Gambiaj.com – (Banjul, The Gambia) – Civil rights groups in The Gambia have formed an ad hoc coalition to campaign for the reconsideration of Clause 14 of the Elections Bill 2021. In an interview on West Coast Radio, Marr Nyang, founder of the civil rights organization Gambia Participates, emphasized the necessity of reinstating provisions that allow Gambians living abroad to participate in national elections. Nyang highlighted that existing legal frameworks, notably the 1997 Constitution and the Elections Act, already support diaspora voting rights.

Section 39(1) of the 1997 Constitution stipulates that every Gambian citizen aged eighteen or older has the right to vote in presidential and National Assembly elections. Additionally, the Elections Act mandates the Independent Electoral Commission (IEC) to maintain voter registers for each constituency, including Gambians residing in foreign countries. Section 141 of the same act empowers the IEC to establish rules facilitating diaspora voting in presidential elections.

Despite these provisions, the National Assembly recently voted against Clause 14 of the Elections Bill 2021, which sought to formalize diaspora voting procedures. Attorney General and Minister of Justice Dawda A. Jallow argued that implementing diaspora voting would require demarcating new constituencies abroad and amending Section 88 of the Constitution to increase the number of National Assembly constituencies.

Nyang refuted this position, asserting that for presidential elections, the entire country functions as a single constituency, eliminating the need for additional demarcations. He advocated for the IEC to facilitate the registration of diaspora voters within existing constituencies, aligning with current legal frameworks.

The Election Watch Committee, the Edward Francis Small Center for Rights and Justice, and Gambia Participates have formed an ad hoc coalition to campaign for the reconsideration of Clause 14. They are engaging parliamentarians to clarify misconceptions and emphasize that denying diaspora voting rights contradicts constitutional provisions.

The coalition plans to release a position paper outlining their stance and urging the National Assembly to revisit and amend Clause 14 to ensure it aligns with the Constitution and the Elections Act. They stress that enabling diaspora voting is not only a legal obligation but also a recognition of the significant contributions Gambians abroad make to the nation’s socio-economic development.

The debate continues as stakeholders seek to balance legal interpretations with the democratic principle of inclusive participation for all Gambian citizens, regardless of their residence.