Majority Leader and member for Kantora, Billy J. Tunkara, proposed a motion to amend clause 23(3) to support clause 24 concerning Gambians living abroad or in foreign countries to be registered.
"The issue stems from the removal of Clause 14, which addressed the registration of Gambians abroad. This contradicts our decision, as Clause 23(3) requires the Commission to publish the voter list for 10 days in the relevant administrative area and foreign countries for Gambians in the diaspora so diaspora should be removed," he stated.
He proposed for the National Assembly to look at clauses 23 sub (3) which reads: The Commission shall cause the list of voters for each constituency to be published for at least 10 days in the administrative area in which the constituency is situated and in foreign countries for Gambians in the diaspora.”
He argued that considering the fact that clause 14 has been removed for constituency and in foreign countries, for Gambians in the diaspora is redundant. So it should stop at the constituency and omit the Diaspora from it.
However, the Deputy Speaker, who sat as the committee chair, urged the support of the Attorney General for clarity.
The minister for Justice Dawda Jallow explained that the inclusion of provisions for Gambians in the Diaspora is redundant in the bill. Specifically, Clause 14 addresses the registration of Gambians living abroad.
“So, in foreign countries, Gambians in the diaspora are being redundant in the bill. So, Clause 14 is the registration of Gambians living abroad. If that is removed from the bill, of course, it renders this extra provision because this is meant after registration is done; the display of the voter list. So, if you are not allowing registration of voters abroad, of course, the extra provision,” he outlined.
The controversial Clause 14, which restricted overseas voters was dropped after opposition MPs and advocacy groups argued it unfairly limited voting rights. Now, a coalition of legislators aims to simplify registration rules, citing that bureaucratic hurdles hinder many Gambians abroad from voting. Thus, Members dismissed the justice minister’s claim, insisting the decision could be rescinded.
Shirreff Sarr, Member for Jeswang, warned that removing registration safeguards could lead to electoral fraud and administrative challenges. “We must ensure the integrity of our elections while being inclusive and members should be very careful with the decisions we make,” he argued.
Similarly, the Member for Kiang, Sami, Banjul North, and others argued that there is no reason to remove the clause when they have no issues with what has been expunged.
Members of Foni Kansala and Upper Fulladu requested the minister to clarify sections 88 and 39 of The Gambia’s Election Act, pertaining to constituencies and voter registration rights.
In response, Minister Jallow highlighted that Section 26 of the 1997 Constitution guarantees political rights, including voting, and Section 39 operationalises this by stating that every Gambian over 18 has the right to register and vote in their National Assembly constituency.
He noted that Gambia has 53 constituencies, and Gambian Diasporas can register either in their home constituencies or in designated National Assembly constituencies.
He emphasised that Section 39-1 is entrenched and not easily amended, while Section 88 can change with constitutional amendments.
Hon. Swaibou Touray said that the IEC has proposed using paper ballots for Diaspora voting while the election continues with tokens for easier access.
