By Morro Gaye
So much have been said about diaspora voting yet so little has been done to bring the vote to Gambians living abroad. It is not an unfair statement to say that the enfranchisement of non-resident voting by the Independent Electoral Commission (IEC) is still in limbo despite a Supreme Court ruling in January 2021 in favor of five eminent Gambians resident in the UK, US and South Africa affirming their rights to vote elections organized in the Gambia. The litigants in that lawsuit were Messiers Bakary.B. Dabo, Sidi Sanneh, Cherno Njie, Pa Samba Chow and Jeggan Grey Johnson vs. IEC and the Attorney General as defendants.
The Supreme Court, the highest court in the land, reaffirmed their political rights and stated “the systematic and continued disenfranchisement of the Gambians living abroad is illegal and constitutes an assault on their fundamental rights”. The court cited section 39 of the 1997 constitution which clearly gives them the right to vote in elections organized in the country. Unfortunately, that unprecedented judgement was not enforceable in law as it is only a declaratory judgement, it only declares the existence of their rights to vote in any elections in the country but failed to order the IEC to register all of them in preparation to vote in upcoming elections.
In a related development, a press conference was organized in which the IEC chairman assured Gambians in the diaspora that voter registration will be held between 1st July to 31st July 2021, and that all those living outside the Gambia with valid Gambian passport, genuine ID card, and official birth certificate will be eligible to vote in the 2021 presidential elections.
IEC backtracking on diaspora voting
In a complete reversal of its earlier commitment made to register eligible voters outside the country, the IEC not only reneged on its earlier promise, but it also abandons its planned introduction of ballot voting replacing the customary marble voting unique to Gambia’s elections. This move further add to the frustrations of many Gambians both within and outside the country
Section 39 of the constitution gives non-resident citizens the rights to vote in elections for presidential as well as legislative plebiscites. Just like governments in other progressive countries have been doing for their out-of-country citizens, diaspora voting will lend credence to the integrity of the elections, while also recognizing their massive contributions to diaspora remittances and its impact on the socioeconomic development process of under-developed countries.
The Gambia cannot be an exception to this global phenomenon. In 2023 alone, remittances reached $773 million according to central bank officials. This however does not include the customs duties and taxes levied on containerized goods and used vehicles they are sending in the country as well as the visible boom in the construction of beautiful buildings sprouting around the country belonging to Gambians in the diaspora. Today, one in every three households in the country depend on the money and goods sent by those in the diaspora for their survival.
Lawsuit at the High Court to comply with the Supreme Court order
Just six months before the 2021 presidential election, the IEC while ignoring the Supreme Court ruling, forged ahead with its registration exercise without the inclusion of the diaspora Gambians as originally promised. That exercise registered over nine hundred thousand Gambians who acquired voter’s card, thus putting them on the electoral roll to decide who will govern them. But the over 200,000 eligible Gambians who are living abroad, and potential voters, were excluded.
Interestingly, the State House in anticipation of the ruling of the High Court issued a press statement which centered mainly on the case of the diaspora voting rights. The press release was reminding the public that the decision of the High Court will be known tomorrow. To any passionate follower, this shows that the office of the President already knew what was coming. The question is: why the State House had to issue a press statement reminding the public about the coming judgement with obvious reasons? Did they have prior knowledge about the outcome of the High Court decision? If so, then the credibility of our judiciary is questionable.
The High Court decision
The High Court dismissed the application on 31 July 2021, stating that, amongst other things, it lacks jurisdiction to hear the matter. It went further to add that since the supreme court is the most superior court in the land, it cannot order them to execute its own decision. It was erroneous on the part of the applicants’ lawyer to take the matter to the high court instead of going back to the supreme court to grant the order. That ruling sealed the fate of the diaspora voting and put an end to any possibility of giving Gambians resident abroad any hope of participating in the 2021 presidential elections.
Was the government of Adama Barrow behind that decision given the press statement it had a day before that ruling? It remains to be seen but what is possible is the fact that ruling governments will resist non-resident citizens voting if they have grounds to believe that extending the franchise will benefit the opposition parties in an election. We have recently witnessed opposition parties such as the UDP and PPDOIS organizing party congresses and rallies abroad in areas where they think they have huge support base. But are they doing enough to translate those massive display of party support into diaspora votes?
To all indications, there is absolutely no doubt that the electoral body has been in full preparation to give Gambians in the diaspora the opportunity to start voting in elections organized in the country prior to the 2021 presidential election. The chairman and four members of the commission embarked on a study tour in the subregion to learn from our neighboring countries on the proposed revision of the electoral law as well as the planned introduction of diaspora voting. That study tour which cost the IEC close to D2million of tax payers money took almost a week.
If the IEC can spend millions to go on a study tour to prepare itself for ballot paper voting, and diaspora voting for the implementation of major electoral reforms; and if the Government created a dedicated department- Gambia Diaspora and Migration Directorate at the Ministry of Foreign Affairs – with a special presidential adviser giving additional responsibility for diaspora affairs, I see no reasons why diaspora voting is still not made a reality and be actualized before the 2026/2027 election cycle.
The reason being bandit around by the IEC as a challenge emphasizing it cannot transport marble boxes around the world is fallacious and lacks merit. In today’s digitalized world modern voting consists of electronic as well as computer scanning systems which may be used in a ballot-paper voting system or a hybrid of our archaic marble system to reach voters anywhere around the world. That excuse doesn’t hold water anymore.
Ruling party donating vehicles to the IEC
To avoid the mistakes of the past, the relationship between the IEC and the ruling party must be subject to the most intense scrutiny to avoid any violation of the independence and integrity of the IEC. The crafters of the constitution in their infinite wisdom made provisions to assure the complete independence of the IEC in terms of funding of its operations and governance procedures. By law, the electoral body reports to the National Assembly and all its funding requirements are appropriated annually by the National Assembly. Therefore, the ruling party donating 19 vehicles to the IEC just before the 2021 presidential election heighten our suspicion of political bribery.
Gambians are desirous of a free, fair and inclusive election come 2026 and since the important role that diaspora citizens are making to the socio-economic development of the country in the provision of diaspora remittances, creating massive employment in the Bureaus de change, the construction industry, as well as providing the sustenance and upkeep of their families and friends they leave behind; the government must be ready to give its weight to make diaspora voting a reality in the 2026 Presidential election.
Any donations received from the government towards the election is considered illegal and must be disclosed to the public. It will also be of interest to the opposition political parties to find out whether IEC is still seeking further donations from the President to buy additional vehicles for the coming 2026 election. It is unconscionable to accept donations from any Presidential candidates whether in the opposition or the ruling party. As the old adage keeps reminding us “he who pays the piper calls the tune”.
IEC Chairman’s term expired
The replacement of the IEC chairman which is long overdue must be a priority as his two-term mandate has now expired. For genuine democracy to thrive, the IEC must be concerned about its independence to conduct free, fair and quality elections. The electoral body should now take all the necessary steps to give the assurance that diaspora voting would be implemented in the coming election cycle. To continue denying the vote for the more than two hundred thousand Gambians in the diaspora is unconstitutional.
