By Fatou Bojang
During a press conference on Thursday, civil society organizations and concerned Gambians condemned the National Assembly’s recent decision to eliminate Clause 14 from the Elections Bill 2021, which would have allowed Gambians living abroad to participate in public elections.
According to a report from the Standard Newspaper, “The rejection, backed by 25 lawmakers primarily from Barrow’s National People’s Party (NPP) and its allies, has been deemed a betrayal by many Gambians abroad. Some politicians and activists claim that the Barrow administration deliberately excluded diaspora voting for fear of losing political support.”
Speakers at the event underscored the importance of political accountability and inclusivity in the electoral process, urgently calling for the reinstatement of the clause to protect the rights of the diaspora. This demographic significantly contributes to the nation’s economy.
In a gathering organized by Gambia Participates, the Election Watch Committee, and the Edward Francis Small Centre for Rights and Justice, activists, legal experts, and representatives from various civil society organizations expressed dissatisfaction with the legislative decision.
The removal of Clause 14, which passed with 25 votes in favor and 14 against, effectively disenfranchises approximately 250,000 Gambians living abroad, forcing them to bear the high travel costs if they wish to vote in their home country.
Muhammed S. Bah, the former President of the Gambia Press Union, highlighted the importance of acknowledging the contributions of Gambians living abroad, who collectively send over D50 billion in remittances yearly. “Gambians in the diaspora are more than just citizens residing outside our borders; they are the backbone of our economy,” she asserted, emphasizing the constitutional right to vote outlined in Section 39 of the 1997 Constitution.
The Elections Act of 1996 further bolsters this position by permitting Gambians abroad to register and vote, with the Independent Electoral Commission (IEC) facilitating the process.
The speakers emphasized that removing this provision would undermine democratic participation and question the legislature’s commitment to inclusivity.
Salieu Taal, Chairperson of Gambia Participates, stressed that the rights of the diaspora should not be dependent on their geographical location. “Your rights as a Gambian do not change based on where you reside,” he declared, pointing to the diaspora’s historical role in championing democracy during dictatorship.
A Supreme Court ruling in 2021 reaffirmed these voting rights, recognizing that all Gambians, including those living overseas, are entitled to register and vote. This ruling emphasizes the responsibility of the Executive, the legislature, and the IEC to realize these rights. The historical context illustrates that the campaign for diaspora voting has spanned over 25 years, characterized by coalition-building and proposals submitted to various administrations.
According to the speakers, the removal of Clause 14 represents not only a setback but also a potential violation of constitutional rights, contradicting the protections affirmed by the Supreme Court. Marr Nyang, Executive Director of Gambia Participates, underscored the National Assembly’s need to reconsider its decision and reintroduce Clause 14 with minor modifications. “The rationale is that Clause 14 is consistent with existing constitutional provisions and the Supreme Court ruling, thus reinforcing the legal framework for diaspora voting,” stated Marr.
This position paper explicitly advocates reintroducing Clause 14 in the Elections Bill, which some parliamentarians previously removed because it conflicted with Section 39 of the Constitution. However, the paper counters this claim by referencing the Supreme Court’s interpretation of Section 39, asserting that all eligible Gambians are entitled to vote regardless of residency status. It emphasizes the role of the Independent Electoral Commission (IEC) in managing voter registration within existing constituencies, ensuring the protection of diaspora voting rights.
The press conference concluded with a call to action for members of the National Assembly to restore Clause 14 before the 2026 presidential election. The organizations present reiterated their commitment to advocating for the rights of Gambians abroad and ensuring that their voices remain a vital part of the national democratic process.
