NHRC Advisory Highlights Government’s Lackadaisical Approach on Diaspora Vote

NHRC Chair Daniel Joof © Askanwi

This is a summary of the Gambia National Human Rights Commission’s (NHRC) Advisory Note on sections where the Diaspora’s rights to vote are mentioned. Diaspora refers to Gambians living abroad. Download the full advisory note at the link.

Foreword by NHRC Vice Chair Commissioner Jainaba Johm

Over the years, there have been demands for electoral reform to update the current voting system, address non-involvement of civil servants, including members of the various security units, in the electoral process, introduce a presidential term limit, reinstate second-round voting, and enfranchise Gambian citizens abroad.

4.0 Adoption of the Paper Ballot

9. Aside from the financial implications, using tokens poses logistical challenges during the voting and counting process. As political parties and candidates increase in number, and as voting is expected to be extended to Gambians who live abroad, this method is both infeasible and unsustainable.

8.0 Exclusion of Citizens Abroad

21. Proponents of electoral reforms in The Gambia also base its necessity on the need to enable enfranchisement of Gambians abroad. As at now, Gambians abroad may only vote if within The Gambia, and registered with the IEC at least 6 months prior to the election. This system undoubtedly discourages rather than promotes enfranchisement.

22. Section 11 of the Election Act requires a register to be kept of Gambian citizens abroad, and Section 141 obliges the Independent Electoral Commission (IEC) to create rules to enable Gambians residing in a foreign country to vote in Presidential elections. The 2020 Draft Constitution also reiterates this sentiment in Section 79, which places a positive obligation on The National Assembly to ‘provide for progressive registration of citizens abroad and the progressive realization of their right to vote’.

23. Notwithstanding, a lackadaisical approach has been adopted in regards to giving effect to these provisions, and little progress has been made in recognizing the electoral rights of Gambians who live abroad. It is also pertinent to note that the operative word used in Section 79 of the 2020 Draft Constitution, namely ‘progressive’ suggests that these obligations are subject to resource availability and may be reasonably restricted. As such, it remains to be seen what initiatives will be taken by the National Assembly to bring the relevant provisions into force.

24. Proper mechanisms must be put in place to facilitate registration of Gambians who live abroad, and more effective electoral provisions created to allow them to exercise their democratic rights at par with citizens living in the country.

In South Africa citizens who have registered in advance may vote on condition that the electoral commission has been given prior notice. Similarly, citizens from Cameroon may submit out-of-country votes provided they reside in countries where Cameroon has a diplomatic mission.

13.0 Summary of Recommendations

V. Implementation of laws to facilitate voting of Gambians living abroad, who meet the qualifying voting criteria. Universal franchise of citizens is an inalienable right rather than a privilege.