By Adama Makasuba
The Gambia’s National Human Rights Commission (NHRC) has expressed deep concern following the National Assembly’s recent rejection of a crucial clause in the electoral bill granting voting rights to Gambians living abroad. The Commission described this decision as a violation of their “fundamental right” and an act of disenfranchisement for a significant portion of the Gambian population.
In a statement, Emmanuel D. Joof, the chairperson of the NHRC, condemned the move, asserting that it marginalizes the diaspora community, which plays a vital role in the socio-economic development of The Gambia. “The rejection by Parliament is a setback for Gambians who contribute to the country’s prosperity from abroad,” Joof stated.
The NHRC has long advocated for the inclusion of diaspora voting rights. In May 2021, during discussions with the National Assembly’s Joint Committee on Regional Government, Lands, IEC, Ombudsman, and Human Rights, the Commission strongly lobbied for the voting rights of Gambians living overseas.
This push for voting rights followed a landmark ruling by The Gambia’s Supreme Court on January 27, 2021, which affirmed the political rights of Gambians living abroad. The Court ruled in favor of five Gambians who had challenged their exclusion from the electoral process, declaring this disenfranchisement illegal and violating their fundamental rights. The ruling reaffirmed that under Section 39 of the Gambian Constitution, every citizen, whether at home or abroad, has the right to participate in presidential, national assembly, and local government elections.
Despite the Court’s ruling, the recent parliamentary decision has raised questions about the government’s and the Independent Electoral Commission’s (IEC) commitment to implementing diaspora voting rights. Justice Minister Dawda Jallow acknowledged the logistical challenges but emphasized that it is time to address them.
“The IEC and the Government have had ample time to resolve any logistical hurdles,” Joof remarked, pointing to other African nations such as Senegal, Cabo Verde, Côte d’Ivoire, and Niger, which have successfully enfranchised their diaspora communities. This demonstrates that it is indeed possible for The Gambia to follow suit.
The NHRC has called on the government and the IEC to take immediate and concrete steps to ensure that every eligible citizen, regardless of location, can exercise their right to vote. Mr. Joof stressed that this right is not only enshrined in The Gambia’s Constitution but is also recognized by international human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which The Gambia is a State Party.
