Info
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Referendum and recall.
Source: Constitution, sections 39 (2), 40, 63 (4, 5), 79 (2), 92, 102 (d), 226: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: The Gambia shall not enter into any engagement with any other country which causes it to lose its sovereignty without the matter first being put to a referendum and passed by such majority as may be prescribed by an Act of the National Assembly.
A referendum must be organised for the approval of constitutional amendments.
Source: Constitution, sections 79 (2), 226: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: The National Assembly may include in a Bill a proposal for a referendum on an issue of national concern defined in the Bill.
Source: Constitution, sections 102 (d): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments: An Act of National Assembly may make provision for the recall of an elected member of the National Assembly. Such an Act shall require that a petition for recall shall be supported by at least one-third of the registered voters in the constituency and prescribe the grounds for recall and the powers of, and procedures to be adopted by the Independent Electoral Commission on receipt of such a petition.
4. where a no confidence motion is passed in accordance with subsection (3), the speaker shall request the Independent Electoral Commission to call for a referendum within thirty days of the passing of such motion to endorse or reject the decision of the National Assembly and where such decision is endorsed the President shall vacate the office.
Source: Constitution, sections 63 (4, 5), 92: http://aceproject.org/ero-en/regions/africa/GM/constitution-of-the-republic-of-the-gambia/view (2012)
Verified: 2017/03/21
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: 63. 4. where a no confidence motion is passed in accordance with subsection (3), the speaker shall request the Independent Electoral Commission to call for a referendum within thirty days of the passing of such motion to endorse or reject the decision of the National Assembly and where such decision is endorsed the President shall vacate the office.
79. 2. The Gambia shall not-
a.enter into any engagement with any other country which causes it to lose its sovereignty without the matter first being put to a referendum and passed by such majority as may be prescribed by an Act of the National assembly;
b.become a member of any international organisation unless the National assembly is satisfied that it is in the interest of The Gambia and that membership does not derogate from its sovereignty.
Source: Constitution, sections 63 (4, 5), 79 (2), 102 (d), 226: http://aceproject.org/ero-en/regions/africa/GM/constitution-of-the-republic-of-the-gambia/view
Verified: 2017/03/21
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Constitution, sections 63 (4, 5), 79 (2), 102 (d), 226: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: The mandate of a Chairperson or an Mandate of a elected member of a Council may be revoked by at least 50% of the electorate of the electoral area concerned.
Source: Local Government Act NO.5 of 2002, Art. 22: http://aceproject.org/ero-en/regions/africa/GM/gambia-local-government-act-no.5-of-2002/view (2017)
Verified: 2017/03/21
The data on this page is continuously updated.
Additional, but potentially outdated material is available here.
