EF Small Centre Deems Denial of Diaspora Voting Unconstitutional

The EF Small Centre claims that denying Gambians abroad the right to vote is unconstitutional, supporting its argument with sections from the Gambian Constitution and the Elections Act. The Supreme Court has previously affirmed that expatriates can vote, and any claims regarding the need for demarcating constituencies are misleading. The Centre urges accountability for NAMs who voted against this right, emphasizing the importance of representing all citizens’ interests.

The right to vote is essential to citizenship in a republic, embodying both citizen sovereignty and independence. According to Section 1(2) of the Constitution of The Gambia, “sovereignty of the Gambia resides in the people of the Gambia,” thereby extending the right to vote to all citizens aged 18 and over, irrespective of their residency status. This emphasizes that every Gambian’s vote is crucial in determining governance and managing national resources, highlighting the principle of sovereign representation.

Section 26 of the Constitution guarantees the participation of Gambians in public affairs through voting for their representatives. The Elections Act further reinforces this right in Section 39(1) and mandates the Independent Electoral Commission (IEC) to maintain a voter registry, including for Gambians residing abroad. Moreover, Section 141 clarifies that the IEC can establish rules for facilitating presidential voting for Gambians outside the country.

Given this legal framework, the EF Small Centre concludes that the National Assembly’s decision to remove Clause 14 from the Elections Amendment Bill, which denies the Diaspora the right to vote, is unconstitutional and lacks legitimate authority. This decision is rendered null and void, lacking any legal effect.

The Supreme Court’s ruling in 2021, permitting Gambians abroad to participate in all national elections, affirms this right. This case involved former Vice President Bakary Bunja Dabo and others challenging the IEC and the Attorney General. Some statements claiming the IEC must first demarcate constituencies abroad before allowing voting are misleading. Under Section 141 of the Elections Act, the IEC has the discretion to adopt necessary measures to uphold voting rights, making the lack of constituency demarcation an insufficient reason to deny these rights.

EF Small Centre expresses profound disappointment with Attorney General and Minister of Justice Dawda A. Jallow for mischaracterizing this situation, prioritizing constituency rules over citizens’ voting rights, which misguides the National Assembly. It is anticipated that Members of the National Assembly (NAMs), as representatives of the Republic, should uphold the rights of all Gambians. Voting against or abstaining from this crucial issue contravenes Section 112 of the Constitution, which mandates NAMs to act in the national interest.

The EF Small Centre strongly asserts that the removal of voting rights for Gambians abroad is unconstitutional and calls for identifying those NAMs who voted against or abstained from the issue to ensure accountability for violating the sovereignty of Gambians.

In summary, the EF Small Centre vehemently affirms that denying voting rights to Gambians residing abroad is unconstitutional and undermines citizen sovereignty. The decision by the National Assembly to eliminate Clause 14 from the Elections Amendment Bill disregards established legal rights protected by the Constitution and the Elections Act. This situation necessitates accountability among NAMs who failed to uphold their constitutional responsibilities to all Gambian citizens.

Original Source: thepoint.gm