By Ramatoulie Jawo
The National Assembly continued its deliberation on the Elections Bill 2021 on Tuesday, with a focus on provisions concerning the voting rights of Gambians in the diaspora.
Lawmakers continue their debate on key clauses that could grant Gambians living abroad the right to vote in the country’s elections.
During the consideration stage, Majority Leader and National Assembly Member for Kantora, Hon. Billay G. Tunkara, proposed an amendment to Clause 23, Subsection 3, which states, “The Commission shall cause the list of voters for each Constituency to be published for at least ten days in the Administrative Area in which the Constituency is situated and in foreign countries for Gambians in the diaspora.” Tunkara argued that since Clause 14 had been removed from the bill, this provision regarding the diaspora was now redundant.
Deputy Speaker Hon. Seedy S.K. Njie, who was presiding, asked the Minister of Justice for guidance on the matter. The Minister explained that Clause 14 addressed the registration of Gambians abroad, and its removal rendered the subsequent provision about voter display abroad unnecessary. ”So clause 14 is registration of Gambians living abroad; if that is removed from the bill, of course, it renders this extra provision redundant because this is meant after registration is done, the display of voters. So, if you are not allowing registration of voters abroad, of course, the extra provision is redundant.”
Following the Minister’s input, Deputy Speaker Njie put the proposal to a vote, with 25 members voting in favor, 16 voting against, and 3 absent.
The debate then moved to Clause 24, which reads: “(1)A person shall not be entitled to be registered as a voter in more than one Constituency or foreign country at any one time. (2) The Commission shall deregister voters who are found to be registered more than once.”
Hon. Tunkara proposed that the phrase “or foreign country at any one time” be removed.
“Chair on clause 24 provision on double registration, a person shall not be entitled to be registered as a voter in more than one constituency so it should stop there. Or foreign country at any one time should really go off,” the Majority Leader proposed.
After the majority leader’s proposal, the deputy speaker granted the members the floor to deliberate on the issue.
The National Assembly Member for Sami Constituency, Kiang, and others supported maintaining the clause as originally written, asserting that it posed no issues within the legal framework.
Minority Leader Hon. Alhagie S. Darboe, however, raised concerns that the removal of provisions related to diaspora voter registration was premature. He emphasized that final decisions should be made after the third reading of the bill, and suggested that if the diaspora’s right to vote was indeed important, it should be upheld.
“Until when we do the third reading and finally pass the bill, we can judge that decision should be final. But as of now, any provisional decision can be rescinded. We consider this aspect of diaspora voting very relevant as long as we believe that it is relevant for the diaspora to vote let us consider that it is their entitlement to be registered wherever they are,” he said.
Hon. Suwaibou Touray of Wuli East pointed out that the Constitution guarantees all citizens, including those abroad, the right to participate in the political process. He argued that the new bill was designed to ensure that all eligible citizens, including those in the diaspora, were able to vote.
“Now we are coming up with this new bill because we want to cater for everybody, because the old one is not catering for everybody and it is in the objective, it is saying this bill has taken cognizance of the fact that electoral laws must conform to the needs and aspirations of the electorates, in a truly democratic society, the participation of all eligible citizens through the casting of votes. Gambians outside are citizens and the constitution says all of them have a right to participate in the political life of their country so to remove “foreign country” you are deliberately removing Gambians who are outside there who have a legitimate reason to participate in our election,” he said.
Hon. Bakary Badjie of Foni Bintang stressed that the bill’s purpose was to improve electoral laws and accommodate progress. He warned against actions that might discourage diaspora Gambians from participating in elections, arguing that such decisions would undermine the bill’s goal of inclusivity.
“This is why, wherever you have foreign land wanting to vote, you want us to delete that. That is not telling well of us. And I want us to reason our decisions on matters and issues because whatever we are doing we are doing it for progress and development and for Gambians, no matter wherever they are,” he said.
Hon. Gibbi Mballow of Upper Fulladu West asked the Minister to clarify whether any current legal restrictions prevented Gambians in the diaspora from voting. The Minister responded that political rights, as outlined in the Constitution, guarantee every citizen the right to vote without unreasonable restrictions, including those abroad.
“This diaspora voting is a very sensitive matter that we are handling and all of us should take it very seriously. Now my question to the minister is about section 39 and also section 88, because earlier on I was part of those people that voted proudly against the diaspora voting. The reason is that if I am wrong because it is an expert opinion that I need if I am wrong I am ready to rescind my decision. But if I am not, I am proud to stand on the decision and this the opinion I need from the attorney general,” he asked.
In response, the minister emphasized that Section 26 pertains to political rights, which are included under Section 4 of the constitution that guarantees fundamental rights.
“And political rights are part of our civil rights so the text reads, every citizen of the Gambia of full age and capacity shall have the right without unreasonable restrictions,” he said.
He explained that Chapter 39 is now operationalizing Section 26, which grants a blanket right.
“39(1) says every citizen of the Gambia being 18 years or older and of sound mind shall have the right to vote for the purpose of elections of a president and members of the National Assembly, and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.( 2) every citizen of the Gambia who is a registered voter shall be entitled to vote in a referendum held in accordance with the constitution or any other law and (3) every citizen of the Gambia being of the age of 18 years or older and of a sound mind shall be entitled in accordance with the provisions of this chapter and any act of the National Assembly providing for such elections to vote in elections for local government authorities, transitional rulers in the area in which he or she is ordinarily resident,” he explained.
He explained that Section 39(1) allows for registration, but it requires that individuals be registered under a National Assembly constituency.
He further emphasized that Section 88 is the clause that divided The Gambia into National Assembly constituencies. It states that the National Assembly shall consist of (A) at least 53 members elected from constituencies demarcated by the boundaries commission, and (B) five members nominated by the president.
“So (A) was amended in 2015 from 48 to 53 so, if 39(1) is saying you can register and participate in elections in the Gambia in a National Assembly constituency, and 88 is saying Gambia is divided into 53 constituencies, we have two options, because now we have to discuss the substantive issues for Gambian diaspora. For their registration, there are two options available they could register under their home constituencies, if this is possible. That is to say, a Gambian from Kombo East, Kombo Central, or from Wuli, living in London or in Berlin, you register him or her under that home constituency because Gambia is already demarcated into 58 constituencies,” he said.
He stated that, at present, unless the diaspora is included in National Assembly constituencies, the only feasible option under the law is to allow them to register under their home constituencies. Alternatively, he emphasized that there is no other choice but to demarcate the diaspora into National Assembly constituencies. ”you allow them to register under their home constituencies alternatively you have no option but to demarcate the diaspora into National Assembly constituencies. Because 39(1) is entrenched if it were not entrenched you can easily amend it, but it is entrenched, but section 88 that divided the Gambia into 53 constituencies is not entrenched it would require a constitutional amendment if we want to amend that portion,” he said.
He informed the lawmakers that discussions are already underway with the leadership of the diaspora. He noted that the Gambians abroad are well-organized and are engaging with the government. The proposal they have put forward is to divide the diaspora into five constituencies.
“And the option they presented to us requires us to come back here to amend the constitution they are proposing an amendment of section 88. So that is one option, if you do not demarcate the diaspora into National Assembly constituencies the only option you have is to go find them there, but you are going to register them in their home constituencies. This is something that you also have to look at the practicalities and all things around it, but these are the two possible options as far as I know that are available to realize the registration of Gambians living in the diaspora,” he said.
After a lengthy discussion, Clause 24 of the bill was retained following a vote in which 18 members voted in favor of the amendment, while 24 members voted against it.