Advocates Urge NAMs to Restore Law to Register Diaspora Ahead of 2026 Presidential Election

Marr Nyang of Gambia Participates © Askanwi

By Edward Francis Dalliah

Just weeks after Parliamentarians from the majority voted out Clause 14 of the Election Bill 2021 aiming to register and grant Gambians living abroad the right to vote in elections, a coalition of civil society organisations called on lawmakers to reconsider their decision in a joint statement.

Speaking on 19th March 2025, Gambia Participates Executive Director Mr. Marr Nyang urged Parliamentarians to “re-introduce and restore Clause 14 into the Elections Bill under consideration.” The statement emphasised that this could be achieved “using the procedure provided in the Standing Orders of the National Assembly.”

The press conference featured civil organisations from the Elections Watch Committee (EWC), which comprises a group of civil society organisations, the Edward Francis Small Centre for Rights and Justice, Gambia Participates and civil society leaders such as the former President of the Gambia Bar Association and the former President of the Gambia Press Union.

During the question-and-answer session, Mr Nyang responded to our journalist’s question to explain that Standing Order 74 could be used to reconsider the deletion of Clause 14 from the Elections Bill.

Standing Orders are a set of rules that guide parliamentary proceedings and ensure the smooth functioning of the legislative process. Specifically, Standing Orders 72 and 73 outline the procedures to be followed when considering a Bill and 74 highlights the reconsidering clauses or a Bill that has been voted down by the majority.

Standing Order 74(1) focuses on the reconsideration process, which notes that “if any Member desires to leave out or amend provision contained in a bill following consideration stage, or to introduce any new provision therein, he or she may, at any time before the person in charge of the bill rises to move the third reading of the bill, move that the bill be reconsidered either wholly or in respect only of some particular part or parts of the bill or some proposed new clause or new schedule.”

While answering our reporter’s question, Marr Nyang referred to a previous instance where this procedure was used. He explained that when a progressive clause in the Anti-Corruption Bill was deleted, the Minority Leader moved a motion to reintroduce the clause, which was eventually adopted by Parliament.

CSO Leaders at Presser - Diaspora Sal Taal in Blue Suit © Askanwi

The Election Bill 2021 aims to “regulate the registration of voters, political parties, and their activities, and the conduct of elections and referenda in The Gambia, and for connected matters.” Clause 14 of the Bill specifically addresses the registration of Gambians abroad, which was part of the promises made by the current government.

However, the clause was rejected after Justice Minister Hon. Dawda Jallow, the Bill’s drafter, advised that the Independent Electoral Commission would not be able to implement Clause 14 without demarcating the Diaspora into constituencies. The Justice Minister had previously engaged with the Diaspora in a series of consultations that recommended five constituencies to be established for the Diaspora, featuring one each in Africa, South and Eastern Europe, North and Western Europe, the Americas and the Caribbean and Middle East, Asia and Oceania.

In one such engagement, our reporter asked the Justice Minister to guarantee that the Diaspora would be able to vote in the 2026 elections. While he initially committed to this, on 3rd March 2025, he withdrew his support, disappointing many Gambians at home and abroad.

In December 2023, the National Assembly’s Joint Committee on Regional Government and Lands, the Ombudsman, the IEC, and Human Rights and Constitutional Matters, after consulting relevant stakeholders, proposed that Clause 14 remain part of the Bill, with one amendment, replacing the phrase “Inter-Party Committee and Cabinet” in Clause 14(2) with “National Assembly.” Despite this recommendation, the clause was ultimately removed during the consideration stage, following the Justice Minister’s advice.

Now, with the possibility of restoring Clause 14 still open, the question remains: will parliamentarians revise their decision when the National Assembly reconvenes to continue the consideration process on Tuesday, 25th March 2025?