By: Kemo Kanyi
A consortium of Civil Society Organisations (CSOs) in The Gambia has called on the National Assembly to reintroduce clause 14 of the elections bill which allows the participation of Gambians living abroad to vote in elections in the country.
In a press conference led by the Gambia Participates in partnership with the Elections Watch Committee, and Edward Francis Small Centre for Rights and Justice recommended upholding the constitutional and democratic obligations of citizenship.
The CSOs urged the National Assembly to substitute the word “shall” with “may” in clause 14(2) to ensure Independent Electoral Commission’s (IEC) discretion in consulting with the cabinet and Inter-party Committee, which must not be a legal obligation upon the election management body.
The CSOs position paper unveiled to the media encouraged parliamentarians to be brief when reintroducing the clause and limit diaspora voting to presidential elections at the moment.
“Keep within bounds the diaspora voting to presidential elections and referenda for now, removing ambiguous wording such as “or any other elections as determined by the Constitution or any other law” from Clause 14(2). This will at least remove any ambiguity and accommodate the diaspora to vote in subsequent presidential elections and referendums until such time when the necessary legal frameworks to facilitate the diaspora to vote in local and constituency elections are established,” the position paper leased by CSOs in a press conference on Wednesday outlined.
It called on the legislators to uphold constitutional and democratic obligations of Gambians, saying, “We remind National Assembly Members of their duty under Section 17(1) of the Constitution, which mandates respect for fundamental human rights by all branches of government, including the Legislature.”
The CSO consortium added that failure to reinstate Clause 14 would of the elections bill before the 2026 presidential election is a perpetuation of an unconstitutional system that denies Gambians abroad their rights.
While calling on the law makers to set a regressive precedent for future electoral laws, the CSOs said the removal of Clause 14 from the Elections Bill 2021 is a direct infringement on the constitutional rights of Gambians living abroad and total disregard to the verdict of the Supreme Court of The Gambia, stating that the action by legislators effectively disenfranchises almost quarter a million of Gambians abroad who have long fought for the right to participate in national elections and continue to contribute immensely on the country’s economy.
“We urge the immediate reintroduction of Clause 14 with minor amendments to ensure Gambians abroad can vote in the 2026 presidential election and future referenda. The time to act is now to safeguard democracy, uphold constitutional rights, and respect the sacrifices of Gambians worldwide,” CSOs maintained.
