“They Could Register Under Their Home Constituencies” – Justice Minister Proposes Solution for Diaspora Voting

By Ramatoulie Jawo

National Assembly Debates Key Amendments to Elections Bill

The Gambia’s National Assembly continued its deliberation on the Elections Bill 2021 on Tuesday, with heated discussions focusing on provisions concerning the voting rights of Gambians in the diaspora. Lawmakers debated key clauses that could determine whether citizens living abroad will maintain their right to participate in the country’s elections.

Controversial Amendments Proposed

Majority Leader and National Assembly Member for Kantora, Hon. Billay G. Tunkara, proposed removing provisions related to diaspora voter registration, arguing they became redundant after the removal of Clause 14 from the bill. The proposal passed with 25 members voting in favor and 16 against.

Justice Minister Dawda Jallow explained: “Clause 14 addressed registration of Gambians abroad. Its removal makes subsequent provisions about voter display abroad unnecessary.”

Constitutional Rights at Stake

The debate intensified when discussion moved to Clause 24, which prohibits multiple voter registrations. Some lawmakers argued that removing references to “foreign country” would effectively disenfranchise diaspora voters.

Minority Leader Hon. Alhagie S. Darboe cautioned: “We consider diaspora voting very relevant. If we believe it’s their entitlement to vote, we should allow registration wherever they are.”

Hon. Suwaibou Touray of Wuli East emphasized constitutional rights: “The constitution says all citizens have a right to participate in the political life of their country. Removing ‘foreign country’ deliberately excludes Gambians abroad.”

Justice Minister Proposes Two Solutions

Minister Jallow outlined two possible approaches to maintain diaspora voting rights:

1. Home Constituency Registration: Gambians abroad could register under their original home constituencies
2. Diaspora Constituencies: Creating five new constituencies for overseas voters, requiring constitutional amendment

“Section 39(1) allows registration in National Assembly constituencies,” Jallow explained. “Unless we demarcate the diaspora into constituencies, the only option is to register them under their home constituencies.”

The minister revealed that diaspora leaders have already proposed dividing overseas Gambians into five constituencies, which would require constitutional changes.

Final Vote Retains Diaspora Provisions

After extensive debate, the Assembly voted to retain Clause 24 in its original form, with 24 members opposing the amendment and 18 supporting it. This keeps the door open for continued discussion about diaspora voting rights in The Gambia’s electoral process.

The deliberations highlight the ongoing tension between constitutional rights and practical implementation challenges in ensuring all citizens can participate in the democratic process, regardless of their location.