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kondorong
Gambia
4380 Posts |
 Posted - 09 Mar 2006 : 02:04:46
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Does anyone know if this has now been passed by the national Assembly. It was talked about some years ago especially when Junkungs' wife gave birth in the US and naturally the daughter could not hold dual citizenship according to the laws of the gambia. The baby would have to be paynig a residential permit just like any foriegner in the Gambia.
It raised some fundamental questions which the executive was not comfortable about. I was made to understand that the laws were changed to suite Junkung. Any news on that.
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“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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kassma
334 Posts |
Posted - 09 Mar 2006 : 04:43:52
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is that true, you can't be a dual citizen? really |
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Ousman
USA
103 Posts |
Posted - 09 Mar 2006 : 17:52:38
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The 1997 constitution unless revised do not allow dual citizenship. Here is a portion that I think is relevant to this discussion:
(4) - No person shall be naturalized until he or she has renounced any other citizenship he or she may have and taken an oath of allegiance to The Gambia.
13. - (1) - The Secretary of State may apply to the High Court for an order depriving a person who has been registered or naturalised as a citizen of The Gambia of his or her citizenship on the grounds that he or she-
has acquired by registration, naturalisation or any other voluntary or formal act (other than marriage) the citizenship of any other country;
you can read the rest of the document at this link: http://www.dredf.org/international/gambia.html
This portion of the constitution may have been revised or amended since. I have no legal training, but my layman's reading of that constitutional provision is that dual citizenship is not allowed under the 1997 constitution. |
http://Gambian.blogspot.com |
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kondorong
Gambia
4380 Posts |
Posted - 09 Mar 2006 : 18:34:03
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| I think it was changed and an announcement was made on the radio. I little bird told me. You can now have dual citizenship thanks to baby Junkung. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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somita
United Kingdom
163 Posts |
Posted - 09 Mar 2006 : 18:40:12
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I'm not vast with the Constitution, but i know there is provision for diplomats and govt officials which include their wives and children, whether this will cover Junkung's daugther will raise very interesting questions.
Regarding dual citizenship, I'm not sure if it is explictly stated in the constitution but technical we can have dual citizenship ...... relying on the constitutional provision that says, we are citizens of the The Gambia and by extention citizens of The Commonwealth. Again I have no legal background or legal authority --- but its a valid argument --- well at least to natural justice.
Another legal point, Jammeh daugther is not yet an adult to decide which nationality she wants to be, when that time comes, then one can raise these questions. After all children of her age dont pay tax, I fine the questions quite premature to be honest |
Edited by - somita on 09 Mar 2006 19:09:58 |
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kondorong
Gambia
4380 Posts |
Posted - 09 Mar 2006 : 19:12:52
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It is not premature but vey important. Even babies of foreign birth are paying the tax and it does not matter who is paying. It is the law and must be repected. I have been involved in the payment of taxes by british babies whose parent s work in the Gambia.
If junkung has no confidence in our health system and his wife gave birth in west and has a US citizenship, then he should comply with the laws of the land and pay residential permit as everyone. He holds the highest office in the land and is charged with protecting the law.
You are missing one point. The law is not about age but about citizenship.
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“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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somita
United Kingdom
163 Posts |
Posted - 09 Mar 2006 : 23:25:20
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Sorry gentleman, you got it wrong, the law is about age, it only holds someone responsible if the person is of a particular age to bear the legal obligation and responsiblity. I fine the insertion that babies pay taxes very interesting ..... If it is true, i think it is appauling and inhumane.
Can you elaborate the type of tax that the baby was charge .... Lets be factul here, working immigrants pay taxes, the babe is not working, is he? Non Gambian residents pay residence tax known as residencial permit, babies dont need residential permit or do they?
This is outrageous, I fine it hard to believe, it is morally wrong to ask babies to pay taxes, even if their parents are millionairs.
Gentleman, I dont claim to be a lawyer neither do i have authority in this specific field but I am glad to refer to section 10 of the constitution which reads "A person born outside The Gambia after the coming into force of this Constitution shall be a citizen of The Gambia by descent if at the time of his or her birth either of his or her parents is a citizen of The Gambia otherwise than by virtue of this section or any comparable provision of any earlier constitution". So you can make up your own mind if she is Gambian or not.
If the event that you think she is not Gambian, are you not appaulled that babies, as you claimed pay tax in The Gambia? |
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kondorong
Gambia
4380 Posts |
Posted - 09 Mar 2006 : 23:48:25
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You are missing the point we are talking about dual citizenship which is not section 10 of the constitution. Junkungs daughter is gambian through the father according to section 10 but she cannot also hold citizenship of another country which she is holding right now. Do not try to confuse me.
She holds a US passport and which by our laws requires visa to come to the gambia and has to be renewed or you are better of paying a resident permit. Whether the law is is followed is another thing but it should be.
If you mean expatriate tax, that is different all together. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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kondorong
Gambia
4380 Posts |
Posted - 09 Mar 2006 : 23:51:26
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| In any society where a person is not of age, the law obligates the parents or guardians. I am not a law student but it is rudimentary legal studies. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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kassma
334 Posts |
Posted - 10 Mar 2006 : 00:53:21
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| are you sure a foreigner needs a visa to come to Gambia, cause someone told me that a visa is not required. anyways, does a child who is a US citizen but has Gambian parents need a visa to visit. |
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kondorong
Gambia
4380 Posts |
Posted - 10 Mar 2006 : 01:04:00
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If the dual citizen is not inforce then you need a visa to gambia. If a dual citizen is accepted then you do not need it. The question is has dual citizenship been acepted in the gambia. I cannot find any document confirming or denying it.
Ofcourse not all foreigners need visas to Gambia. There is a publication called TIM (Travelleres Information Manual) published by IATA i believe. It outline visa and travel requirements around the world. The downside is it is not accessible on line. You have to buy. You will find this book at any credible travel agency. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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Nyancho
Switzerland
22 Posts |
Posted - 10 Mar 2006 : 08:48:22
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| Gambians who acquire Swiss Nationality,were asked to forfeit the Gambian passports some years ago,i can however now confirm that that is nolonger the case. |
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rah
117 Posts |
Posted - 10 Mar 2006 : 15:18:14
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| My first passport was a blue "World Citizen" passport. Yes I do. It was issued from switzerland in those days. You fill out a form, send it with your picture plus fee, and have it sent a couple of weeks later. In those days it was difficult to obtain a Gambian passport without bribeing an immigrations official. Therefor, because of principle, I acquired the "World Citizen" passport. Travelled with it to Nigeria where it was stolen. I had to send money, extra money from Lagos to procure a Gambian passport throgh a relative. yeh,rah |
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blackerberry2004
69 Posts |
Posted - 10 Mar 2006 : 15:45:54
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| I am not sure that Jammeh's daughter has U.S. citizenship. In the U.S, a child born in the U.S. does not automatically acquire U.S. citizenship. For instance, children of diplomats born in the U.S. are not eligible for U.S. citizenship. In fact, I heard that Baby Jammeh was denied U.S. citizenship for this very fact, but I cannot substantiate this. |
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Ousman
USA
103 Posts |
Posted - 10 Mar 2006 : 17:23:56
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Baby jammeh's parents are not diplomats resident in the US when she was born. Her mother came to the US to seek medical attention. Therefore going by the 14th amendment of the US constitution she is in fact a US citizen. Here is the relevant portion of the 14th amendment dealing with this issue:
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
If the presidential spouse was part of the Gambian mission at the UN and since the UN is considered a sovereign territory, then the child cannot claim US citizenship. The same goes for the Gambia embassy. If she works there the kid cannot claim US citizenship for the same reasons as in the case of the UN.
But as in most cases legal, I digress.
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http://Gambian.blogspot.com |
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Ousman
USA
103 Posts |
Posted - 10 Mar 2006 : 17:28:59
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Kassama,
US citizens do not need a visa to enter the Gambia as long as they don't intend to stay beyond three weeks. This is true of most of western Europe's citizenry as far as travelling to the Gambia without a visa.
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http://Gambian.blogspot.com |
Edited by - Ousman on 10 Mar 2006 17:29:39 |
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