Gambia’s First Law Criminalising Migrant Smuggling Set for Parliament

Gambia Immigration Department, Inspector Alkali Jammeh © Askanwi

‍By Edward Francis Dalliah, Jr.

The Gambia is set to take a major step in tackling irregular migration as lawmakers prepare to consider a new Immigration Bill that could, for the first time, specifically criminalise migrant smuggling in the country.

The Immigration Bill 2026, which is scheduled to be tabled before the National Assembly on Monday, 8th June 2026, seeks to repeal and replace the main immigration legislation that has been in force for more than six decades.

Beyond modernising the country's immigration framework, the proposed law is expected to close a long-standing legal gap that authorities say has hampered efforts to prosecute organised migrant smuggling networks.

For years, officials at the Gambia Immigration Department (GID) have argued that the country lacks legislation specifically criminalising migrant smuggling, forcing authorities to rely on provisions contained in the Immigration Act of 1965.

The issue came into sharp focus in February this year during a National Youth Dialogue on Irregular Migration organised by the National Youth Parliament under the theme “Breaking the Silence, Saving the Future”.

Speaking at the event, Lead Investigator at the Migration Unit of the Gambia Immigration Department, Inspector Alkali Jammeh, said migrant smuggling is currently not recognised as a distinct criminal offence under Gambian law.

He explained that “because Gambia is known as the source [and] transit destination for irregular migration, a lot of these smugglers have chosen [the country to do their operations].”

According to him, immigration authorities are currently limited to enforcing provisions contained in the Immigration Act of 1965, which prohibit aiding or abetting the illegal entry or exit of a person. He noted that those provisions are “the only legal frameworks that we have”.

Under Sections 31 and 32 of the Immigration Act 1965, individuals found guilty of assisting illegal entry into or exit from The Gambia face a maximum fine of D2,000, imprisonment for up to one year, or both. Inspector Jammeh highlighted that “these provisions are administrative and carry minimal penalties”, adding that the absence of legislation specifically criminalising migrant smuggling leaves authorities without an effective legal basis to prosecute offenders. At the time, he disclosed this; the draft Immigration Bill had already been prepared and was undergoing review before the Cabinet and the Ministry of Justice.

The tabling of the bill also comes amid broader efforts to reform the country’s security sector and implement recommendations by the Truth, Reconciliation, and Reparations Commission (TRRC). According to a publication by Malagen, the Gambia received more than D7.2 billion in international support between 2017 and 2025 to strengthen reforms within the country's security institutions.

The proposed legislation could also help clarify an area of law that has generated debate in recent years. Individuals arrested in connection with alleged irregular migration activities have often been charged under the Trafficking in Persons Act 2007 despite significant legal differences between trafficking in persons and migrant smuggling.

Human trafficking involves exploitation through forced labour, sexual exploitation, coercion, or deception. Migrant smuggling, by contrast, generally involves facilitating the illegal entry of a person into another country, often with the individual's consent and in exchange for financial gain.

If passed, the Immigration Bill 2026 would represent one of the most significant changes to the country’s immigration framework in more than sixty years and could provide authorities with new legal tools to investigate and prosecute migrant smuggling networks operating within and through the country.

Askanwi will continue to monitor developments surrounding the bill as it makes its way through the National Assembly and report on its implications for migration governance, border security and the fight against irregular migration in the country.