Gambia’s National Assembly has rejected Clause 14 of the Election Bill 2021, which aimed to allow Gambians living abroad to register as voters. The clause, which sparked heated debate, was struck down after 25 lawmakers voted against it, while only 14 supported its retention. No members abstained from voting.
Legal Barriers to Diaspora Voting
Attorney General and Minister of Justice, Hon. Dawda A. Jallow, explained why Gambians in the diaspora cannot participate in elections. According to him, Section 39 of the 1997 Constitution is an entrenched clause that states:
“You should be registered in a National Assembly Constituency before you are considered an eligible voter.”
Jallow clarified that since the diaspora does not belong to any National Assembly Constituency, they cannot be registered under the current electoral framework. He further explained that even if Clause 14 were passed, the Independent Electoral Commission (IEC) would still be unable to implement it unless new constituencies were created for the diaspora. This process would require an amendment to Section 88 of the Constitution, which defines the number of National Assembly constituencies.
Jallow also pointed out that a draft constitution is in progress, which could potentially address these issues. However, under the existing legal framework, Gambians abroad cannot be included in the voting process.
Opposing Views on Diaspora Inclusion
Despite the legal concerns, some lawmakers strongly opposed the decision to exclude Gambians abroad. Hon. Sulayman Saho, Member for Central Badibu, argued that all Gambians of voting age should have the right to participate in elections.
“Every citizen of the Gambia that has reached 18 years and has a sound mind shall have the right to vote for the purpose of election of a president and members of the National Assembly and shall be entitled to be registered as a voter in a National Assembly constituency.”
Saho emphasized that the law does not explicitly require a person to reside in a constituency to be registered. He described the exclusion of the diaspora from elections as a denial of their fundamental rights and urged lawmakers to recognize their contributions to the country.
Proposed Amendments to Clause 14
Clause 14 initially stated that the Independent Electoral Commission (IEC), in consultation with the Inter-Party Committee and Cabinet, would develop regulations for diaspora voting in presidential elections, referenda, or any other elections permitted by law.
However, the Joint Committee on Local Government and Human Rights recommended an amendment to replace the “Inter-Party Committee and Cabinet” with the “National Assembly” as the supervising body for diaspora voting regulations.
Despite these efforts, the rejection of Clause 14 means that Gambians living abroad remain excluded from participating in the electoral process, unless future constitutional amendments make provisions for their inclusion.
This decision has reignited debates on electoral reform in Gambia, with many calling for a more inclusive voting system.
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