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Subject:
From:
Rene Badjan <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Wed, 12 Jul 2000 12:55:00 EDT
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 Buharry,
       You wrote "however, I would like to ask for the rationale behind
basing your arguments on the 1970 Constitution when that Constitution was
abrogated in Schedule 2, section 15 of the current Constitution."

      Your observation is quite pertinent. However, if there is still
legitimacy of the 1970 provisions within the context of citizenship, then the
issues Halifa raised are very instructive. With its impending ramifications
on a majority of people, it needs to be resolved urgently if the legal
implications are still there. More so, when the citizen status of people who
are positively impacting developments in their "country" are being
questioned. These issues need to be concluded before they create a national
crises; if and when people who assumed to be citizens, are denied
participation in being elected to national office because of these provisions
in the 1970 Constitution. I believe it has happened in Ivory Coast, and if
not mistaken in other African countries as well.

   Notwithstanding, I would appreciate if Halifa can clarify some of the
submissions I will make pertaining to this issue. I am doing so without
recourse to any knowledge about the Constitution, both past and present, and
may err in my judgments.

    When you wrote "no campaign was done for such people to be registered as
citizens when they should have been registered", does this imply that those
born in the Gambia before 1965, and neither of whose parents nor any of their
grandparents were born in the Gambia or naturalized, should have been
registered as citizens? How does the registration in this circumstance should
have, or should take place? Is the mere fact that those born before 1965, and
neither of whose parents nor any of their grandparents were born or
naturalized in the Gambia, but whose birth was registered with the
appropriate Government department to obtain a birth certificate, satisfy this
registration provision of the 1970 Constitution?

     Section 4, subsection (1) of the 1970 Constitution cited made provisions
for people who were born before 17 February 1965, and neither of whose
parents nor any of their grandparents were born or naturalized in the Gambia,
to apply before a specific date, and in such manner as may be prescribed by
or under an act of parliament, to be registered as citizen of the Gambia.

    What happens if the manner of registration has never been prescribed or
there is no act of parliament regarding such prescription? If these
provisions of the 1970 Constitution are not in the present Constitution as
Buharry inferred, can a parliament of the present Constitution prescribed
such a manner of registration or promulgate an act of parliament thereof?

    Secondly, how is the citizenship or lack thereof of people who were born
before February 17, 1965 and neither of whose parents nor grandparents were
born or naturalized in the Gambia, to be determined if there is nothing in
the contrary to prove that their parents were not born in the Gambia?  Or,
both parents and grandparents are deceased and their being born or not born
in the Gambia cannot be conclusively determined?

    I raised all these case scenarios in the event that citizenship has
become a big political disadvantage for those who want to actively
participate in national life, but feel insecured with their citizenship
status as you rightly noted.

   Suffice it to say, that those whom Section 4, subsection (1) reffered to,
and who did not apply when they were twenty-one years old in 1967, or their
parents to apply for them if they were under this age, could only do so (now)
by "a later date to be prescribed by or under an act of parliament".  The
specific date for registration was 18 February 1967. If this later date has
never been prescribed by or under an act of parliament, what parliament would
have jurisdiction over this provision , the one under the 1970 Constitution
or the present one under the current Constitution?

     All these questions I raised are merely for clarification purposes. I
believe it is disheartening, for one to have all the love for the country of
one's birth, and the only place one can call home without being an "alien",
only to learn that one could indeed be stateless.

    Rene

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