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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: For the purpose of the election of Members of the National Assembly, The Gambia shall be divided into single-member constituencies.
(1) An Act of the National assembly shall establish a Boundaries Commission which shall be responsible for demarcating constituency boundaries for the purpose of elections to the National Assembly.
Source: Constitution, Chapter V, part 4 (1): Article 50 https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part II, section 4 (2-a): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
i . No information available
Comments: The National assembly shall prescribe by an act, the criteria for the demarcation of the constituency boundaries.
Source: Constitution, Chapter V, part 4 (2): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part II, section 9 (2): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: The Independent Electoral Commission draws the boundaries, pending an Act of the National assembly that shall establish a constituencies Boundary Commission which shall be responsible for demarcating constituency boundaries for the purpose of elections to the National Assembly.
Source: Constitution, Chapter V, part 4 (1): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part II, section 9 (1): (2017) http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
Verified: 2017/03/21
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: There shall be an election for the office of the President in the three month before the expiration of the term of the incumbent President. The dates for the nomination of candidates and for holding the election shall be determined by the Independent. Electoral Commission.No person shall be elected as President on a first ballot unless the votes cast in his or her favour at the election are more than fifty per cent of the total number of votes.
Source: Constitution, Chapter V, part 3, section 49 & Chapter VI, part 1, section 61: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
a . Directly elected in general elections (simple majority)
Comments: The president is both the head of state and the head of government. He is elected directly by a simple majority of votes.
Source: Constitution, Chapter V, part 3, section 49 & Chapter VI, part 1, section 61: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/05/18
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: President is both head of state and government.
Source: Constitution, Chapter V, part 3, section 49 & Chapter VI, part 1, section 61: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The National Assembly of The Gambia comprises of 48 members elected from the constituencies and 5 members nominated by the President.
Source: Constitution, Chapter VII, section 87, 88: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments: The Commission shall declare elected the candidate or the list of candidates who received the greatest number of votes.
Source: Elections Decree 78 of 1996, part V, section 81 (2-b): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution c . Decree
Comments:
Source: Constitution:
https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996:
http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
(2017)
Verified: 2017/03/21
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections
Comments: The Elections Decree applies to the election of candidates for the office of President, Member of the National Assembly, District Chief, Mayor or Chairman of Municipal Council, Councilor and Village Head.
Source: Elections Decree 78 of 1996, part I, section 3 (1):
http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Every citizen of The Gambia of full age and capacity shall have the right, without unreasonable restrictions to vote and stand for elections at genuine periodic elections for public office, which election shall be by universal and equal suffrage and be held by secret ballot;
Source: Constitution, Chapter IV, section 26 (b): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: An election petition may, within thirty days from the date of the declaration of the result of the election be presented to the Supreme Court in its civil jurisdiction.
Source: Elections Decree 78 of 1996, part VII, section 98: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
Verified: 2017/03/21
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: d)Referenda
Subject to the provisions of this Constitution the Independent Electoral Commission shall be responsible for the conduct and supervision of the registration of voters for all public elections and the conduct and supervision of all public elections and referenda
Source: Constitution, Chapter V, part II, section 43 (1): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part II, section 8 (1-a): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature f . Donors g . Other
Comments: Elections Decree: The funds of the Commission shall consist of monies appropriated to it by The National Assembly such grants, donations and fees as may be made or paid to it, provided that the Commission shall not accept or receive any grant or donation made or paid by a political party.
Constitution: The Independent Electoral Commission shall submit its annual estimates of expenditure to the president for presentation to the National Assembly. The President shall cause the estimates to be placed before the National Assembly without amendment, but may attach to them his or her own comments and observations.
Source: Constitution, Chapter V, part II, section 44: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part II, section 10 (1): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
Verified: 2017/03/21
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature e . Another organ within the national government
Comments: The Auditor-General or such other auditing firm as the Commission may appoint. The Chairman of the Commission shall, within three months after the end of the financial year, submit to The National Assembly the audited statement of accounts of the Commission.
Source: Elections Decree 78 of 1996, part II, section 10 (2, 3): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The members of the Commission shall be appointed by the president for a period of 7 years and may be re-appointed for one further term.
Source: Constitution, Chapter V, part II, section 42 (4): http://aceproject.org/ero-en/regions/africa/GM/constitution-of-the-republic-of-the-gambia/view
Verified: 2017/03/21
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: There shall be an Independent Electoral Commission for The Gambia which shall be part of the public service. In the exercise of its functions, the Commission shall not be subject to the direction or control of any other person or authority.
Source: Constitution, Chapter V, part II, section 42 (1), 43 (3):
https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Independent Electoral Commission is composed of a Chairman and 4 other members.
Source: Constitution, Chapter V, part II, section 42 (2): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: A person shall not be qualified for appointment as a member of the Commission if
(a) he or she is a member of the National assembly;
(b) he or she is, or has at any time during the two years immediately preceding his or her appointment, been nominated as a candidate for election as a member of the National Assembly;
(c) he or she is, or has at any time during such period of two years been, the holder of any office in any organization that sponsors or otherwise supports or has at an time sponsored or otherwise supported, a candidate for election as a member of the National Assembly or of any local government authority or if he or she has actively identified himself or herself
with any such organization;
(d) if he or she holds an office in the public service other than as a members of the Commission or the staff of the Commission; or
(e) if he or she has been convicted in any country of any offense involving dishonesty or moral turpitude.
Source: Constitution, Chapter V, part II, section 42 (5): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State b . Head of Government f . Judiciary i . Other
Comments: The members of the Independent Electoral Commission shall be appointed by the President in consultation with the Judicial Service Commission and the Public Service Commission.
Source: Constitution, Chapter V, part II, section 42 (3): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body k . Other
Comments: There is a National Council for Civic Education that carries out Voter Information and Voter Education Campaigns.
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 the Government, programmes at national and district levels aimed at realising the objects 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 functions as an Act of the National Assembly may prescribe
Source: Constitution, Chapter XVII, section 198, 199: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: There is a National Council for Civic Education that carries out Voter Information and Voter Education Campaigns on an ongoing basis.
Source: Constitution, Chapter XVII, section 198, 199: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body l . Other
Comments: There is a National Council for Civic Education that carries out Voter Information and Voter Education Campaigns on an ongoing basis.
Source: Constitution, Chapter XVII, section 198, 199: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Every citizen of The Gambia being eighteen years or older and of sound mind shall have the right to vote for the purpose of elections of a President and members of the National Assembly, and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.
Source: Constitution, Chapter V, part 1, section 39: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part III, section 12 (1-b): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
(2017)
Verified: 2016/11/28
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: Every citizen of The Gambia being eighteen years or older and of sound mind shall have the right to vote for the purpose of elections of a President and members of the National Assembly, and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.
A person shall be entitled to have his name entered on a register of voters in a constituency if
(a) he/she is a citizen of The Gambia;
(b) he/she has attained, or will on the date of the holding of the next election attain, the age of eighteen years; and
(c) he/she is resident, or was born in that constituency.
Source: Constitution, Chapter V, part 1, section 39: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part III, section 12 (1): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
http://iec.gm/registration/why-how-do-i-register/
Verified: 2017/03/21
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The Independent Electoral Commission shall prepare, compile and maintain a register of voters for each constituency and a register of Gambian registered voters in foreign countries.
Source: Constitution, Chapter V, part 2, section 43 (1-a): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part II, section 8 (1-a) & part III, section 11 (1): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
Verified: 2017/03/21
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: A register of voters shall contain the names of persons who are entitled and apply to be registered in a constituency.
Source: Elections Decree 78 of 1996, part III, section 11 (2): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view; (2017)
Verified: 2017/03/21
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
b . Deposit requirement (specify amount) f . Other
Comments: As far as mentioned in the source, the requirement for the political parties is that all executive members of any party to be resident in Gambia.
For a candidate, one shall be nominated by not less than 300 voters whose names appear in the register of voters for the constituency for which he/she seeks to be elected. Every nomination shall be subscribed by the candidate who shall make the declaration contained in the relevant Form and by the persons nominating him. In addition, a candidate shall deposit or cause to be deposited with the Returning Officer, the sum of 50,000 dalasis. This deposit is refundable under certain conditions determined in the law.
Source: Elections Decree 78 of 1996, part IV, section 42 (2-b), 43 (1-b), 44: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
"How to Register a Party" - Independent Electoral Commission-The Gambia
http://iec.gm/political-parties/how-to-register-a-party/
"Dangerous to Dissent" (Amnesty International),p.13: http://aceproject.org/ero-en/regions/africa/GM/gambia-dangerous-to-dissent-human-rights-under/view
Verified: 2017/03/21
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
Comments: ONLY ONE CHAMBER
Source: Dawda A. Jallow, [email protected]
Verified: 2008/05/13
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence h . Minimum level of education j . Other
Comments: A person is qualified for election to the National Assembly if he or she
(a) is a citizen of The Gambia;
(b) has attained the age of 21 years;
(c) has been ordinarily resident in the constituency for a period of at least one year prior to nomination day;
(d) is able to speak the English Language with a degree of proficiency sufficient to enable him or her to take part in the proceedings of the National Assembly; and
(e) has made declaration of his or her assets to the Independent Electoral Commission.
Source: Constitution, Chapter VII, part 89 (1): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
k . No information available
Comments: ONLY ONE CHAMBER
Source: Dawda A. Jallow, [email protected]
Verified: 2008/05/13
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: Any person who is qualified to be registered as a voter may participate as independent candidate in any election.
Source: Constitution, Chapter V, part 3, sections 47, 49: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part VIII, section 104 (2): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
Verified: 2017/03/21
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
c . Indirect
Comments: Access to the media and tax exceptions.
Source: Constitution: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part VI, sections 86, 93: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view;
Report of the Commonwealth Expert Team on the Gambia presidential election of 24 November 2011: http://aceproject.org/electoral-advice/dop?country=Gambia&organization=&year=2011&election=2&mission=&report=3&keywords= (2012)
Verified: 2017/03/21
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments: Only indirect public funding is provided in the form of access to the media and tax exceptions for electoral PR materials.
Source: Constitution:
https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part VI, sections 86, 93: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view;
Report of the Commonwealth Expert Team on the Gambia presidential election of 24 November 2011:
http://aceproject.org/electoral-advice/dop?country=Gambia&organization=&year=2011&election=2&mission=&report=3&keywords= (2012)
Verified: 2017/03/21
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: Report of the Commonwealth Expert Team on the Gambia presidential election of 24 November 2011: http://aceproject.org/electoral-advice/dop?country=Gambia&organization=&year=2011&election=2&mission=&report=3&keywords= (2012)
Verified: 2017/03/21
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . Special counting centres
Comments: Ballots are counted at special counting centers operated by the Commission.
Source: Elections Decree 78 of 1996, part V, section 72, 73, 75: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
Verified: 2017/03/21
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request
Comments: A candidate or his agent may, if present when the counting or any recount of the votes is completed, require the Returning Officer to have the votes recounted or again re-counted but the Returning Officer may refuse to do so if in his opinion the request is unreasonable.
No step shall be taken on the completion of the counting or any recounting of votes until the candidates and their counting agents present at the completion thereof have been give a reasonable opportunity to exercise the right conferred by subsection (1).
Source: Elections Decree 78 of 1996, part V, section 78: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
Verified: 2017/03/21
Media and Elections
ME009
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
e . Print media
Comments: KAWFU CEESAY-FORMER DIRECTOR OF THE IEC OF THE GAMBIA
Source:
Verified: 2005/09/19
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: The Commission shall, during an election campaign period, ensure that equal time is given to each candidate and national party on the public radio and television.
Source: Elections Decree 78 of 1996, part VI, Article 93, 94, sections 93:http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view;
Report of the Commonwealth Expert Team on the Gambia presidential election of 24 November 2011: http://aceproject.org/electoral-advice/dop?country=Gambia&organization=&year=2011&election=2&mission=&report=3&keywords= (2012)
Verified: 2017/03/21
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source: Report of the Commonwealth Expert Team on the Gambia presidential election of 24 November 2011: http://aceproject.org/electoral-advice/dop?country=Gambia&organization=&year=2011&election=2&mission=&report=3&keywords= (2012)
Verified: 2017/03/21
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
h . Not applicable
Comments: No information found in source.
Source: Elections Decree 78 of 1996: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view;
Report of the Commonwealth Expert Team on the Gambia presidential election of 24 November 2011: http://aceproject.org/electoral-advice/dop?country=Gambia&organization=&year=2011&election=2&mission=&report=3&keywords= (2012)
Verified: 2017/03/21
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are no specific legal provisions regulating this matter.
Source: Elections Decree 78 of 1996: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view;
Report of the Commonwealth Expert Team on the Gambia presidential election of 24 November 2011: http://aceproject.org/electoral-advice/dop?country=Gambia&organization=&year=2011&election=2&mission=&report=3&keywords= (2012)
Verified: 2017/03/21
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
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional
Comments:
Source: The Gambian constitution, Article................
Verified: 2006/11/09
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments: The constitution does not mention this
Source:
Verified: 2006/11/09
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments: The constitution does not mention this
Source:
Verified: 2006/11/09
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments: a) That is the IEC.
Source:
Verified: 2006/11/09
DD107
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments: That is the IEC
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments: That is the IEC
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
a . Information booklets b . Leaflets and pamphlets c . Radio broadcasts d . TV broadcasts e . Press advertisements f . Website g . Other(specify)
Comments: Theatre
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments: The constitution does not mention this
Source:
Verified: 2006/11/09
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
a . Information booklets b . Leaflets and pamphlets c . Radio broadcasts d . TV broadcasts e . Press advertisements f . Website g . Other(specify)
Comments: Theatre
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
a . Information booklets b . Leaflets and pamphlets c . Radio broadcasts d . TV broadcasts e . Press advertisements f . Website g . Other(specify)
Comments: Theatre
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
e . Disclosure requirements
Comments: But not practised
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD113
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
Answer(s):
e . Disclosure requirements
Comments: But not practised
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
e . Disclosure requirements
Comments: But not practised
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
a . Fixed time period (specify)
Comments: Annually
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD116
Question: What is the period during which these controls apply for an initiative?
Answer:
a . Fixed time period (specify)
Comments: Annually
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
a . Fixed time period (specify)
Comments: Annually
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
d . Other
Comments: The constitution does not mention recalls but it is practised
Source:
Verified: 2006/11/09
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
b . Free media access c . Free publication space in information document
Comments:
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
b . Free media access c . Free publication space in information docum
Comments:
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD125
Question: Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
Answer(s):
b . No
Comments: not sure
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD127
Question: What restrictions, if any, apply in relation to the individuals who can sign for a recall?
Answer:
e . Not applicable
Comments:
Source: MR. KAWFU CEESAY- FORMER DIRECTOR OF THE GAMBIAN IEC
Verified: 2005/04/03
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
b . Independent electoral commission
Comments:
Source: The Gambian Constitution, Article..............
Verified: 2006/11/09
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
Source: The Gambian Constitution, Article..............
Verified: 2006/11/09
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/09
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
a . Constitutional amendments d . National sovereignity, national self-determination j . Other (specify)
Comments: A. Constitutional Amendments-
held one in 2002
D. National Sovereignty-
1962: held one to decide on self rule but it lost.
KAWFU CEESAY-FORMER DIRECTOR OF THE IEC OF THE GAMBIA1970: Held another to decide on self rule and it won
J. Change of name of The Gambia
A referendum must be mandatory to be able to amend an entrenched clause
Source:
Verified: 2006/11/09
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
j . Other (specify)
Comments: Clauses that are not entrenched could have optional referendum
Source:
Verified: 2006/11/09
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
a . Constitutional amendments b . Adoption of international treaties c . Transfer of authority to international bodies e . Conflict between constitutional organs f . Devolution g . Civil service h . Taxes and public expenditure commitments i . Other public policy issues
Comments: Clauses that are not entrenched can be amended without referendums
Source:
Verified: 2005/04/03
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
e . None
Comments: There is no provision for sub national referendums
Source:
Verified: 2006/11/09
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
d . Legislative majority
Comments:
Source:
Verified: 2006/11/09
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
d . Legislature
Comments:
Source:
Verified: 2006/11/09
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
a . The title of the proposal b . The numbers of the articles or paragraphs of the legal instruments to which changes are proposed c . An explanatory text d . The full text of the proposal
Comments:
Source:
Verified: 2006/11/09
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
a . The title of the proposal b . The numbers of the articles or paragraphs of the legal instruments to which changes are proposed c . An explanatory text d . The full text of the proposal
Comments:
Source:
Verified: 2006/11/09
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
b . Independent electoral commission
Comments:
Source:
Verified: 2006/11/09
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
b . Independent electoral commission
Comments:
Source:
Verified: 2006/11/09
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
d . Other (specify below)
Comments:
Source:
Verified: 2006/11/09
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
d . Other (specify below)
Comments:
Source:
Verified: 2006/11/09
DD042
Question: In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
Answer(s):
f . Other
Comments: There are not differences
Source:
Verified: 2006/11/09
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
a . Always
Comments:
Source:
Verified: 2006/11/09
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
a . Always
Comments:
Source:
Verified: 2006/11/09
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
k . None
Comments:
Source:
Verified: 2006/11/09
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
k . None
Comments:
Source:
Verified: 2006/11/09
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD053
Question: Who determines the title of an agenda initiative?
Answer:
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
e . None
Comments:
Source:
Verified: 2006/11/09
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD062
Question: When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD063
Question: Who decides the final ballot text?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
a . Members of the national legislature c . Other national level elected executive positions d . National level appointed executive positions e . Members of provincial / local legislature bodies f . Governors, Mayors or equivalent g . Other provincial/local level elected executive positions h . Provincial/local level appointed executive positions
Comments:
Source:
Verified: 2006/11/09
DD066
Question: What are the grounds upon which a recall may be launched?
Answer(s):
a . Political or policy grounds b . Indictment c . Conviction d . Moral turpitude
Comments:
Source:
Verified: 2006/11/09
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
c . Other (specify)
Comments: ANSWER NOT AVAILABLE
Source:
Verified: 2005/04/03
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
b . Separately and subsequently
Comments: Within three (3) months
Source:
Verified: 2006/11/09
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
b . No
Comments:
Source:
Verified: 2006/11/09
DD076
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD077
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD078
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD079
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD080
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD081
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD082
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD083
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD085
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD087
Question: Where can proposals for an abrogative referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD088
Question: Where can proposals for a rejective referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD089
Question: Where can proposals for a citizens' initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD090
Question: Where can proposals for an agenda initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD092
Question: What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD093
Question: What information must signatories provide when signing the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD094
Question: What information must signatories provide when signing the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD097
Question: What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD098
Question: What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/09
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
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
Comments:
Source: Elections Decree 78 of 1996, part V, section 61 (1), 66 (1): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
a . Outside the country voting is not permitted
Comments: The law provides for it but it has never been implemented yet. The commission provides the register to citizens living abroad to register for election but they have to travel to Gambia to do so.
Source: Elections Decree 78 of 1996: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
h . Not applicable
Comments:
Source: Elections Decree 78 of 1996: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
g . Other
Comments: 62.2. Place your ballot token in the ballot box bearing the name and symbol of the candidate for whom you wish to vote.
Source: Elections Decree 78 of 1996, part V, section 62, 63, 66 (6): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
Verified: 2017/03/21
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