The EF Small Centre claims that denying voting rights to the Gambian Diaspora is unconstitutional, emphasizing that the Constitution and Elections Act affirm the right to vote for all citizens. They call for accountability from National Assembly members who have opposed these rights and view their actions as a violation of citizen sovereignty. The Centre criticizes misleading claims that constituency demarcation justifies denying expatriates voting rights.
The EF Small Centre asserts that the denial of voting rights to the Gambian Diaspora constitutes an unconstitutional act. Central to citizenship in a republic, the right to vote signifies independence and citizen sovereignty. According to the Constitution, Section 1(2) emphasizes that “sovereignty of the Gambia resides in the people of the Gambia,” thereby affirming that all citizens, whether residing domestically or abroad, possess the right to vote once they reach voting age.
The Constitution’s Section 26 explicitly guarantees the participation of Gambians in public affairs through elected representatives, further solidified by the Elections Act, specifically Section 39(1). This latter section mandates the Independent Electoral Commission (IEC) to ensure comprehensive voter registration, both within the country and amongst expatriates. Furthermore, Section 141 empowers the IEC with the authority to establish mechanisms for expatriate voting during presidential elections.
In light of this, the EF Small Centre argues that the National Assembly’s removal of Clause 14 from the Elections Amendment Bill, which would allow Diaspora voting, is both unconstitutional and illegal. This decision is considered null and void, particularly after the Supreme Court’s 2021 ruling which affirmed expatriates’ rights to participate in national elections.
Criticism has also been directed at claims suggesting that the IEC’s inability to demarcate constituencies abroad justifies the exclusion of citizens’ voting rights. The EF Small Centre maintains that such a rationale is misleading; the IEC possesses the latitude to implement any necessary mechanisms to uphold constitutional voting rights without relying solely on constituency demarcation.
The EF Small Centre expresses profound disappointment towards the Attorney General, Dawda A. Jallow, who allegedly misled the National Assembly by prioritizing constituency demarcation over the constitutional right to vote. The Centre expected National Assembly Members (NAMs) to advocate for and protect the rights of all Gambians, thus condemning those who either voted against or abstained from supporting the voting rights of citizens living abroad.
By doing so, these NAMs have reportedly violated Section 112 of the Constitution, which mandates that they act in the national interest and adhere to the principles of conscience. The EF Small Centre reiterates its position that rescinding the voting rights of Gambians abroad is both unconstitutional and invalid, demanding accountability from those responsible for this infringement upon citizens’ rights.
In conclusion, the EF Small Centre firmly argues that the decision to deny voting rights to Gambians abroad is unconstitutional, illegal, and undermines the sovereignty of citizens. The Constitution and Elections Act inherently endorse the right to vote for all citizens, regardless of their location. The Centre calls for accountability from National Assembly members and reinforces its commitment to ensuring that the full rights of all Gambians are recognized and protected.
Original Source: thepoint.gm
