The Rights Centre asserts that denying the right to vote for the Gambian Diaspora is unconstitutional, emphasizing that every citizen should participate in elections, regardless of residency. The Constitution and Elections Act support this right, and the National Assembly’s recent decision to eliminate Clause 14 is seen as a violation of these laws. Disappointment is expressed towards lawmakers who failed to uphold these rights, with calls for accountability.
The Rights Centre firmly asserts that denying voting rights to the Gambian Diaspora is unconstitutional. The fundamental principle of citizenship within a republic asserts that every citizen should have the right to vote, regardless of residence. The Constitution explicitly states that “sovereignty of the Gambia resides in the people of the Gambia,” reinforcing the notion that voting is an inherent right for all citizens who have reached voting age, both at home and abroad.
According to Section 26 of the Constitution, Gambians are entitled to participate in public affairs through their representatives, which encompasses their right to vote. Moreover, the Elections Act further solidifies this right, mandating the Independent Electoral Commission (IEC) to maintain voter registers for both residents and citizens living overseas, as stipulated in Section 11.
The EF Small Centre contends that the National Assembly’s decision to eliminate Clause 14 from the Elections Amendment Bill, thus denying the Diaspora the right to vote, is unconstitutional. Their ruling is deemed null and void, disregarding the provisions laid out in both the 1997 Constitution and the Elections Act that support voting rights for all Gambians.
Previously, the Supreme Court ruled in 2021 that Gambians residing abroad have the right to register and vote in various national elections, including referenda and presidential elections. This ruling followed a case brought against the IEC and the Attorney General by prominent figures, indicating a clear judicial endorsement of the voting rights of Gambians abroad.
The assertion that the IEC must first demarcate constituencies abroad before allowing voting is seen as misleading. Section 141 of the Elections Act allows the IEC discretion in determining the method of ensuring constitutional voting rights are upheld. Therefore, a lack of demarcated constituencies is not a valid reason to deny Gambians their right to register and vote.
The EF Small Centre expresses disappointment towards the Attorney General, Dawda A. Jallow, for prioritizing constituency demarcation over the voting rights of citizens. They criticize the National Assembly members who either voted against or abstained from upholding the rights of Gambians abroad, stating that their actions violate Section 112 of the Constitution, which demands that lawmakers act in the national interest.
In summary, the Rights Centre emphasizes that every Gambian citizen, regardless of their location, possesses the constitutional right to vote. The National Assembly’s recent decision to restrict this right for the Diaspora is deemed unconstitutional and invalid. It is crucial for lawmakers to honor and protect the rights of all Gambians, as this is fundamental to the nation’s democratic principles and sovereignty.
Original Source: thepoint.gm
