By Nelson Manneh
The Civil society organizations (CSOs) in The Gambia have issued a compelling call to the National Assembly, urging lawmakers to reinstate a pivotal provision in the Elections Bill that grants Gambians living abroad the right to vote.
The provision, Clause 14, which allows for diaspora voting in national elections, was recently removed from the bill by lawmakers, a move that the CSOs argue undermines the rights of Gambians in the diaspora.
In a petition presented to the media on March 19, 2024, three prominent CSOs — Gambia Participates, Election Watch, and the Edward Francis Small Centre for Rights and Justice — urged Parliament to reintroduce Clause 14 with minor amendments. These changes would grant the Independent Electoral Commission (IEC) the discretion to manage diaspora voting without it being a legal obligation. Additionally, the CSOs proposed restricting diaspora voting to presidential elections and referendums, removing vague language that could expand it to other types of elections.
The petition highlights the constitutional rights of Gambians abroad, emphasizing that the removal of Clause 14 constitutes a violation of these rights. According to the CSOs, over a quarter of a million Gambians living overseas have fought for years to participate in national elections and contribute to the country’s economic growth.
“The removal of Clause 14 disregards the rights of Gambians abroad, who have long been calling for inclusion in the democratic process,” said Marr Nyang, Executive Director of Gambia Participates, who read the petition on behalf of the organizations.
Under The Gambia’s 1997 Constitution, all Gambian citizens, including those abroad, are granted the right to vote. Section 39 of the Constitution, along with the 2021 Supreme Court ruling, reaffirms that Gambians living abroad should be allowed to register and vote in elections. The CSOs argue that the existing legal framework already provides a foundation for diaspora voting, and Clause 14 would ensure its effective implementation.
The petition addresses concerns raised by lawmakers who voted to remove Clause 14, particularly their interpretation of Section 39, which requires voters to be registered in National Assembly constituencies. However, the CSOs contend that this interpretation is flawed. They argue that diaspora voters can be registered in their home constituencies based on their place of birth or former residence, without the need to create new constituencies.
“The removal of Clause 14 creates a dangerous precedent,” Nyang explained. “It disenfranchises Gambians abroad and undermines their fundamental right to participate in the democratic process.”
The CSOs also emphasise that restoring Clause 14 aligns with the principles of democracy and good governance. Excluding Gambians living abroad from the electoral process is not only an injustice but a violation of international norms regarding democratic participation, they added.
As the National Assembly prepares to reconsider the issue, the CSOs are committed to continuing their advocacy for the reinstatement of diaspora voting rights. “Diaspora voting is not just a right; it is a testament to the inclusivity and strength of our democracy,” the petition concludes.
The coming weeks will determine whether lawmakers heed the call of civil society and restore this crucial provision. For now, the fight to ensure that every Gambian, no matter where they reside, can exercise their right to vote is far from over.
