This article discusses the crucial right to vote for Gambians, highlighting constitutional provisions that support Diaspora voting. The EF Small Centre criticizes the National Assembly’s removal of Clause 14 from the Elections Amendment Bill, deeming it unconstitutional. It cites a Supreme Court ruling affirming the voting rights of Gambians abroad and emphasizes the need for legislative accountability.
The right to vote is fundamental to citizenship within a republic, embodying the principle of citizen sovereignty. According to Section 1(2) of the Constitution of The Gambia, “sovereignty of the Gambia resides in the people of the Gambia,” which applies unconditionally to all citizens. This affirms that any citizen of voting age possesses the right to vote, regardless of their residency status, reinforcing the notion that every Gambian’s vote determines the governance of the nation.
Section 26 of the Constitution further safeguards the participation of Gambians in public affairs through elected representatives, while Section 39(1) of the Elections Act solidifies their voting rights. Furthermore, Section 11 obligates the Independent Electoral Commission (IEC) to maintain a voter register for Gambians both domestically and abroad, indicating a commitment to facilitating participation in elections.
The EF Small Centre asserts that the National Assembly’s decision to exclude Clause 14 from the Elections Amendment Bill, which denies Diaspora voting rights, is unconstitutional. This ruling contradicts the clear intentions embodied within the Constitution and the Elections Act, rendering such a move null and void.
A significant Supreme Court ruling in 2021 reaffirmed that Gambians residing abroad are entitled to register and vote across all elections, including referenda and local government elections. This ruling was put forth by prominent figures, including former Vice President Bakary Bunja Dabo, addressing the IEC and Attorney General.
Contrary to claims indicating that maintaining overseas voting rights necessitates the demarcation of constituencies abroad, the law allows the IEC the discretion to implement mechanisms that uphold constitutional principles. Holding back Diaspora voting based on constituency delineation is unjustifiable, and the Attorney General’s prioritization of this issue is considered misleading and detrimental.
The EF Small Centre expresses disappointment in the lawmakers (NAMs) who voted against or abstained from this pivotal issue, thus denying expatriate Gambians participation in national affairs. This action undermines their constitutional obligations to represent national interests, as stipulated in Section 112 of the Constitution, which insists that NAMs must carry out their duties for the benefit of the nation as a whole.
In conclusion, the exclusion of Diaspora voting by the National Assembly is deemed unconstitutional and an infringement upon Gambians’ rights. The constitutional and electoral frameworks provide for voting rights regardless of residency, and recent assertions suggest otherwise are inaccurate. The EF Small Centre advocates for accountability among lawmakers who hinder these rights, urging a return to the lawful protections guaranteed to all Gambians.
Original Source: thepoint.gm
