Marr Nyang, Executive Director of Gambia Participates
By Buba Gagigo
In a move that has sparked concern among advocacy groups and citizens alike, Gambia Participates, along with several other prominent organizations, is calling for the immediate reinstatement of Clause 14 in the Elections Bill to secure the right of Gambians living abroad to vote in the 2026 presidential election.
At a press conference held this week, Marr Nyang, Executive Director of Gambia Participates, voiced strong opposition to the recent decision by the National Assembly to remove Clause 14, which would have provided the legal framework for the inclusion of the Gambian diaspora in the voting process.
Under the 1997 Constitution, all citizens of The Gambia are guaranteed the right to vote, whether residing at home or abroad. Section 26 of the Constitution, as well as Section 11 of the Elections Act, explicitly grants the Independent Electoral Commission (IEC) the mandate to register all Gambians, including those living overseas, and maintain a voter registry for them. A 2021 Supreme Court ruling affirmed this right, underlining the constitutional obligation to allow all citizens, no matter their location, to participate in national elections.
However, the National Assembly’s recent vote to remove Clause 14 has raised alarms. Nyang explained that the provision was vital to ensuring that diaspora voters could participate without the need for new electoral constituencies. He emphasized that Clause 14 aligned with the Constitution and the Supreme Court’s decision, offering a clear legal framework for the IEC to facilitate the registration and voting of Gambians abroad under existing constituencies.“Clause 14(1) of the Elections Bill is consistent with section 26 and 39 of the 1997 Constitution and the Supreme Court 2021 ruling on Bakary Bunja Darbo & Others vs. Attorney General & Independent Electoral Commission, all of which extend voting rights to every citizen of The Gambia at home and abroad. In addition, clause 14 provides for further legal guidelines for the IEC to formulate rules in facilitating the registration and voting of Gambians living outside The Gambia,” said Marr Nyang, Executive Director of Gambia Participates.
Nyang further argued that Clause 14 is in harmony with the 1997 Constitution and the Supreme Court’s 2021 ruling and does not contradict Section 39. It simply offers legal guidelines for the IEC to register diaspora voters within existing constituencies, ensuring their participation without the need for new constituencies.Nyang was unequivocal in his criticism of the Assembly’s decision to delete Clause 14, calling it a violation of Gambian citizens’ fundamental rights. Stating, “The National Assembly directly violates Section 39 of the Constitution, which guarantees voting rights to all citizens. The IEC is prevented from fulfilling its constitutional and legal obligations. Gambians abroad, who contribute significantly to national development, are unjustly disenfranchised. This creates a dangerous precedent, where any Gambian who moves abroad automatically loses their voting rights,” he said.
Drawing on international and regional precedents, Nyang argued that diaspora voting is both logistically and legally feasible. He pointed to successful examples of overseas voting in other countries, where citizens are registered under their birth constituencies or previous places of residence.
“Gambians abroad can be registered under their birth constituencies or former places of residence, as permitted by Section 12 of the Elections Act. Deletion of Clause 14 contradicts the Principles of Democracy and Good Governance Excluding diaspora voters undermines democratic participation, human rights principles, and the rule of law, as affirmed by the Supreme Court,” he said.To address the issue, Nyang called for the reintroduction of Clause 14, with minor amendments to ensure clarity. He proposed replacing the word “shall” with “may” in Clause 14(2) to provide the IEC with discretion when consulting with the cabinet and the Inter-party Committee. He also recommended limiting diaspora voting to presidential elections and referenda, until legal frameworks are in place to allow participation in local and constituency elections.
“Substitute the word “shall” with “may” in clause 14(2) To ensure IEC discretion in consulting with cabinet and the Inter-party Committee, which must not be a legal obligation upon the election management body. Keep within bounds 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,” he said.Nyang urged the National Assembly to act swiftly, noting that failure to reinstate Clause 14 before the 2026 presidential election would set a dangerous precedent for future electoral laws. He emphasized that removing the clause would disenfranchise an estimated quarter of a million Gambians living abroad who have long fought for the right to vote.
“Act Before the 2026 Presidential Election. Failure to reinstate Clause 14 would: Perpetuate an unconstitutional system that denies Gambians abroad their rights. Set a regressive precedent for future electoral laws. 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. “It effectively disenfranchises almost a quarter of a million of Gambians abroad, who have long fought for the right to participate in national elections and continue to contribute immensely to 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,” Nyang concluded.