The ECOWAS protocol on free movement conferred on Community citizens the right to enter and reside in the territory of any member state provided they possessed a valid travel document and international health certificate.

The four supplementary protocols adopted between 1985 and 1990 also committed member states, among other things, to: provide valid travel document to their citizens, grant Community citizens the right of residence for the purpose of seeking and carrying out income- earning employment, ensure appropriate treatment for persons being expelled, not to expel Community citizens en-masse, limit the grounds for individual expulsion to reasons of national security, public order or morality, public health or non-fulfilment of an essential condition of residence.

These treaty obligations also meant that The Gambia has very little control, if any, over who comes into the country, who remains, and how many. It is also largely responsible for the country’s migration-fuelled population boom.

If the new constitution recognizes birth right citizenship, this would mean any person born within the borders of The Gambia and at our diplomatic missions overseas would automatically become a citizen of The Gambia without any condition, whatsoever.

It would no longer matter that none of his/her parents is a Gambian, whether he/she lives long enough in the country to have bonded, understand our culture and be able to speak at least one Gambian language, or does not even intend to remain in the country.

Furthermore, the situation, circumstance and legal status of their parents would also not matter, be it that the parents are criminals whose presence in the country is not conducive to the public good, have not lived in the country long enough to have bonded, do not speak or understand any of our languages, or have no intention, whatsoever, to remain in the country.

Depending on the operative wording of the provision, the proposed law could also apply in retrospect, meaning any person who was born in The Gambia before the coming into force of the new constitution, but who is currently not a citizen of The Gambia, would automatically become a citizen of The Gambia regardless of whether he/she is living in the country or outside.

What are the Justifications?

It is not clear why the CRC found the need to proffer this question. However, it does not appear that a change in law to allow automatic birth right citizenship will serve any good purpose let alone further our national interest.

The main sources of migration into The Gambia are countries within the ECOWAS region (the Economic Community of West African States), all of which recognize citizenship by descent.

As a matter of fact, there is hardly any country in this world that doesn’t recognize this type of citizenship. Therefore, a child born to migrant parents (non- citizens), despite not being a citizen of The Gambia under the current constitution, is actually not stateless. He/she is a bona fide citizen of the country of his/her parents.

Thus, making it possible for that child to acquire automatic birth right citizenship in The Gambia will only confer dual citizenship on him/her at the point of birth. This is clearly unnecessary and will serve no purpose whatsoever.

Furthermore, the lack of reciprocity in relation to the country of origin of the child and/or his/her parents would also mean that automatic birth right citizenship would be diminutive of the value of Gambian citizenship.

Naturalization

Under the current law, anybody who lived in The Gambia for 15yrs and intends to continue living in the country can apply for citizenship through naturalization. There is no suggestion that this position would change.

Thus, a child born to migrant parents can make an informed decision as to whether or not he/she would like to become a citizen of The Gambia when he/she attains 18. If he/she wishes to become a citizen at this point, he/she can demonstrate that desire by applying for naturalization. We don’t have to make that decision for him/her at the point of birth or at time when he/she is not even born;

Alternatively, the child’s parents can apply for citizenship on his/her behalf when he/she turns 15, which is the required residency period for naturalization in The Gambia;

Furthermore, the current laws on citizenship appear to be progressive, culturally compliant and of international standard. Any change to allow automatic birth right citizenship would be retrogressive and incendiary to the many jus sanguinis Gambians (those with citizenship founded on blood ties), who will soon realize the implications.

Wider Consequences

Migration is one of the biggest factors responsible for population growth in The Gambia, at least in the last two decades or so, with foreigners accounting for about 25% of the population.

Since the collapse of the first Republic (1970-1994), The Gambia has seen an unprecedented level of migration from the sub-region. The APRC regime exacerbated this problem by actively encouraging and facilitating migration from the Senegalese southern region of Cassamance on ethnic lines.

Many of these migrants were given national documents and other privileges illegally and thereby incentivizing their stay in the country.

This malevolent APRC political expediency has already put strains on community relations in the country particularly in the Fonis and Kombo, and also contributed, significantly, to the ethnically charged socio-political polarization the country is currently experiencing. Automatic birth right citizenship would exacerbate these problems and could potentially be a source of conflict down the line;

Given the history of foreign voter interference in our national elections (the Yahya Jammeh era), with foreign voters been used to scupper or dilute the will of the Gambian people, a repugnant practice that was loathed and did caused annoyance and distress to many Gambians, a change in law to allow automatic birth right citizenship can potentially lead to the kind of anger and resentment that precipitated Brexit in Great Britain, or possibly the kind of social tensions that led to the Ivorian civil conflict of 2002-2007. For this reason alone, any suggestion or proposal to allow automatic birth right citizenship should be opposed.

Gambia’s increasing migration level is also putting pressure on land (we only have a total land area of about 11,000sq. km), public infrastructure, our schools, the hospitals and health centres, and other public service delivery facilities in the country.

Automatic birth right citizenship will incentivize migration, which may have the effect of a sustained or increased pressure on our national resources, public infrastructure and service delivery facilities. It would mean a continued struggle with our stock levels of vital drugs in our hospitals and health centres, our schools will continue to be overcrowded and teacher-pupil ratio unsatisfactory.

More farmlands will be turned into residential homes, thereby pushing many vulnerable farmers into abject poverty, and employment opportunities for our youths will also remain scarce.

There is no rational basis or justifiable objective for automatic Birthright citizenship in The Gambia. It would be too crazy of us to allow it become part of our citizenship laws.

Suntu Daffeh