THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS &
INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
Additionally, Section 39 of the Constitution provides the right to vote and be registered for the purpose of
voting in elections of a President and members of National Assembly, referendum, local Government
authorities and traditional rulers. As provided by the Constitution, voting in election is to be done in secret.
The Constitution also established the Independent Electoral Commission which regulates the registration of
voters and conduct of elections in the country.
In a bid to ensure that elections are transparent and conducted in a free and fair manner, the Independent
Electoral Commission has received the political commitment of the Government to guarantee its
independence. It is expected that the IEC`s independence and financial autonomy will be entrenched in the
new Constitution that will be promulgated after the Constitutional review process is completed.
Furthermore, to encourage fair elections and widespread participation of the ordinary citizenry, the
Elections Act was amended in 2017 to reduce the exorbitant deposits payable by candidate for elected
office. This has had a tremendous effect with the IEC registering a record number of candidates in the
National Assembly and Local Government elections. There is a registered increase in the level of
participation for the first time in the electoral history nine (9) political parties were registered for the local
Government elections of 2018.
In addition the 1997 Constitution recognising the right of women to participate in political and public life as
provided in Section 26. In addition, Section 214(4) states that “in the composition of Government, women
shall be fairly represented”.
The Women’s Act under Section 15 provides for temporary special measures to be adopted by every
organ, body, public institution, authority or private enterprise aimed at accelerating de facto equality
between men and women. This Section becomes more relevant in the political arena and decision-making
at all levels, where women are not legally barred from participating effectively on an equal footing with men,
but may not be able to do so due to cultural bias in favour of men, and stereotypical perception of the role
of women.
Notwithstanding the highlighted laws, Section 71 of the Constitution prohibits a person with dual citizenship
form holding the position of Minister. However, with the on-going Constitutional Review Commission, this is
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