By Ramatoulie Jawo
During the consideration stage of the Election Bill, members of the National Assembly voted in opposition to the inclusion of diaspora voting, successfully rejecting Clause 14 of the proposed laws.
Lawmakers have been divided within the debate over the clause, with some advocating for granting Gambians overseas the fitting to vote, whereas others argued that such provisions battle with the structure.
Clause 14 of the invoice stipulated the registration of Gambians dwelling overseas, stating:
(1) The Commission shall register a Gambian dwelling exterior The Gambia as a voter if she or he satisfies the necessities for registration prescribed below this Act,
(2) The Commission shall, in session with the Inter-Party Committee and Cabinet, prescribe detailed Rules for the registration and voting of Gambians dwelling exterior The Gambia to vote in Presidential elections, referenda, or another elections as decided by the Constitution or another regulation.
(3) The Rules made by the Commission below subsection (2) shall specify (a) the factors for the collection of international international locations the place elections are to be carried out and (b) the appointment of election officers and the conduct of elections.”
The National Assembly’s joint committee report on the invoice highlighted that Clause 14 aligns with Section 141 of the Elections Decree, detailing the method and procedures the Commission should undertake to register Gambians overseas. The clause additionally mandated the IEC to formulate guidelines for implementation in session with the Inter-Party Committee and Cabinet.
However, the IEC expressed considerations that subjecting it to consultations with these our bodies may undermine its independence. As a outcome, the committee really helpful an modification, changing the requirement for session with the “Inter-Party Committee and Cabinet” with session with the “National Assembly.”
Hon. Sainey Jawara, National Assembly Member (NAM) for Lower Saloum, argued that the Constitution doesn’t presently permit diaspora voting. He emphasised that any inclusion of such a clause would necessitate a constitutional modification.
On the opposite hand, Hon. Sulayman Saho, NAM for Central Badibou, strongly opposed this view, accusing Hon. Jawara of misinterpreting the Constitution. He cited Section 39, which grants each Gambian citizen aged 18 and above, with sound thoughts, the fitting to vote in presidential and National Assembly elections. He argued that the Constitution doesn’t specify residency as a requirement and pressured that Gambians overseas ought to be allowed to train their proper to vote.
“That does not interpret that the person must be a resident of that constituency. These people are bona-fide citizens of the country that should be registered. We have been denying them their right to participate in politics, we must give them an opportunity to be registered,” he emphasised.
Attorney General and Minister of Justice Dawda A. Jallow referenced a Supreme Court ruling within the Bakary Bunja Darboe case, affirming the fitting of Gambians to be registered to vote. However, he defined that Section 39 is an entrenched clause requiring voter registration inside a National Assembly constituency. Since the diaspora is just not presently designated as a constituency, an modification to Section 88 could be required to create such a constituency earlier than diaspora voting may very well be carried out.
“But the fact of the matter is section 39 (1) is an entrench clause, and it says you should be registered in a National Assembly constituency, this is true, the diaspora is not in a National Assembly constituency. National Assembly constituencies are under section 88, 53 currently, now even if this clause is allowed to pass, IEC will not be able to implement it for the diaspora until they demarcate the diaspora into a constituency and that means section 88 has to be amended to increase the number of national assembly constituencies in order to be able to allow the diaspora to vote. So it’s a situation of the chicken and the egg. Do you give them the authority to demarcate? because again I take the historical context, when this bill was presented there was also a draft constitution in progress, it was believed that the draft constitution would have adequately covered some of these inadequacies that are contained here. So if you give them the authority now to register the diaspora, they still will not be able to do it in light of section 39 unless they demarcate diaspora into a National Assembly constituency, and for that to happen, they have to amend the constitution,” he stated.
Minister Jallow additional clarified {that a} 2015 constitutional modification, which elevated the variety of National Assembly seats from 48 to 53, launched the phrase “at least” to permit for future growth. While further constituencies may very well be created with out amending Section 88, the demarcation of diaspora voting constituencies would nonetheless be required to adjust to Section 39 earlier than any registration may happen.
“So it is at least 53, so which mean the number of constituencies can be increased without necessarily amending the 88, but still demarcation have to happen in order to register, so compliance with section 39 is mandatory It has to complain with section 39 diaspora has to be demarcated before any registration can take place.”
Following the heated debate, the Speaker referred to as for a vote. Fourteen members supported sustaining Clause 14, whereas 25 voted in opposition to it. No members abstained, resulting in the clause’s rejection.