Attorney General and Minister of Justice Dawda Jallow told members of the National Assembly on Tuesday that Gambians living abroad can only be registered as voters if they are assigned to a National Assembly constituency.
Speaking during the consideration stage of the Elections Bill 2021, Mr. Jallow addressed lawmakers' questions regarding Section 88 of the Constitution, which defines the country's constituencies, and Section 39, which outlines voter registration rights.
"Section 39 operationalizes Section 26, which grants the right to vote and be registered through a franchise," he said.
Quoting Section 39 (1), he explained, "Every citizen of The Gambia, being 18 years or older and of sound mind, shall have the right to vote for the purpose of electing the President and Members of the National Assembly and shall have the right to be registered in a National Assembly constituency for that purpose."
He emphasized that voter registration is constituency-based, as stipulated by the 1997 Constitution. "You can be registered, but you must be registered under a National Assembly constituency when in The Gambia," he said.
Two Options for Diaspora Voter Registration
Regarding Section 88, which divides The Gambia into 53 National Assembly constituencies, Mr. Jallow outlined two possible ways to register Gambians in the Diaspora.
First, he suggested that Gambians abroad could be registered under their home constituencies. "A Gambian from Wuli West living in London could be registered under that constituency because The Gambia is already demarcated into 53 constituencies," he said.
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Alternatively, he proposed creating National Assembly constituencies specifically for the Diaspora. "Unless we demarcate the Diaspora into constituencies, Gambian diasporans cannot be registered," he said.
He added that while Section 39 (1) is entrenched and requires voter registration to be constituency-based, Section 88, which defines the number of constituencies, is not. "You have no option but to demarcate the Diaspora into National Assembly constituencies," he said.
Mr. Jallow also revealed that the Gambian Diaspora has submitted a proposal to be allocated five National Assembly constituencies. While he did not comment on the feasibility of the plan, he acknowledged that the proposal is now widely known and that diaspora groups have engaged lawmakers from different political parties.
Ultimately, he reiterated that registration is a prerequisite for participating in elections--whether as a voter or a candidate--and that any solution must comply with constitutional provisions.
