By Kebba AF Touray
The National Assembly’s ongoing deliberations over the controversial Elections Bill hit a major impasse on Tuesday, with lawmakers divided over a key provision regarding the registration of Gambians abroad.
Clause 14 of the proposed legislation, which seeks to allow Gambians residing outside the country to register and vote in future elections, sparked intense debate among members. The provision outlines the process for registering diaspora voters, tasking the Independent Electoral Commission (IEC) with setting up rules and procedures for overseas Gambians to participate in electoral processes. However, the bill stipulates that the IEC must first consult the Inter-Party Committee and the Cabinet before making these rules, a condition that has raised concerns among some legislators.
While supporters of the provision argue that diaspora Gambians should have the right to vote in national elections, some lawmakers are calling for a more cautious approach, citing constitutional limitations and the potential challenges of implementing overseas voter registration.
The National Assembly of The Gambia on Tuesday opened deliberations on the long-pending Elections Bill, a sweeping piece of legislation that aims to redefine the country’s electoral framework.
Originally introduced in 2021, the bill has faced years of delays, undergoing multiple readings and scrutiny by a Joint Committee. The committee’s prolonged review pushed the bill into the current legislative session, where Attorney General and Minister for Justice Dawda Jallow reintroduced it for consideration.
The Elections Bill seeks to establish new regulations governing the conduct of elections, granting the Independent Electoral Commission (IEC) a comprehensive legal framework to ensure free and fair polls. The Joint Committee, during its review, conducted consultations across all eight administrative regions of the country, receiving feedback from political parties, civil society organizations, and local government bodies. Among the key stakeholders providing input were the Inter-Party Committee, the National Human Rights Commission, and several opposition parties.
Amendment Sparks Tension
During the session, the Joint Committee on the Elections Bill recommended a key amendment to Clause 14, replacing the Inter-Party Committee and Cabinet with the National Assembly as the sole consultative body for diaspora voting regulations. The amendment, however, did not quell the controversy surrounding the clause.
Opponents of the provision insisted that allowing overseas voting would require constitutional amendments, which are beyond the scope of the current bill.
“We cannot implement this provision without first addressing the legal framework in the Constitution,” said one legislator.
Others voiced concerns about the practicality of registering voters abroad, particularly given the logistical and security challenges that could arise in establishing polling stations overseas.
The debate culminated in a vote, with 25 members in favor of removing Clause 14 from the bill and 14 voting to retain it. The provision, which would have allowed for the registration of Gambians abroad, was thus expunged from the Elections Bill, leaving uncertainty about the future of diaspora voting in the country.
Impact on the Diaspora
The decision to remove Clause 14 was met with disappointment by many within the Gambian diaspora, who have long advocated for the right to vote in national elections. Many argue that as active contributors to the country’s economy and society, Gambians abroad should have a voice in the political process.
“The decision to strike down diaspora voting is a setback for democracy in The Gambia,” said one member of the Gambian Diaspora Movement. “We have been excluded from the political process for too long, and this latest development is a blow to our community’s efforts for inclusion and representation.”
Next Steps
Despite the setback on diaspora voting, the National Assembly continues its consideration of the Elections Bill, with other provisions still under debate. Lawmakers are expected to revisit the bill in the coming weeks, with further amendments and revisions likely before the final vote.
As the discussions continue, the issue of diaspora voting remains unresolved, and it remains to be seen whether the government will pursue separate legislation to address the matter or revisit the issue in future electoral reforms.
