The National Assembly withdrew Clause 14 from the Elections Bill 2021, but civil society organisations like Gambia Participates, Election Watch Committee, and Edward Francis Small Centre for Rights and Justice are demanding that it be added back.
They confirmed that in order for Gambians residing overseas to exercise their constitutional right to vote, the clause is necessary.
Speaking to reporters yesterday, Marr Nyang, CEO of Gambia Participates (GP), explained the organization’s stance on the reinstatement of Clause 14 by citing the 1997 Constitution’s Constitutional and Legal Support, which ensures that all Gambians who are 18 years of age or older have the right to vote. He said that the Elections Act of 1996 and the Supreme Court’s decision in Bakary Bunja Dabo & Others vs. Attorney General & Independent Electoral Commission from 2021 both supported this right.
Accordingly, Mr. Nyang provided the following justifications for why Clause 14 has to be reinstated:
Constitutional Alignment: Clause 14 upholds the right to vote for all Gambians, including those living overseas, in accordance with Section 39 of the Constitution and the Supreme Court’s decision.
Preventing Disenfranchisement: Eliminating Clause 14 creates a risky precedent and denies Gambians living overseas, who make substantial economic contributions to the country, the right to vote.
Feasibility: Without the necessity for distinct constituencies, diaspora voting is both legally and logistically possible, as demonstrated globally.
Democratic Principles: Human rights and democracy are compromised when diaspora voters are excluded.
In order to prevent disenfranchising Gambians overseas, Nyang urged the Assembly and government to take action prior to the 2026 presidential election.
In order to preserve democracy and honour the contributions of the Gambians living abroad, Nyang underlined that the removal of section 14 breaches their constitutional rights and urged the National Assembly to reinstall the section with modifications.
The GP chairwoman, Salieu Tall, added that the section 88 that some NAMs support preserves the constitution’s purpose rather than contradicting it and justifying the deletion of Clause 14.
Since registration is based on a person’s place of birth or residence, we believe that the diaspora does not need to be recognised as a distinct constituency. For example, even if a Gambian travels overseas, they will still be regarded as a Banjul North constituent if they were born in Jeb Senegal but are registered in Banjul North. This effectively tackles the problem because each Gambian is linked to their birthplace.
He went on to say that Section 88 addresses the 53-member National Assembly’s membership. Diasporans can currently vote in referendums and presidential elections, but they are not allowed to vote in council, mayoral, or parliamentary elections unless they have their own constituency.
With Coalition 2016 developing following Solo Sandeng’s sacrifice for democratic reform, Mr. Tall underlined the Diaspora’s crucial role in bringing Gambian political parties together and bringing an end to the dictatorship.
“The National Assembly eliminated Clause 14 of the 2021 Elections Bill, which operationalised diaspora voting rights, in spite of constitutional protections (Section 39) and Supreme Court decisions upholding these rights. Tall pointed out that this removal could violate Gambians’ constitutional rights, disenfranchise them overseas, and threaten democracy.
