The EF Small Centre asserts that denying voting rights to Gambians abroad is unconstitutional. It cites constitutional provisions and legislation supporting diaspora voting, emphasizing that all citizens must be included in governance. The Centre expresses disappointment in the National Assembly for voting against diaspora voting rights, urging accountability among lawmakers.
The EF Small Centre emphasizes that denying voting rights to the Gambian diaspora undermines citizenship and sovereignty. According to Section 1(2) of the Constitution, the sovereignty of The Gambia belongs to its people, and every citizen of voting age is entitled to vote, regardless of residence. This necessitates that every Gambian must have a voice in governance and representation, reinforcing that the location of citizenship does not diminish one’s right to participate in the democratic process.
Section 26 of the Constitution and Section 39(1) of the Elections Act reinforce the right of Gambians to engage in public affairs. The Elections Act mandates the Independent Electoral Commission (IEC) to register all Gambians, including those living abroad, and to facilitate their voting process. Section 141 further provides the Commission authority to establish procedures for overseas voting, indicating clear legislative intent for inclusive electoral participation.
The EF Small Centre considers the National Assembly’s decision to eliminate Clause 14 from the Elections Amendment Bill—a measure to deny diaspora voting—as unconstitutional and void. This position is supported by a 2021 Supreme Court ruling that acknowledged the right of Gambians abroad to participate in national elections, contradicting claims suggesting that unilaterally defining constituencies abroad as a prerequisite is misleading and inappropriate.
Furthermore, the Centre criticizes the Attorney General’s assertion regarding the need for constituency demarcation as a justification for denying voting rights, asserting that it misleads lawmakers and prioritizes bureaucratic concerns over constitutional rights. They express disappointment in National Assembly Members (NAMs) who abstained or voted against including the diaspora vote, viewing this as a failure to act in the national interest as outlined in Section 112 of the Constitution.
The EF Small Centre firmly concludes that removing voting rights for Gambians abroad is unconstitutional and demands accountability from those representatives who voted against this right. They advocate for the protection and recognition of all citizens’ rights, reinforcing that every Gambian must have a say in national affairs regardless of their place of residence.
The EF Small Centre firmly affirms that denying voting rights to Gambians living abroad contravenes both constitutional provisions and legislative intent. Their stance is reinforced by judicial rulings affirming the right to vote regardless of residence. The Centre calls for accountability of lawmakers whose decisions infringe upon these rights, emphasizing a collective duty to uphold constitutional democracy and promote the interests of all Gambians.
Original Source: thepoint.gm
