Elections Watch: By EFSCRJ & Gambia Participates
The paper calls for clarity and urges members of the National Assembly to restore the deleted clause to safeguard and actualize the voting rights of Gambians in the diaspora.
1. Constitutional Rights: The 1997 Constitution grants all Gambians, including those in the diaspora, the fundamental right to vote. Key sections include Section 26, which delineates political rights, and Section 39, which affirms that citizens aged 18 and older can register to vote.
2. Compliance with the Elections Act of 1996 further supports these rights by permitting Gambians to register abroad and authorizing the Independent Electoral Commission (IEC) to facilitate voting for the diaspora.
3. Supreme Court Ruling: The Supreme Court’s ruling in 2021 reinforced that all Gambians, including those living overseas, possess the right to register and vote. This solidified the responsibilities of the Executive, the legislature, and the IEC.
4. Historical Context: The advocacy for diaspora voting rights has spanned over 25 years, marked by significant milestones such as coalition-building efforts, proposals presented to past administrations, and inclusion in various political manifestos.
5. Purpose of the Position Paper: This paper advocates reintroducing the deleted Clause 14 in the Elections Bill to protect diaspora voting rights.
6. Parliamentary Justification for Deletion: Some parliamentarians contended that Clause 14 conflicted with Section 39 of the Constitution, arguing that it would require the establishment of a separate constituency for the diaspora.
7. Counter Argument: The paper argues that the Supreme Court’s interpretation of Section 39 confirms that all eligible Gambians, irrespective of their residency, have the right to vote. It further highlights the IEC’s critical role in registering voters within existing constituencies.
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