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Momodou
Denmark
11656 Posts |
 Posted - 05 Mar 2025 : 12:47:44
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Deputies vote against Diaspora voting in Gambia elections
The Point: Mar 5, 2025
By: Jankey Ceesay
https://thepoint.gm/africa/gambia/headlines/deputies-vote-against-diaspora-voting-in-gambia-elections
Majority of lawmakers yesterday voted against allowing Gambians in the diaspora to vote in elections.
The voting came in the midst of controversial Clause 14 which states the Commission shall register a Gambian living outside The Gambia as a voter if he or she satisfies the requirements for registration prescribed under this Act.
After a heated debate, 14 members voted for the clause to be maintained while 25 voted against with zero abstinence as they debated over Clause 14 of the Election Bill 2021 for consideration.
The Attorney General and Minister of Justice Hon. Dawda A. Jallow also explained reasons Gambians living in the diaspora can’t participate in elections.
He stated that Section 39 of the 1997 Constitution is an entrenched clause and it states: “You should be registered in a National Assembly Constituency before you are considered an eligible voter.”
He clarified that the diaspora is not in a National Assembly Constituency.
“National Assembly constituencies are under Section 88 and 53 currently. Even if this clause is allowed to pass, IEC will not be able to implement it for the diaspora until they demarcate the diaspora into a constituency and that means Section 88 has to be amended to increase the number of National Assembly constituencies in order to be able to allow the diaspora to vote.”
“We should bear in mind that there is also a draft constitution in progress, it was believed that the draft constitution would have adequately covered some of these inadequacy that are contained here. So if you give them the authority now to register, the diaspora will still not be able to do it in light of Section 39.”
The Justice Minister made this explanation in the midst of Clause 14 of the Election Bill 2021 for consideration.
However, Hon Sulayman Saho, the Member for Central Badibu argues that “every citizen of the Gambia that has reach 18 years and has a sound mind shall have the right to vote for the purpose of election of a president and members of the National Assembly and shall be entitled to be registered as a voter in a National Assembly constituency.
“This does not interpret that the person must be a resident of a constituency. These people are bona fide citizens of the country that should be registered. We have been denying them their right to participate in elections. We must give them an opportunity to be registered,” he stressed.
Clause 14 also highlighted that the Commission shall in consultation with the Inter-Party Committee and Cabinet, prescribe detailed Rules for the registration and voting of Gambians living outside The Gambia to vote in Presidential elections, referenda or any other elections as determined by the Constitution or any other law.
The report of the Joint Committee on Local Government and Human Rights recommended that that Clause 14 stands part of the Bill with the some amendments such as:
“That the phrase “Inter-Party Committee and Cabinet” under Clause 14(2), be removed and replaced with the “National Assembly.”
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11656 Posts |
Posted - 05 Mar 2025 : 12:49:57
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The Man We Risked Everything For… Now Spits in Our Faces.
By Ndey Jobarteh
The man we went out on a limb for.
The man we risked it all for.
The man we were ready to go to war to ensure he was sworn in.
The man we trusted blindly, without knowing him, without hearing him say more than a few sentences.
The man whose only campaign message was pointing to his watch, gesturing "Wato Seeta."
We wrapped our hopes, dreams, and aspirations in good faith and handed them to him. We got the T-shirt. We sent the memo. "We decided." And that is the same man who has now thrown egg on our faces. He did it with the 2020 draft and now again with Diaspora Voting. This is the same man who once called us “Baa Fenyorr” as if we, the very people who fought for change, should sit down and be silent.
We remember clearly, back in 2016, the first thing they asked was, “What is the diaspora saying?” Now? "Ah Fatiyata!" . Watching Zelensky over the weekend, humiliated after being used and discarded, gave me déjà vu. That’s exactly the treatment we have received mercilessly and indiscriminately from No:1 Marina Parade.
But let me tell you this: No condition is permanent. The diaspora will vote, one fine day. And if he wants to limit his legacy to betrayal, so be it.
Nyoun warchor neng ak morn deh…………
#diasporavotesmatter
#DefendDemocracy
#WeWillNotBeSilenced
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Momodou
Denmark
11656 Posts |
Posted - 05 Mar 2025 : 12:53:22
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PUBLIC STATEMENT
EFSCRJ (Edward Francis Small Centre for Rights and Justice) Condemns the Decision to Deny Diaspora Voting as Unconstitutional
EFSCRJ learns with immense grief and disappointment that the National Assembly voted down the right to vote for Gambians who live outside the borders of the country. The right to vote is at the core of what constitutes citizenship in a republic. One-person-one-vote is a classic definition of independence and a republic that lies at the heart of citizen sovereignty.
This is why the Constitution states in Section 1(2) that the “sovereignty of the Gambia resides in the people of the Gambia”. This is unqualified for all citizens. This means, so long as a citizen has attained the age of voting, one has the right to vote whether one is resident at home or abroad. This is because it is our vote, which is our will and power that determines who should represent our people in how this country and its affairs and resources are to be governed and managed. Thus, the issue is not where one lives, but a question of how to make every Gambian vote as a demonstration of sovereignty, i.e., to have a say in the governance and development of this country.
Section 26 of the Constitution guarantees the right of Gambians to take part in the conduct of public affairs through their chosen representatives including to vote and stand for elections. The right to vote has been further entrenched in Section 39(1) of the Elections Act. In this Act, Section 11 mandates the IEC to register all Gambians including to “prepare, compile and maintain…, a register of voters for each constituency and a register of Gambian registered voters in foreign countries.” Furthermore, Section 141 of the Elections Act states, “The Commission may make rules for Gambians in any foreign country to vote in a presidential election.”
From the foregoing, it is abundantly clear that the intention, letter and spirit of both the 1997 Constitution and the Elections Act is for Gambians at home and abroad to register and to vote in the elections of the country. Therefore, EF Small Centre holds that the decision by the National Assembly to expunge Clause 14 out of the Elections Amendment Bill hence deny diaspora voting is unconstitutional and illegal. For that matter, their decision is totally null and void and has no effect.
We recall further that the Supreme Court had ruled in 2021 that Gambians abroad could register and vote in all national elections including referenda, presidential, National Assembly and Local Government elections. The matter was brought before the highest court jointly by former Vice President Bakary Bunja Dabo, Cherno M. Njie, Pa Samba Jow, Jeggan Grey-Johnson and Sidi Sanneh against the Independent Electoral Commission and the Attorney General.
We therefore find it utterly misleading and an outright attempt to deny Gambians abroad to vote by saying that the IEC has to first demarcate constituencies abroad. By Section 141of the Elections Act, the IEC is at liberty to put in place any mechanism it deems suitable to ensure that the Constitution and the Elections Act are upheld.
Demarcating constituencies abroad
is only one option, the absence of which cannot be a justification to deny Gambian citizens their constitutional right to register and vote. We therefore completely disagree and are hugely disappointed with the Attorney General and Minister of Justice Dawda A Jallow for making such a claim. We are of the view that he has misled the National Assembly by wrongly prioritizing the demarcation of constituencies abroad over a constitutional right to vote.
EF Small Centre expected that NAMs, as lawmakers for the Republic will always ensure that the laws of this country recognize, protect and promote the full rights of all Gambians. We are therefore hugely disappointed in those NAMs who voted against or abstained at the sitting of the Committee of the Whole House at the National Assembly on February 4 thereby denying Gambians who reside outside the country a say in the affairs of their own homeland. By their vote, they have wilfully violated Section 112 of the Constitution which stipulates that NAMS, “shall discharge their duties and functions in the interest of the nation as a whole and in doing so shall be influenced by the dictates of conscience and the national interest.”
EFSCRJ holds that the decision to remove the right of Gambians abroad to vote is unconstitutional, invalid and has no effect. Those who voted against or abstained in this decision must be identified and held accountable for violating the Constitution and the sovereignty of Gambians. The National Assembly nor the Government and indeed no one has the authority and power to abrogate the sovereignty of Gambians. Attempting to do so is a treason.
Considering this unfortunate vote, we call on the Government, political parties, CSOs and indeed all citizens to demand that the National Assembly immediately reverse this unconstitutional decision and ensure that the right to vote become materialized for all Gambians, at home and abroad, immediately. Furthermore, we hereby call on the electorates in the respective constituencies of these NAMs to ensure that they vote them out in the 2028 parliamentary elections. No person deserves to be in the National Assembly who seeks to deny fellow Gambians their sovereign rights.
EFSCRJ shall continue to vigorously hold the National Assembly accountable for their unconstitutional decision and ensure that those NAMs who voted against or abstained do not get re-elected in the 2028 legislative elections.
2025: The Year of Transparency and Accountability |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11656 Posts |
Posted - 05 Mar 2025 : 16:34:16
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National Assembly Members that voted for and Against the Diaspora Voting
Voted For
1. Madi MK Ceesay- Serekunda West
2. #8288;Sulayman Saho- Central Badibou
3. #8288;Lamin J Sanneh- Brikama South
4. #8288;Lamin Ceesay- Kiang West
5. #8288;Suwaibou Touray- Wuli East
6. #8288;Assan Touray- Bakau
7. #8288;Fatoumatta Njai- Banjul South
8. #8288;Omar Jammeh- Janjanbureh
9. #8288;Yaya Gassama- Kiang East
10. #8288;Fatou Cham- Sannehmentering
11. #8288;Abdoulie Njie- Banjul Central
12. #8288;Yaya Sanyang- Latrikunda
13. #8288;Kebba K Barrow- Kombo South
14. #8288; Sulayman Jammeh- Bundung
Hon Musa Badjie of Tallinding went to the restroom before he came back the voting ended so he didn’t vote. But during the debate he expressed support for the bill
Voted Against
1. Seedy SK Njie- Nominated
2. #8288;Abdoulie Ceesay- Old Yundum
3. #8288;Kebba Toumanding Sanneh- Foni Jarrol
4. #8288;Almameh Gibba- Foni Kansala
5. #8288;Sankung Dampha- Illiassa
6. #8288;Alieu Baldeh- Jarra East
7. #8288;Abdou Sowe- Kombo East
8. #8288;Samba Jallow- Niamina Dankunku
9. #8288;Kebba Jallow- Jarra Central
10. #8288;Pa Dembo Sanneh- Foni Bondali
11. #8288;Essa Conteh- Jimara
12. #8288;Tamsir Cham- Lower Niumi
13. #8288;Sainey Jawara- Lower Saloum
14. #8288;Kebba Lang Fofana- Nominated
15. #8288;Yunus N Bah- Kiang Central
16. #8288;Fatou K Jawara- Nominated
17. #8288;Gibbi Mballow- Lower Fulladu West
18. #8288;Haruna Barry- Jarra East
19. #8288;Saikou Bah- Basse
20. #8288;Amie Colley- Foni Brefet
21. #8288;Birom J S Sowe- Niamina West
22. #8288;Salifu Jawo- Jokadu
23. #8288;Alhagie Babou Ceesay- Sabach
24. #8288;Nfally M Kora- Tumana
25. #8288;Dawda Jeng- Niamina East
Other National Assembly Members were out of town on Assembly mission.
Compiled by KERR FATOU |
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Momodou
Denmark
11656 Posts |
Posted - 06 Mar 2025 : 05:13:01
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National Assembly Members Who Were Absent
1 Alhagie S. Darboe -ECOWAS Parliament
2 Maimuna Ceesay- ECOWAS Parliament Meeting
3 Billay G. Tunkara- ECOWAS Parliament Meeting
4 Amadou Camara- ECOWAS Parliament Meeting
5 Sheriff Sarr- ECOWAS Parliament Meeting
6 Momodou Lamin Bah- Official Trip
7 Muhamed Kanteh Hospital with Child
8 Kemo Gassama- Admitted at Hospital
9 Bakary K. Badjie- Was There But Left Before Voting
10 Omar Darboe- Official Trip
11 Musa Cham- Official Trip
Compiled by Kerr Fatou |
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Deputies vote against Diaspora voting in Gambia
