The EF Small Centre argues that denying voting rights to Gambians in the diaspora is unconstitutional, violating their fundamental rights as citizens. It highlights the legal framework supporting their voting rights and criticizes the National Assembly’s actions to expunge provisions for diaspora voting. The article underscores the importance of safeguarding these rights as part of the nation’s commitment to democracy and citizen participation.
The right to vote is fundamental to citizenship in a republic, as articulated in the Constitution of The Gambia. This principle emphasizes that sovereignty resides with the people of The Gambia, affirming that all citizens who reach voting age should have the right to participate in elections, regardless of their residency status. Voting is a manifestation of sovereignty that allows citizens to influence governance and national affairs.
The Gambian Constitution and the Elections Act explicitly guarantee citizens the right to participate in public affairs, including voting and standing for elections. Section 11 of the Elections Act requires the Independent Electoral Commission (IEC) to maintain a register of voters, including Gambians residing abroad. Additionally, Section 141 empowers the IEC to establish rules for diaspora voting in presidential elections.
EF Small Centre asserts that the removal of Clause 14 from the Elections Amendment Bill by the National Assembly, which denies voting rights to the diaspora, is unconstitutional and invalid. The organization highlights that the 2021 Supreme Court ruling established the right for Gambians abroad to register and vote in national elections, contradicting the National Assembly’s actions.
The argument that the IEC must first demarcate constituencies abroad before allowing diaspora voting is misleading. Section 141 grants the IEC the discretion to implement suitable mechanisms to uphold citizen voting rights, thus not mandating constituency demarcation as a prerequisite. The Attorney General’s claims are viewed as a misrepresentation of the National Assembly’s responsibilities.
EF Small Centre expresses disappointment in National Assembly Members (NAMs) who voted against or abstained from endorsing diaspora voting, arguing that their actions violate the Constitution. The organization calls for accountability for those who obstruct expatriate voting, stressing the importance of protecting citizens’ rights as mandated by Section 112 of the Constitution.
In summary, denying diaspora voting undermines established constitutional rights and contradicts both the Gambian Constitution and the Elections Act. The EF Small Centre firmly believes that every Gambian, regardless of their place of residence, is entitled to participate in the electoral process. The denial of such rights by the National Assembly is viewed as an infringement on the sovereignty of the people, warranting accountability for those involved in this decision.
Original Source: thepoint.gm
