Constitution of the Republic of The Gambia 1996, as amended to 2018
Obligations of the State
  • English

    The fundamental rights and freedoms enshrined in this Constitution, will ensure for all time respect for and observance of human rights and fundamental freedoms for all, without distinction as to ethnic considerations, gender, language or religion.
    … (Preamble)
Obligations of the State
  • English
    (1) The fundamental human rights and freedoms enshrined and in this Chapter4 shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution.
    (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. (Sec. 17)
Obligations of the State
  • English

    (8) The rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding other rights which may be prescribed by Act of the National Assembly as inherent in a democracy and intended to secure the freedom and dignity of man. (Sec. 37)
Obligations of the State
  • English

    (3) The State, in pursuing policies under subsection (2)5, 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.
    … (Sec. 216)
Obligations of Private Parties
  • English
    (1) The fundamental human rights and freedoms enshrined and in this Chapter6 shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution.
    (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. (Sec. 17)
Obligations of Private Parties
  • English
    (1) The exercise and enjoyment of rights and freedoms are inseparable from the performance of duties and obligations, and accordingly, every citizen shall:

    (d) respect the rights, freedoms and legitimate interests of others and refrain from acting in a manner detrimental to the welfare of other persons;
    … (Sec. 220)
Obligations of Private Parties
  • English

    (2) in this Constitution, unless a contrary intention appears-
    (a) words importing natural persons shall include corporations;
    … (Sec. 230)
Judicial Protection
  • English
    (1) The fundamental human rights and freedoms enshrined and in this Chapter7 shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution.
    … (Sec. 17)
Judicial Protection
  • English
    (1) Every person shall have the right to—

    (f) freedom to petition the Executive for redress of grievances and to resort to the Courts for the protection of his or her rights.
    … (Sec. 25)
Judicial Protection
  • English
    (1) If any person alleges that any of the provisions of sections 18 to 33 or section 36(5) of this Chapter has been, is being, or is likely to be contravened in relation to himself or herself by any person he or she may apply to the High Court for redress.
    (2) An application may be made under this section in the case of a person who is detained by some other person acting on the detained person's behalf.
    (3) An application under this section shall be without prejudice to any other action with respect to the same matter which is lawfully available.
    (4) If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of the said sections 18 to 33 or section 36(5), that court may, and shall if any party so requests, refer the question to the High Court, unless, in the opinion of the subordinate court, the raising of the question is merely frivolous or vexatious.
    (5) The High Court shall—
    (a) hear and determine any application made by any person pursuant to subsection (1) or (2);
    (b) determine any question arising in the case of any person which is referred to it in pursuance of subsection (4)
    and may, in addition to the powers conferred on it by section 5 (which relates to defence of the Constitution) make such order, issue such writ, and give such directions as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions of the said sections 18 to 33 or section 36(5) to the protection of which the person concerned is entitled:
    Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

    (7) An Act of the National Assembly may confer on the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by this section.
    … (Sec. 37)
Judicial Protection
  • English
    (1) Save as provided in section 127, the High Court shall have original jurisdiction—

    (b) to interpret and enforce the fundamental rights and freedoms as provided in sections 18 to 33 and section 36(5),
    and in the exercise of such jurisdiction, the Court shall have all such power and authority as may be conferred by this Constitution or any other law.
    … (Sec. 132)
National Human Rights Bodies
  • English
    (1) Subject to the provisions of this Constitution, an Act of the National Assembly shall within six months of the coming into force of this Constitution establish the office of Ombudsman and provision for his or her functions and duties—
    (a) in the investigation of any action taken by a government department or other authority, or other public body, to which the Act applies, being action taken in the exercise of the administrative functions of that department or authority, on a complaint by a member of the public who claims he or she has suffered injustice in consequence of maladministration or mismanagement, or discrimination on any ground set out in Chapter IV8, in connection with such action;
    … (Sec. 163)
National Human Rights Bodies
  • English
    (1) The President shall appoint an Ombudsman and his or her Deputies in consultation with the Public Service Commission, subject to confirmation of the National Assembly within seven days of the presentation of the request:
    Provided that where the National Assembly rejects a person nominated by the President, it shall not again reject the person nominated to replace him or her.
    … (Sec. 164)
1

Constitution of the Republic of The Gambia 1996, as amended to 2018 (English). The constitutional review process in The Gambia is still ongoing.

Links to all sites last visited 6 March 2024
2
Chapter III on Citizenship.
3
Chapter IV on Protection of Fundamental Rights and Freedoms.
4
Chapter IV on Protection of Fundamental Rights and Freedoms.
5
According to subsection 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.”
6
Chapter IV on Protection of Fundamental Rights and Freedoms.
7
Chapter IV on Protection of Fundamental Rights and Freedoms.
8
Chapter IV on Protection of Fundamental Rights and Freedoms.
9
Chapter IV on Protection of Fundamental Rights and Freedoms.
10
Chapter V on Representation of the People.