By Mustapha K. Darboe
Claim: Clause 13 affirms Diaspora voting, despite removing Clause 14
Source: Kebba Lang Fofana, Nominated National Assembly Member
Verdict: MISLEADING
Gambians head to polls to elect a new president in under 2 years and preparations for the election cycle has begun with an attempt to pass a new election law. On March 4, the lawmakers who are still considering the bill at a committee stage, removed a provision (Clause 14) which not only affirms the rights of the Gambian diaspora to be registered but for the Independent Electoral Commission (IEC) to make sure of it.
The Gambian diaspora is a huge constituency, an estimated 200, 000 strong, with a strong financial muscle contributing at least 31% of Gambia’s GDP. The opposition, who largely voted to keep Clause 14 in the bill, blamed the ruling National Peoples’ Party — whose members in the parliament voted for its removal — for an attempt to deny diaspora the right to vote.
The claim
A nominated lawmaker, Kebba Lang Fofana who voted for the removal of Clause 14, said during an adjournment debate that they have, in fact, supported the diaspora voting by voting for Clause 13. This, he said, will ensure Diaspora voting despite removal of Clause 14.
“…We never said no to diaspora voting; in fact, we voted for diaspora voting. We passed clause 13, which embodies the right to vote. Clause 14 is about the registration process, and what we intend to do is to make sure that diaspora is first demarcated into constituencies. So that after voting, they can be represented,” claimed Fofana.
Fact–check
Sections 13 and 14 of the election bill speak to distinct issues. While section 13 outlines those qualified to vote in an election, a list that includes Gambians in the diaspora, section 14 went further to affirm that right. Section 14 mandates the Independent Electoral Commission to register people in the Diaspora and ensure they vote.
The Supreme Court of the Gambia has already affirmed the right of the Gambians enshrined in Section 13 of the election bill. The apex court upheld that the diaspora is qualified to vote, a ruling accepted by the IEC though the Commission claimed it does not have the resources. However, Section 14 is a first in that it makes it mandatory for the IEC to register the diaspora.
Meanwhile, the Justice Minister has also confirmed to the lawmakers that the diaspora does not need a new constituency to vote. They could be registered under their native constituencies. During their sessions on March 25, a number of lawmakers made efforts to reintroduce the deleted section 14 but this was rejected. The majority leader Billay Tunkara moved a motion for the parliament to remove all clauses referring to Gambians living abroad or in foreign countries to align the bill with the deleted clause 14.
Verdict: The claim by Kebba Kang Fofana is MISLEADING. Section 14 is the most consequential clause with respect of Diaspora voting rights in the Election Bill.
