National Constitutional provisions – Gambia

The Constitution of the second Republic of the Gambia 1996, amended 2001

EDUCATION

Art. 30. Right to education

All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realisation of that right -

(a) basic education shall be free, compulsory and available to all;

(b) secondary education, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by progressive introduction of free education;

(c) higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by progressive introduction of free education;

(d) functional literacy shall be encouraged or intensified as far as possible;

(e) the development of a system of schools with adequate facilities at all levels shall be actively pursued.

Art. 217. Educational objectives

(1) The state shall endeavour to provide adequate educational opportunities at all levels of study for all citizens.

(2) The state shall pursue policies to ensure basic education for all citizens and shall endeavour to provide adequate resources so that such tuition for basic education shall be free for all citizens.

(3) The state shall endeavour to provide skills training centres.

(4) The state shall take measures to create an adult literacy programme, rehabilitative vocational training for the disabled, and continuing education programmes.

Art. 25. Freedom of speech, conscience, assembly, association and movement

(1) Every person shall have the right to -

(a) freedom of speech and expression, which include freedom of the press and other media;

(b) freedom of thought, conscience and belief, which shall include academic freedom;

(c) freedom to practice any religion and to manifest such practice;

(f) freedom to petition the executive for redress of grievances and to resort to the courts for the protection of his or her rights.

(4) The freedoms referred to in subsections (1) and (2) shall be exercised subject to the law of The Gambia in so far as that law imposes reasonable restrictions on the exercise of the rights and freedoms thereby conferred, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of The Gambia, national security, public order, decency or morality, or in relation to contempt of court.

EQUALITY

Art. 17. Fundamental rights and freedoms

(2) Every person in The Gambia, whatever his or her race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter, but subject to respect for the rights and freedoms of others and for the public interest.

Art. 26. Political rights

Every citizen of The Gambia of full age and capacity shall have the right, without unreasonable restrictions -

(c) to have access, on general terms of equality, to public service in The Gambia.

Art. 33. Protection from discrimination

(1) All persons shall be equal before the law.

(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.

(3) Subject to the provisions of subsection (5), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or public authority.

(4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.

(5) Subsection (2) shall not apply to any law in so far as that law makes provision -

(a) with respect to persons who are not citizens of The Gambia or to qualifications for citizenship;

(b) with respect to the qualifications prescribed by this Constitution for any office;

(c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;

(d) for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.

(6) Subsection (3) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (5).

(7) The exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by the Constitution or under any other law shall not be enquired into by any court on the grounds that it contravenes the provisions of subsection (3).

Art. 212. National integration and unity

(3) All the people of The Gambia shall be entitled to their ethnic, religious and cultural values which do not disturb the unity or cohesion of the state.

Art. 214. Political objectives

(1) The Gambia shall be a democratic state dedicated to freedom, peace, progress, prosperity and justice.

(2) The people shall express their will and consent as to who shall govern them and how they shall be governed, through regular, free and fair elections of their representatives.

(3) The state shall be guided by the principles of decentralisation and the devolution of governmental functions and powers to the people at appropriate levels of control to facilitate democratic governance.

(4) In the composition of the government women shall be fairly represented.

(5) The government, with due regard to the principles of an open and democratic society, shall foster accountability and transparency at all levels of government.

GENDER and VULNURABLE GROUPS

Art. 28. Rights of women

(1) Women shall be accorded full and equal dignity of the person with men.

(2) Women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities.

Art. 31. Rights of the disabled

(1) The right of the disabled and handicapped to respect and human dignity shall be recognised by the state and society.

(2) Disabled persons shall be entitled to protection against exploitation and to protection against discrimination, in particular as regards access to health services, education and employment.

(3) In any judicial proceedings in which a disabled person is party, the procedure shall take his or her condition into account.

Art. 216. Social objectives

(1) The state shall endeavour to secure and promote a society founded on the principles of freedom, equality, justice, tolerance, probity and accountability.

(2) The state shall pursue policies to protect the rights and freedoms of the disabled, the aged, children and other vulnerable members of society and to ensure that such persons are provided just and equitable social opportunities.

(3) The state, in pursuing policies in subsection (2), shall be bound by the fundamental rights and freedoms in the Constitution and shall be guided by international human rights instruments to which The Gambia is a signatory and which recognise and apply particular categories of basic human rights to development processes.

(4) The state shall endeavour to facilitate equal access to clean and safe water, adequate health and medical services, habitable shelter, sufficient food and security to all persons.

(5) The state shall encourage and promote the establishment and maintenance of contributory schemes that shall provide economic security for all citizens.

(6) The state shall endeavour to ensure safe systems of working conditions for persons who are employed and to provide that such persons are entitled to adequate rest, leave and leisure.

(7) The state shall endeavour to ensure that adequate sports facilities are established throughout The Gambia and that sports are promoted as a means of fostering national integration, health and self-discipline and international friendship and understanding.

LANGUAGE

Art. 218. Cultural objectives

The state and all the people of The Gambia shall strive to protect, preserve and foster the languages, historic sites, cultural, natural and artistic heritage of The Gambia.

CHILDREN’s RIGHTS

Art. 29. Rights of children

(1) Children shall have the right from birth to a name, the right to acquire a nationality and subject to legislation enacted in the best interests of children, to know and be cared for by their parents.

(2) Children under the age of sixteen years shall be entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or be harmful to their health or physical, mental, spiritual, moral or social development.

(3) A juvenile offender who is kept in lawful custody shall be kept separately from adult offenders.

HUMAN RIGHTS EDUCATION

Art. 198. National Council for Civic Education

There shall be established a National Council for Civic Education whose composition, functions and powers shall be prescribed by an Act of the National Assembly.

Art. 199. Functions of the Council

(1) The functions of the National Council for Civic Education shall be –

(a) to create and sustain within society an awareness of the principles and objectives of this Constitution as the fundamental law of The Gambia;

(b) to educate and encourage the public to defend this Constitution against all forms of abuse and violence;

(c) to formulate, from time to time, for the consideration of the government, programmes at national and district levels aimed at realising the object of this Constitution;

(d) to formulate, implement and oversee programmes aimed at inculcating in the citizens of The Gambia awareness of their civic and fundamental rights, duties and responsibilities;

(e) to educate the citizens of The Gambia about international, regional and sub-regional matters relevant to The Gambia; and

(f) such other function as an Act of the National Assembly may prescribe.

(2) An Act of the National Assembly may provide for the establishment of district branches of the Council.

(3) In the exercise of its functions, the Council shall be apolitical and, save as may be provided by an Act of the National Assembly, shall not be subject to the direction or control of any other person or authority.