Civil Society Organistions such as Gambia Participates, Election Watch Committee and Edward Francis Small Centre for Rights and Justice are calling for the reintroduction of Clause 14 into the Elections Bill 2021, which was removed by the National Assembly.
They affirmed that the clause is essential to ensure Gambians living abroad can exercise their constitutional right to vote.
Speaking to journalists yesterday, Marr Nyang, CEO of Gambia Participates (GP), outlined their position on the reinstatement of Clause 14 by making reference to the Constitutional and Legal Support of the 1997 Constitution which guarantees all Gambians aged 18 and above the right to vote. This right, he said, was upheld by the Elections Act of 1996 and the Supreme Court's 2021 ruling in Bakary Bunja Dabo & Others vs. Attorney General & Independent Electoral Commission.
Mr Nyang thus explained why Clause 14 must be restored based on the reasons below:
Constitutional Alignment: Clause 14 aligns with Section 39 of the Constitution and the Supreme Court's ruling, affirming voting rights for all Gambians, including those abroad.
Preventing Disenfranchisement: Removing Clause 14 disenfranchises Gambians abroad, who contribute significantly to the nation's economy, and sets a dangerous precedent.
Feasibility: Diaspora voting is logistically and legally feasible, as seen globally, without needing separate constituencies.
Democratic Principles: Excluding diaspora voters undermines democracy and human rights.
Nyang thus called on both the Assembly and government to act before the 2026 presidential election to avoid disenfranchising Gambians abroad.
Nyang emphasised that the removal of Clause 14 violates the constitutional rights of Gambians abroad and urges the National Assembly to reinstate the clause with adjustments to uphold democracy and respect the contributions of the Diaspora Gambians.
Salieu Tall, the chairperson of GP, also explained that section 88 which some NAMs stand on does not contradict the constitution warranting the omission of Clause 14 but rather upholds its mandate.
"Our position is that the diaspora does not need to be registered as a separate constituency because registration is based on where one is born or resides. For instance, a Gambian born in Jeb Senegal but registered in Banjul North would still be considered a constituent of Banjul North, even if they travel abroad. This addresses the issue effectively since every Gambian is tied to their place of birth."
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He further explained that Section 88 discusses the composition of the National Assembly, which has 53 members. Currently, Diasporan can vote in presidential elections and referendums, but they cannot vote in parliamentary, council, or mayoral elections without creating a separate constituency for the Diaspora.
Mr Tall emphasised the Diaspora's pivotal role in uniting Gambian political parties and ending dictatorship, with Coalition 2016 emerging after Solo Sandeng's sacrifice for electoral reform.
"Despite constitutional guarantees (Section 39) and Supreme Court rulings affirming diaspora voting rights, Clause 14 of the 2021 Elections Bill, which operationalised these rights, was removed by the National Assembly. This deletion risks disenfranchising Gambians abroad, violating their constitutional rights and undermining democracy," Tall noted.
