Removing Clause 14 from the Elections Bill 2021 has sparked outrage among advocates for diaspora voting rights, who argue it violates the Gambian Constitution and a 2021 Supreme Court ruling.
In a detailed position paper shared with the media, a coalition of civil society groups and diaspora representatives, including the Gambia Participates, the Election Watch Committee, and the Edward Francis Small Centre for Rights and Justice, are urging the National Assembly to reinstate the clause, They warn that its deletion disenfranchises nearly a quarter million Gambians abroad before the 2026 presidential election.
The 1997 Constitution guarantees all Gambians aged 18 and older the right to vote, a provision reinforced by Sections 11 and 141 of the Elections Act of 1996, which mandate the Independent Electoral Commission (IEC) to register voters, including those in foreign countries, and establish rules for their participation in presidential elections. A landmark Supreme Court decision in 2021, in the case of *Bakary Bunja Darbo & Others vs. Attorney General & IEC, affirmed that this right extends to the diaspora, regardless of residency.
Clause 14 of the Elections Bill 2021 sought to formalize these provisions by empowering the IEC to create guidelines for diaspora voting. However, National Assembly members who opposed it argued that Section 39(1) of the Constitution—stating voters must be registered in a National Assembly constituency—requires a new diaspora constituency, necessitating a constitutional amendment. This led to the clause’s deletion.
The position paper of these CSOs refutes this interpretation, asserting that the Supreme Court’s ruling clarifies that diaspora voters can be registered under existing constituencies based on their birthplace or former residence, as Section 12 of the Elections Act outlines. “The current legal framework already supports diaspora voting,” the group said in a press briefing on Wednesday. “Clause 14 simply provides practical guidance for the IEC to fulfill its mandate.”
The fight for diaspora voting rights dates back over 25 years, with significant pushes in 2012 by opposition parties, a 2015 proposal to then-President Yahya Jammeh, and a promise in Coalition 2016’s manifesto, which helped secure Adama Barrow’s victory with diaspora support.
Despite years of consultations affirming this right, the deletion of Clause 14 has left advocates dismayed.
“Removing this clause violates the Constitution, blocks the IEC from its duties, and sets a dangerous precedent where Gambians abroad lose their voting rights,” the group warns. It highlights the diaspora’s economic contributions and calls their exclusion a breach of democratic principles.
The coalition proposes reinstating Clause 14 with minor tweaks: replacing “shall” with “may” in Clause 14(2) to give the IEC flexibility in consultations and limiting diaspora voting to presidential elections and referenda until broader frameworks are established. They urge lawmakers to act swiftly to ensure participation in 2026, citing Section 17(1) of the Constitution, which mandates respect for fundamental rights.
They said that failing to restore Clause 14 would perpetuate an unconstitutional system and undermine the Gambia’s democratic progress. “The time to act is now—to uphold the law and honor the sacrifices of Gambians worldwide,” it declares.
