CSO Coalition Advocates for Reinstatement of Diaspora Voting Rights in Gambia
The CSO coalition is demanding the reinstatement of Diaspora voting in Gambia, emphasizing its constitutional importance. Key justifications for reinstating Clause 14 include alignment with the Constitution and preventing disenfranchisement. The coalition stresses the feasibility of implementing diaspora voting and its alignment with democratic principles, urging the National Assembly to act ahead of upcoming elections.
A coalition of Civil Society Organizations (CSOs) is advocating for the reinstatement of Diaspora voting in Gambia, emphasizing its importance for Gambians living abroad to exercise their constitutional right to vote. Marr Nyang, the CEO of Gambia Participates, highlighted this issue during a recent press conference, referencing the 1997 Constitution and the Supreme Court’s ruling in the case of Bakary Bunja Dabo & Others vs. Attorney General & Electoral Commission to undergird their stance.
Nyang detailed several reasons for the reinstatement of Clause 14, which allows for overseas voting:
1. Constitutional Alignment: Clause 14 aligns with Section 39 of the Constitution and supports the Supreme Court’s affirmation of voting rights for all Gambians, including those living abroad.
2. Preventing Disenfranchisement: Eliminating Clause 14 would disempower Gambians abroad who significantly contribute to the nation’s economy, establishing a dangerous precedent.
3. Feasibility: International examples demonstrate that Diaspora voting is both logistically and legally viable without needing unique constituencies.
4. Democratic Principles: Exclusion of Diaspora voters threatens democracy and violates human rights.
He urged the Assembly and the government to act promptly to reinstate this clause before the approaching 2026 presidential election to prevent the disenfranchisement of the Diaspora Gambians. Nyang reiterated that the removal of Clause 14 infringes upon the constitutional rights of Gambians abroad, advocating for its reinstatement with necessary modifications to uphold democracy and recognize the Diaspora’s contributions.
Salieu Tall, chairperson of Gambia Participates, further clarified that some members of the National Assembly (NAMs) misconstrue Section 88 of the Constitution as a reason to exclude Clause 14. He explained that registration should correspond to an individual’s place of birth or residence, regardless of their current location. For example, a Gambian born in Senegal yet registered in Banjul North retains their status as a Banjul North constituent when abroad.
Tall noted that Section 88 addresses the composition of the National Assembly, consisting of 53 members, and while Diaspora citizens may vote in presidential elections and referendums, they lack voting rights in parliamentary and local elections without specific constituencies established for them. He underscored the fundamental role of the Diaspora in fostering unity among Gambian political factions and advancing electoral reforms.
“Despite constitutional guarantees (Section 39) and Supreme Court rulings affirming diaspora voting rights, Clause 14 of the 2021 Elections Bill, which operationalized these rights, was removed by the National Assembly. This deletion risks disenfranchising Gambians abroad, violating their constitutional rights and undermining democracy,” Tall asserted.
In conclusion, the coalition’s call for the reinstatement of Diaspora voting underscores the fundamental constitutional rights of all Gambians to participate in elections, regardless of their location. By aligning with constitutional stipulations, preventing disenfranchisement, and recognizing the vital contributions of the Diaspora, the reinstatement of Clause 14 is imperative for the integrity of Gambian democracy. Immediate action by the National Assembly is essential to safeguard these rights ahead of the 2026 presidential election.
Original Source: thepoint.gm
