By Tabora Bojang
The attorney general and minister of justice Dawda Jallow, yesterday returned to the National Assembly for the resumption of the debate on the Election Bill.
Responding to questions on the much talked about diaspora voting, Minister Jallow informed the Assembly that there are two options available for diaspora voting.
The first, he said, is Gambians in the diaspora can be registered under their native constituencies in the Gambia to enable them participate in national elections.
“They don’t necessarily have to return home to enable them to exercise these political and civil rights. If you don’t demarcate the diaspora into National Assembly constituencies, the only option you have is to go find them there and register them under their home constituencies and that is to say a Gambian from Tumana, Wuli East, Kombo East or Kombo South and living in London or in Berlin can be registered under that home constituency,” Minister Jallow said.
He further revealed that there is another alternative which is to amend Section 88 of the 1997 Constitution for the demarcation of the diaspora into constituencies.
Minister Jallow who was heavily criticised for allegedly influencing NPP lawmakers and its allies to remove Clause 14 from the Election Bill which provides for the participation of Gambians in the diaspora in national elections, added: “I don’t want a situation where people would say I am misleading you. But these are the two options available for diaspora voting. The Gambian diaspora is well organised and we are already in consultation with their leadership. They have presented a position apaer for the government to demarcate the diaspora into five constituencies and they are proposing an amendment of Section 88 of the Constitution.”
The minister also made reference to a judgement delivered by the Supreme Court in the case of BB Dabo and others vs IEC, explaining that the IEC had conceded that it is part of their responsibility to register Gambians in the diaspora to participate in elections but they cited resource constraints.
Jallow said the apex court in its ruling did not direct the Independent Electoral Commission to go and register Gambians living outside the Gambia. It only made a declaration that every Gambian including those residing outside the jurisdiction are entitled to be registered and to vote in elections.”
“The IEC concedes it is under legal obligations to register Gambians living outside of the Gambia for the purpose of public elections and referenda. However the exercise of the above obligation is totally dependent on the financial resources of the IEC,” he added.
The AG further averred that passing the legislation guaranteeing the rights of Gambians living abroad to register and vote is not a violation of the 1997 Constitution; rather it would only be confirming the rights already recognised by it.
The chairman of the National Assembly Committee on Human Rights and Constitutional Matters, Suwaibou Touray, informed his colleagues that during his committee’s stakeholder engagement on the Elections Bill, the IEC had expressed its commitment to register Gambians living abroad and have conducted study tours to Senegal and Cape Verde. He said the commission’s only problem was that it would be difficult for them to conduct diaspora voting using the marble system and has since suggested for lawmakers to put a marble/paper ballot in the bill for the use of both systems based on practicality.
Motion to reintroduce Clause 14 dismissed
Meanwhile during yesterday’s tense session, Serekunda NAM, Musa Cham moved a motion for the Assembly to reconsider Clause 14 of the bill but it was rejected by NPP members and their allies.
The NAM for Nianija Amadou Camara raised a counter motion for the Speaker to rule out Cham’s motion.
In agreement with Camara, Acting Speaker Seedy Njie ruled against the reintroduction of Clause 14, saying it is not in order. He said the motion for its reintroduction is a substantive motion which requires a prior notice and that was not made in this regard.
