GAMBIA BACKGROUND CHECK

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Data Protection

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(No. 3 of 2002)

2. In this Act, unless the context otherwise requires –

“corrupt practice” includes the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in the execution of a contract;

3. The objectives of this Act are to provide a system for ensuring-

(a) transparent, efficient and economic public procurement;

(b) accountability in public procurement;

(c) a fair opportunity to all prospective suppliers of goods, works and consultancy services;

(d) the prevention of fraud, corruption and other malpractices in public procurement; and

(e) improvements in social and economic capacity in The Gambia, including providing opportunities for local small enterprises and individuals to participate in an economic manner as suppliers, contractors and subcontractors in public procurement.

15. (4) The Director-General shall devote his or her full time to the duties of his or her office and shall not hold any office of trust or profit, other than that of Director-General, or engage in any other occupation for reward outside the office of Director-General, except that, the Board may grant specific and time-limited waivers to this subsection if requested by the Director-General, and the Board makes a written determination that –

(a) it is in the best interest of the Authority; and

(b) there is no apparent or actual conflict of interest in such exceptional office or occupation.

28. (1) A public officer involved in requisitioning, planning, preparing and conducting procurement proceedings and administering the implementation of procurement contracts, shall –

(a) discharge his or her duties impartially so as to assure fair competitive access to public procurement by suppliers;

(b) always act in the public interest, and in accordance with the objectives and procedures set out in this Act and in the Regulations;

(c) at all times avoid conflicts of interest and the appearance of impropriety in carrying out his or her duties and conducting himself or herself; and

(d) not commit or abet corrupt or fraudulent practices, including the solicitation or acceptance of improper inducements.

(2) A bidder shall not engage in or abet corrupt practices, including the offering of improper inducements, and fraudulent practices, the misrepresentation of facts, in order to influence –

(a) a procurement process or the execution of a contract to the detriment of the procuring organisation; and

(b) collusion amongst bidders, prior to or after bid submission, designed to establish bid prices at artificial non-competitive levels and to deprive the procuring organisation of the benefits of free and open competition.

(3) Any information concerning the planning or the occurrence of corrupt or fraudulent practice shall be reported promptly to the head of the procuring organisation, to the Authority and to the relevant law-enforcement authorities.

(4) A procuring organisation shall reject a bid if the bidder offers, gives or agrees to give an inducement referred to in subsection

29. (1) The Authority shall protect the Government from actual or potential harm by excluding a potential supplier or bidder from participation in public procurement for a minimum period of one year and a maximum period of five years after –

(a) reasonable notice to the supplier or bidder involved of the cause of the proposed action;

(b) reasonable opportunity for the potential supplier or bidder to respond to the proposed action; and

(c) consultation with the affected procuring organisation to consider all the facts of the case.

(2) A supplier or bidder shall not be excluded from participation in procurement except on the following grounds –

(a) refusal by a successful bidder to –

(i) sign a procurement contract, or

(ii) furnish a performance security, if required to do so in accordance with the terms of the bidding documents;

(b) provision of false information supplied in the process of submitting a bid;

(c) collusion between the bidders or a bidder and a public officer concerning the formulation of terms of reference or the bidding documents;

(d) connivance to interfere with the participation of competing bidders;

(e) misconduct relating to the submission of bids, including, corruption, collusion, price fixing, a pattern of under-pricing of bids, and breach of confidentiality;

(f) breach of contractual obligations under a procurement contract deemed serious enough to warrant debarment, provided that the breach was not due to circumstances beyond the control of the supplier or bidder;

(g) conviction of a criminal offence relating to obtaining or attempting to obtain a contract or subcontract; or

(h) conviction for an economic crime.

133. (1) The procuring organisation has the right, subject to the notice requirement in the contract, to terminate the contract completely or partially for default if the supplier –

(a) Fails to make delivery of the supplies or perform the works or services within the time specified in the contract, or

(b) Fails to perform any other provision of the contract, or

(c) Fails to make progress and that failure endangers performance of the contract, or

(d) In the judgement of the procuring organisation, has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

155. (6) Immediately upon referral, the Authority may suspend the suppliers right to participate in public procurements pending the outcome of the debarment action if the alleged grounds for debarment include:

(a) Conviction of fraud or other criminal offence in connection with obtaining, attempting to obtain, or performing a public contract or subcontract; or

(b) Conviction for bribery, forgery falsification or destruction of records, making false statements, tax evasion, receiving stolen property or any other crime or corrupt acts or omissions.

(Adopted on 8 August 1996, entered into force in January 1997, last amended in 2001)

Our hopes and aspirations as a people were reflected in the enthusiasm and zeal with which we embarked on the task of nation building on the attainment of independence. The self-perpetuating rule of the recent past, however, soon gave rise to the abuse of office and related vices which negated the total welfare of the Gambian people. The sovereign people of The Gambia therefore endorsed the change of government on 22 July 1994 to rectify such evils.

This Constitution provides for us a fundamental law, which affirms our commitment to freedom, justice, probity and accountability. It also affirms the principle that all power emanate from the sovereign will of the people.

67. Misconduct by the President

(1) The President may be removed from office in accordance with this section on any of the following grounds – (a) abuse of office, wilful violation of the oath of allegiance or the President’s oath of office, or wilful violation of any provision of this Constitution, or …

199. Functions of the Council

(1) 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 of the government, programmes at national and district levels aimed at realising the object 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 function as an Act of the National Assembly may prescribe.

(2) An Act of the National Assembly may provide for the establishment of district branches of the Council.

(3) In the exercise of its functions, the Council shall be apolitical and, save as may be provided by an Act of the National Assembly, shall not be subject to the direction or control of any other person or authority.

214. Political objectives

(1) The Gambia shall be a democratic state dedicated to freedom, peace, progress, prosperity and justice. (2) The people shall express their will and consent as to who shall govern them and how they shall be governed, through regular, free and fair elections of their representatives. (3) The state shall be guided by the principles of decentralisation and the devolution of governmental functions and powers to the people at appropriate levels of control to facilitate democratic governance. (4) In the composition of the government women shall be fairly represented. (5) The government, with due regard to the principles of an open and democratic society, shall foster accountability and transparency at all levels of government.

216. Social objectives

(1) The state shall endeavour to secure and promote a society founded on the principles of freedom, equality, justice, tolerance, probity and accountability. (2) The state shall pursue policies to protect the rights and freedoms of the disabled, the aged, children and other vulnerable members of society and to ensure that such persons are provided just and equitable social opportunities. (3) The state, in pursuing policies in subsection (2), shall be bound by the fundamental rights and freedoms in the Constitution and shall be guided by international human rights instruments to which The Gambia is a signatory and which recognise and apply particular categories of basic human rights to development processes. (4) The state shall endeavour to facilitate equal access to clean and safe water, adequate health and medical services, habitable shelter, sufficient food and security to all persons. (5) The state shall encourage and promote the establishment and maintenance of contributory schemes that shall provide economic security for all citizens. (6) The state shall endeavour to ensure safe systems of working conditions for persons who are employed and to provide that such persons are entitled to adequate rest, leave and leisure. (7) The state shall endeavour to ensure that adequate sports facilities are established throughout The Gambia and that sports are promoted as a means of fostering national integration, health and self-discipline and international friendship and understanding.

Police Background Check Procedures

Who can apply?

• Gambian residents only.
• No third party representatives.

Where?

Contact Ministry of Justice for instructions (see below).

What must the applicant supply?

• National identity number
• Fingerprints are required for verification (overseas applicant consult their local police station)

What are the costs / turnaround times?

• 50 dalasi (less than US $2) for Gambian nationals
• 100 dalasi (less than US $4) for foreign nationals

Contact Details

Local and Overseas residents must contact:
Ministry of Justice
Marine Parade
Banjul
Gambia, The
Tel: + (220) 422 5352
Fax: + (220) 422 9908
Email: info@moj.gov.gm
Website: http://www.moj.gov.gm/
The Gambia High Commission:
92 Ledbury Road
W11 2AH
Tel: 020 7229 8066
Fax: 020 7229 9225
Email: gambiahighcomuk@btconnect.com
Monday-Thursday 09:30-17:00, Friday 09:30-13:00

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

You are advised to exercise a high degree of caution in The Gambia. Maintain a high level of security awareness at all times and avoid public gatherings and street demonstrations.

Crime

Petty crime such as pickpocketing and purse snatching has increased, particularly in crowded markets and on ferries.

Theft from vehicles has also increased. Car doors should be locked and car windows closed at all times.

Be aware of men called œbumsters who approach tourists and offer to be tour guides. If approached, politely decline.

Check with local authorities to determine which beaches are safe. Do not bring valuables or large sums of money to the beach. Avoid isolated beaches.

Police roadblocks are common throughout the country and identity documents may be requested.

fraud

Cases of attempted fraud occur. See our Overseas Fraud page for more information on scams abroad.

Road travel

In the greater Banjul area, main roads are paved but narrow, potholed and poorly lit. Most roads outside the capital are unpaved. Overland travel can be difficult without a four-wheel-drive vehicle, particularly during the rainy season. Avoid driving outside urban areas after dark. Contact the nearest police station if involved in a traffic accident. Stop at all security roadblocks and checkpoints and cooperate with the local authorities.

Regional Travel

Be careful when travelling overland to the Casamance region in Senegal, as separatist rebels operate in this area. Travellers have been attacked on roads leading north from Ziguinchor to Banjul and from Bignona to Sedoba, near the Gambian border. You should view the Travel Advice for Senegal before departing.

It is dangerous to cross the Gambia River on wooden pirogues due to overcrowding and the lack of security measures.

General safely information

Do not show signs of affluence and ensure that personal belongings and travel documents are secure at all times. You should keep informed of local developments that could affect your safety.

Tourist facilities are limited outside of Banjul.

See Transportation Safety in order to verify if national airlines meet safety standards.

Address Format

RECIPIENT

[BUILDING]
[SUBBUILDING]
[HOUSE_NUMBER] STREET_NAME
LOCALITY
GAMBIA

Sample

Mr. A. Ceesay
21 Liberation Avenue
BANJUL
GAMBIA

Summary

Gambia GDP Last Previous Highest Lowest Unit
GDP 0.91 0.91 0.97 0.04 USD Billion
GDP Annual Growth Rate -1.40 4.60 12.39 -4.30 percent
GDP per capita 454.77 444.23 466.65 341.19 USD
GDP per capita PPP 1613.32 1576.58 1655.49 1429.14 USD
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