EF Small Centre Declares Denial of Diaspora Voting Unconstitutional

The EF Small Centre asserts that denying voting rights to Gambians abroad is unconstitutional, emphasizing that Sections 1(2), 26, and 39(1) of the Constitution and Elections Act guarantee these rights. The Centre argues that recent actions by the National Assembly contradict these constitutional provisions and expresses disappointment in elected officials for failing to protect the rights of citizens living abroad.

The right to vote is a fundamental pillar of citizenship in a republic, as underscored by the Constitution of The Gambia. Section 1(2) clearly asserts that “sovereignty of The Gambia resides in the people of The Gambia,” extending voting rights to all citizens regardless of their residency status. Thus, the ability to vote is not limited by location but is essential for expressing citizen sovereignty and participation in national governance.

The Constitution’s Section 26 guarantees Gambians the right to engage in public affairs through chosen representatives, which includes the right to vote. This right is further reinforced in Section 39(1) of the Elections Act, which mandates the Independent Electoral Commission (IEC) to register all Gambians, including those residing abroad. Moreover, Section 141 of the Elections Act ensures that the Commission may establish regulations for citizens living overseas to participate in presidential elections.

Given these provisions, the EF Small Centre asserts that the National Assembly’s decision to remove Clause 14 from the Elections Amendment Bill, effectively denying Voting Rights to the Diaspora, is unconstitutional and without legal standing. It is critical to note that the Supreme Court had affirmed in 2021 that Gambians abroad possess the right to register and vote in all national elections, highlighting the consistency of this legal interpretation when the matter was addressed by prominent figures previously.

Claims that the IEC must first demarcate constituencies abroad are misleading. Section 141 permits the IEC to adopt various mechanisms to ensure compliance with constitutional obligations. Rejecting the voting rights based on the absence of constituency demarcation undermines the constitutional guarantees afforded to Gambian citizens. Hence, the EF Small Centre expresses profound disappointment in the Attorney General, Dawda A. Jallow, for potentially misguiding the National Assembly regarding this crucial issue.

The EF Small Centre emphasizes the expectation that National Assembly Members (NAMs) will uphold the constitutional rights of all citizens. Disappointment is further expressed regarding those NAMs who voted against or abstained from ensuring that Gambians abroad maintain their voting rights. Such actions contravene Section 112 of the Constitution, which asserts the duty of NAMs to act in the nation’s interest, guided by conscience and national welfare.

In summary, the EF Small Centre firmly contends that the removal of voting rights for Gambians residing abroad is unconstitutional and invalid. The provisions in both the Constitution and the Elections Act clearly establish the right of all citizens to vote regardless of their location. Furthermore, it is essential for elected representatives to prioritize the constitutional rights of all Gambians and uphold the principles of citizen sovereignty and participation in national governance.

Original Source: thepoint.gm