The Gambian Diaspora Vote: From Promise to Reality?
Parliamentarians at Joint Committee Meeting © GPN
By Yusef Taylor, @FlexDan_YT
Two years back, a Parliamentary Joint Committee sought a meeting with the Independent Electoral Commission (IEC) to advance the establishment of five Diaspora Constituencies, enabling Gambians abroad to vote in the next electoral cycle, which begins in 2026. The Joint Committee on Regional Government, Lands, Human Rights, and Constitutional Matters heard presentations on the Elections Bill from the Migration and Sustainable Development in The Gambia (MSDG) on Thursday, 21st July 2023.
MSDG’s Gibril Faal © GPN
Hon. Suwaibou Touray (Wulli East): A Call for a Retreat
Speaking after the presentations, Hon. Suwaibou Touray explained, “I believe [from] what the presenters said, it looks like there is a need for a retreat. Even if it is going to be a one-day retreat, there is a need for a retreat where we have all these experts, and we look at all these issues that we are mentioning so that we are able to address all these problems.”
He added, “Diaspora voting is already in the Constitution, but how do we ensure that it happens? I believe one thing he said must happen, and that is the registration. We’ve already done the first cycle; now, before we get to this, we must consider that the ECOWAS law is there. There is a time frame beyond which we cannot change the electoral laws, so we must fast-track this thing to make sure all these things are addressed. The ball can begin rolling. We have to invite the IEC also to come.”
It’s of paramount importance to highlight that prior to these talks, the Diaspora had already suffered a disappointment to get registered to vote in the 2021 Presidential Elections and the rest of the previous electoral cycle.
The Supreme Court passed a ruling on the rights of Gambians abroad to vote on 16th September 2020. The ruling reveals that the Lawyer for the IEC accepted that they are “under legal obligation to register Gambians living outside The Gambia for purpose of public elections and refrenda.” The Legal Counsel for the IEC cited financial challenges as a stumbling block.
Regardless, the Supreme Court ruled, “indeed, the IEC has accepted responsibility for ensuring that the provisions of section 39 of the Constitution are adhered to and its obligations under section 11 of the Elections Act are complied with.”
Subsequently, a budget was prepared by the Ministry of Finance and presented to Parliament, and the IEC issued a calendar to register Gambians abroad prior to the Presidential elections, however, this all failed to materialise as the IEC aborted their plans.
This disappointment left a sour taste of anxiety for pro-Diaspora Enfranchisement advocates who still continue to persist.
On the IEC’s website, it notes that “The Commission has been mandated by the Elections Act (Section 11) to provide a register of voters in foreign countries. Such a mandate is being looked into. Presently, Gambians living abroad have the option of returning to the Gambia during registration periods and register within their Constituencies of origin. This will mean that it is only in this type of registration that they can vote during National or Local Elections, until such a time that a register of voters in foreign countries becomes feasible.”
Hon Suwaibou Touray © GPN
Hon. Touma Njie (Banjul South): Urgency in Implementing Diaspora Voting
Hon. Fatoumatta Njie welcomed MSDG's presentations and urged Parliament's Human Rights Committee to prioritise constitutional reforms related to the Diaspora, which are currently being handled by the Foreign Affairs Committee.
Quoting Section 39 of The Gambia’s 1997 Constitution, which states that "every citizen of The Gambia aged 18 and above has the right to vote." She agreed with Hon. Touray and enthused, “Yes, you have the right to vote; now what needs to be factored in is the logistics, like he suggested, and giving us some advice on how to do it.”
“So, as a committee and the representatives of the people, that is one thing we must look at, and we will definitely be looking into those things. And he also mentioned that those are not entrenched clauses,” noted the Independent member
“As a committee, this Assembly has never brought up a committee bill, and I think that it will be good for the Human Rights Committee to come up with those changes pending a new constitution,” she noted.
“The sooner we start, the better because we have experience. When I presented my private members' bill, it was very close to elections, and that affected it. The members did not reject the bill, but it was negated due to lack of quorum and the lack of timing. So, learning from that, I think we should start as soon as possible to amend those three sections if they are not entrenched and also look into demarcation if they are also not entrenched.”
However, two years have passed, and it appears enough has not been done to ensure that eligible Diasporans are registered.
Hon Fatoumatta Njie © GPN
Hon. Alagie B. Ceesay (Sabach Sanjal): From Words to Action
Hon. Alagie B. Ceesay of Sabach Sanjal urged his fellow colleagues to get to work to ensure that the Diaspora votes in the next electoral cycle, which starts in just three years’ time (2026).
After hearing presentations from MSDG representatives, including Professor Gibril Faal and MSDG Fellow Yusef Taylor (Flex Dan), the Independent Representative, Hon. Ceesay, noted that their committee "is committed to leaving a legacy at the end of [their] term. To that effect, I want to say that it is going to be a very good legacy for us if we have all your points and your concerns noted and if it has an effect on our deliberations as the Sixth Legislature and as a committee."
He added that with "over 200,000 people, [the Diaspora] is more than even the capital city, Banjul, which has been demarcated into three constituencies. So, definitely, considering the amount of money that has been sent through remittances by our Diaspora brothers and sisters, I think it’s high time we also give you your share in the cake."
Hon Alagie Ceesay © GPN
During the 2023 Sixth Stake in the Nation Forum, it was noted that Gambians abroad contributed $712 million USD in remittances in 2022, amounting to over 60% of the country’s GDP. More recently, during the 8th Stake in the Nation Forum, the Central Bank announced that Diasporans sent $775.6 million USD in remittances in 2024. This amounts to 31.5% of the GDP.
"That is to say, you have been doing a lot, spending a lot in this country, but you have no say. You have no wording on how this country would be governed. You are stripped of all your rights, which we understand as a committee. And I believe my Honourable colleagues would like to join the Chairman and the MSDG to make sure that he who pays the piper dictates the tune," said the Hon. member for Sabach Sanjal.
"We would want to join you in this struggle to make sure that all these constitutional requirements will take place to ensure that you have your rights to vote. Though it is already established in the Constitution, it is not a [reality] to the Diaspora. To make it [a reality], all stakeholders need to come on board to make sure that we consider it happen."
Hon. Ceesay highlighted Sections 26, 39, and 50 of The Gambia’s 1997 Constitution, which provide citizens, the IEC, and relevant authorities with the legal framework to implement Diaspora voting.
In closing, he stated emphatically, “It is time for this Joint Committee to move beyond discussion and take action.”
The MSDG presentations urged Parliament to expedite the process of enabling Diaspora voting in the next electoral cycle and proposed the establishment of five Diaspora Constituencies.
MSDG Briefing Paper No 10 © MSDG
Since then, the Elections Bill has progressed in Parliament for the consideration stage, where Parliamentarians voted out clause 14, which enabled eligible Diaspora Gambians to register. Hon. Ceesay was one of the members who voted for the removal of clause 14, while Hon. Njie and Hon. Touray both voted for the clause to be maintained in the bill. In the end, 25 members voted against the clause, and only 14 voted in favour of removing the clause from the Election Bill.
MSDG Figures © Digitised by Askanwi
