The CSO coalition is calling for the reinstatement of Clause 14 to enable Gambians abroad to vote, citing constitutional rights and democracy. Marr Nyang and Salieu Tall argue that its absence disenfranchises citizens and undermines electoral integrity, urging immediate legislative action before the upcoming 2026 presidential election.
A coalition of Civil Society Organizations (CSOs) is advocating for the reinstatement of Clause 14, which would allow Gambians living abroad to exercise their constitutional voting rights. Marr Nyang, the CEO of Gambia Participates (GP), emphasized that this clause is vital for ensuring that all citizens aged 18 and above can vote, as guaranteed by the 1997 Constitution and upheld by the Elections Act of 1996 and a Supreme Court ruling in 2021.
Nyang delineated several key reasons for restoring Clause 14. First, it is essential for constitutional alignment, as it corresponds with Section 39 of the Constitution and reinforces the Supreme Court’s ruling on voting rights for Gambians overseas. Second, the absence of Clause 14 would disenfranchise Gambians abroad, who play a significant role in the economy, thus setting a concerning precedent.
Additionally, Nyang highlighted that diaspora voting is feasible from both logistical and legal perspectives and can be executed without creating separate constituencies, as seen in other countries. He asserted that excluding these voters would compromise democratic principles and infringe on human rights. He urged immediate government and Assembly action to rectify this before the 2026 presidential election.
Salieu Tall, GP’s chairperson, supported Nyang’s assertions, arguing that Section 88 does not negate the constitution but instead affirms the necessity of Clause 14. Tall stated that diaspora Gambians should not be classified under separate constituencies for voting rights and clarified that their registration hinges on their birthplace. While currently diaspora Gambians can vote in presidential elections and referendums, they are excluded from parliamentary, council, or mayoral elections unless separate constituencies are established.
Tall underscored the importance of the diaspora in fostering unity among Gambian political parties and the historical context of electoral reform spurred by past sacrifices. He pointed out that the removal of Clause 14 jeopardizes constitutional rights and threatens democracy, reinforcing the urgency for reinstating this legislation in light of the Supreme Court’s prior rulings.
In summary, the CSO coalition’s demand for the reinstatement of Clause 14 underscores the imperative for safeguarding the voting rights of Gambians abroad. The argument supports constitutional alignment, prevention of disenfranchisement, logistical feasibility, and the enhancement of democratic values. The call for legislative action before the 2026 election reflects a commitment to uphold constitutional rights and acknowledge the valuable contributions of the diaspora.
Original Source: thepoint.gm
