Center condemns decision to deny diaspora voting
By Sheriff Saidykhan
The Edward Francis Small Center for Rights and Justice (EFSCRJ) have condemned National Assembly decision to deny diaspora voting in the elections, as unconstitutional.
Amid intense debate yesterday 14 members voted for the clause to be maintained while 25 voted against the bill.
In accordance with Section 14 of the Elections Act states that, the Independent Electoral Commission shall register a Gambian living outside The Gambia as a voter if he or she satisfies the requirements for registration prescribed under this Act.
Below reads the full statement from the center.
“EFSCRJ learns with immense grief and disappointment that the National Assembly voted down the right to vote for Gambians who live outside the borders of the country. The right to vote is at the core of what constitutes citizenship in a republic. One-person-one-vote is a classic definition of independence and a republic that lies at the heart of citizen sovereignty.
This is why the Constitution states in Section 1(2) that the “sovereignty of the Gambia resides in the people of the Gambia. This is unqualified for all citizens. This means, so long
as a citizen has attained the age of voting, one has the right to vote whether one is resident at home or abroad.
This is because it is our vote, which is our will and power that determines
who should represent our people in how this country and its affairs and resources are to be governed and managed. Thus, the issue is not where one lives, but a question of how to make every Gambian vote as a demonstration of sovereignty, i.e., to have a say in the governance
and development of this country.
Section 26 of the Constitution guarantees the right of Gambians to take part in the conduct of
public affairs through their chosen representatives including to vote and stand for elections. The right to vote has been further entrenched in Section 39(1) of the Elections Act.
In this Act, Section 11 mandates the IEC to register all Gambians including to “prepare, compile and maintain…, a register of voters for each constituency and a register of Gambian registered voters in foreign countries.”
Furthermore, Section 141 of the Elections Act states, “The Commission may make rules for Gambians in any foreign country to vote in a
presidential election.”
From the foregoing, it is abundantly clear that the intention, letter and spirit of both the 1997 Constitution and the Elections Act is for Gambians at home and abroad to register and to vote
in the elections of the country.
Therefore, EF Small Centre holds that the decision by the National Assembly to expunge Clause 14 out of the Elections Amendment Bill hence deny diaspora voting is unconstitutional and illegal. For that matter, their decision is totally null
and void and has no effect.
We recall further that the Supreme Court had ruled in 2021 that Gambians abroad could register and vote in all national elections including referenda, presidential, National Assembly and Local Government elections. The matter was brought before the highest court
jointly by former Vice President Bakary Bunja Dabo, Cherno M. Njie, Pa Samba Jow, Jeggan Grey-Johnson and Sidi Sanneh against the Independent Electoral Commission and the
Attorney General.
We therefore find it utterly misleading and an outright attempt to deny Gambians abroad to vote by saying that the IEC has to first demarcate constituencies abroad. By Section 141of the Elections Act, the IEC is at liberty to put in place any mechanism it deems suitable to ensure that the Constitution and the Elections Act are upheld. Demarcating constituencies abroad” the statement concluded.
Publish [16:38, 05/03/2025]