and the remaining 5 members are appointed by the President. To be eligible as a member of the National Assembly one must be a citizen of The Gambia, be at least 21-years-old, have lived ordinarily as a citizen in the respective constituency for at least a year prior to their nomination, is able to speak the English language to a sufficient degree, and made a declaration of their assets to the Independent Electoral Commission.
To vote one must be a citizen of The Gambia and be at least 18-years-old and of sound mind.
Sources
The source for this constitution comes from The Gambia’s 1996 constitution with amendments through to 2004 (constituteproject.org) and so should be as far as now up to date as possible but remember there is an attempt to implement a new 2019 constitution which has so far failed but may happen in the future and so this may soon become outdated, as well as that I may have misinterpreted some things and missed other parts out and so cross-research is suggested if using this in a serious capacity.
Amendments to the constitution are proposed by the National Assembly, passage requires a three-fourths majority vote in several readings and then approval by the President. Amendments that effect national sovereignty, fundamental rights and freedoms, government structures and authorities, taxation, and public funding require approval in a national referendum, such a referendum requires participation of at least 50% of registered voters and requires at least 75% of voters to be in favour.
Next up will be the government system of Georgia.
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