Bridging the Gap: Diaspora Voting Rights and the Urgency of Constitutional Reform in The Gambia. Political Will Lacking for Diaspora Voting Rights, Yet Demonstrated in 2017 for the Upper Age Limit Amendment Favoring Darboe and Tambajang-Jallow.
Alagi Yorro Jallow
Part 1
Fatoumatta: The right to vote is a cornerstone of democracy, a fundamental expression of citizenship that should be accessible to all, including Gambians in the diaspora. In 2021, The Gambia Supreme Court delivered a landmark ruling affirming the voting rights of diaspora Gambians and directed the government and the Independent Electoral Commission (IEC) to take immediate steps to register them. This decision was a victory for inclusivity and democracy, yet it remains unfulfilled. Since the ruling, no meaningful action has been taken to address the constitutional hurdles or implement the necessary changes to ensure diaspora voting rights. This inaction is a glaring oversight that undermines the principles of justice and equality.
The lack of urgency in addressing diaspora voting rights is particularly troubling when contrasted with the swift constitutional amendment in 2017 to remove the upper age limit for public office holders. That amendment, enacted to accommodate key political figures like Vice President Fatoumatta Tambajang Jallow and Ousainou Darboe, was prioritized and executed with remarkable speed. This disparity raises critical questions about the government’s commitment to democratic principles. Why was the upper age limit amendment expedited, while the Supreme Court’s directive on diaspora voting rights has been ignored?
Yesterday, the rejection of the Diaspora Voting Rights Bill under the pretext of constitutional constraints further highlights this inconsistency. The government argues that the diaspora is not officially recognized as a constituency under Gambian law, yet this justification rings hollow when compared to the proactive measures taken for other political interests. The selective urgency in addressing constitutional matters reflects a troubling pattern of prioritizing political convenience over inclusivity and fairness.
The diaspora community is an integral part of The Gambia’s socio-economic fabric, contributing significantly through remittances and investments. Their exclusion from the electoral process is not just a legal failure but a moral one. Respecting the Supreme Court’s ruling and addressing the constitutional obstacles to pass the Election Bill for diaspora voting rights should have been a priority since 2021. The government and IEC must demonstrate the same resolve and urgency they showed in amending the upper age limit. Anything less is a disservice to the principles of democracy and a betrayal of the trust placed in them by the Gambian people.
The Supreme Court ruling from 2021 should have been a turning point. Respecting that decision and addressing the constitutional hurdles to pass the Election Bill for diaspora voting rights would have demonstrated a genuine commitment to inclusivity and democracy. The delay not only undermines the court’s authority but also disenfranchises a vital segment of Gambians who contribute significantly to the nation.
It’s frustrating to see how swiftly some constitutional amendments, like the upper age limit, were prioritized while diaspora voting rights remain in limbo. This selective urgency speaks volumes about political priorities. Bridging this gap requires not just legal action but also political will and public pressure to ensure that all Gambians, regardless of location, have a voice in shaping the country’s future.
Fatoumatta: The time for action is now. The government must rise above political expediency and honor its commitment to inclusivity and equality. Ensuring diaspora voting rights is not just about fulfilling a legal obligation—it is about strengthening the democratic foundation of The Gambia and giving every citizen, regardless of location, a voice in shaping the nation’s future.
