The EF Small Centre claims that denying voting to the Gambian Diaspora is unconstitutional, as the right to vote is fundamental to citizenship. The Constitution and Elections Act affirm that every citizen, regardless of residency, has the right to vote, established by previous Supreme Court rulings. The Centre criticizes the National Assembly for its actions that hinder these rights and urges lawmakers to uphold the constitution.
The EF Small Centre asserts that denying voting rights to the Gambian Diaspora is unconstitutional. Voting is fundamental to citizenship within a republic; thus, every citizen aged eighteen or older should be able to vote, regardless of their residency status. The Constitution emphasizes that sovereignty lies with the people, which underscores the importance of participation in governance from all Gambians, whether at home or abroad.
According to Section 26 of the Constitution, Gambians are entitled to engage in public affairs through elected representatives, a right reinforced by Section 39(1) of the Elections Act. This act mandates the Independent Electoral Commission (IEC) to maintain a register of voters, including those living internationally. Additionally, Section 141 allows the IEC to establish rules for overseas voting in presidential elections, highlighting the intent for all Gambians to participate in national elections.
The EF Small Centre criticizes the National Assembly’s removal of Clause 14 from the Elections Amendment Bill, viewing it as an unconstitutional act that nullifies Diaspora voting. The Supreme Court’s previous ruling in 2021 confirmed the right for overseas Gambians to vote in national elections, dismissing any need for constituency demarcation as a precondition for voting. This perspective indicates that procedural delays should not infringe upon fundamental voting rights.
EF Small Centre expresses disappointment in comments made by Attorney General Dawda A. Jallow that prioritized constituency mapping over the right to vote. They believe such statements misdirect the National Assembly and undermine constitutional rights. EF Small Centre urges lawmakers to uphold the law and protect the voting rights of all Gambians, condemning the actions of those who voted against or abstained during the assembly discussions as a violation of their constitutional duties.
In summary, the EF Small Centre firmly believes that the Gambian Diaspora should retain their constitutional right to vote, emphasizing that citizenship entails participation in governance, irrespective of residency. The removal of voting rights for overseas citizens contradicts established legal frameworks and court rulings. Lawmakers are called to acknowledge and uphold these rights moving forward.
Original Source: thepoint.gm
