By Omar Bah
The CSO Coalition has urged that diaspora voting be restricted to presidential elections and referenda for the time being.
The coalition also requested the removal of ambiguous language such as “or any other elections as determined by the Constitution or any other law” from Clause 14(2.
“This adjustment would eliminate confusion and allow the diaspora to vote in upcoming presidential elections and referendums until the necessary legal frameworks for enabling diaspora voting in local and constituency elections are established,” the coalition stated.
The group reminded National Assembly Members of their obligation under Section 17(1) of the Constitution, which mandates that all branches of government, including the Legislature, respect fundamental human rights.
“Failure to reinstate Clause 14 would perpetuate an unconstitutional system that deprives Gambians abroad of their rights and sets a regressive precedent for future electoral laws,” the coalition added.
They further argued that diaspora voting is both logistically and legally feasible.
“Global and regional best practices demonstrate that diaspora voting is achievable without requiring separate constituencies.
Gambians abroad can be registered based on their birth constituencies or former places of residence, as permitted by Section 12 of the Elections Act.”
The coalition emphasised that the deletion of Clause 14 contradicts the principles of democracy and good governance, stating, “Excluding diaspora voters undermines democratic participation, human rights principles, and the rule of law, as affirmed by the Supreme Court.”
They concluded that the removal of Clause 14 from the Elections Bill 2021 infringes upon the constitutional rights of Gambians living abroad and shows a complete disregard for the Supreme Court’s ruling.
“This effectively disenfranchises nearly a quarter of a million Gambians abroad who have long fought for the right to participate in national elections and who continue to significantly contribute to the country’s economy,” the coalition stated.
The coalition calls for the reintroduction of Clause 14, with minor adjustments, by changing the word “shall” to “may” in Clause 14(2) to ensure the Independent Electoral Commission has discretion in consulting with the cabinet and the Inter-party Committee, without making it a legal obligation for the election management body.
