
06/03/2025
NHRC Raises Concern Over National Assembly Vote Blocking Diaspora Voting Rights
The National Human Rights Commission (NHRC) has expressed concern over the National Assembly’s recent vote on the Elections Bill 2021, which effectively prevents Gambians in the diaspora from participating in elections. In a statement, the NHRC noted that the vote, held on Tuesday, March 4, 2025, rejected Clause 14 of the bill, reversing previous commitments by the Independent Electoral Commission (IEC) and the government to facilitate diaspora voting ahead of the 2026 Presidential Elections.
“The right of Gambian diasporans to participate in elections and public affairs has been a subject of national discussion since 2017,” the NHRC stated. “Both the IEC and the Government of The Gambia have on numerous occasions assured the public that measures would be taken to facilitate diaspora voting. However, the recent vote at the National Assembly has effectively disenfranchised a significant segment of Gambian society who continue to make invaluable contributions to the country’s socio-economic development, with remittance inflows representing approximately 31.5% of Gross Domestic Product (GDP) in 2024.”
The NHRC reaffirmed its long-standing advocacy for diaspora voting rights, citing its engagement with the National Assembly Joint Committee on Regional Government, Lands, IEC, Ombudsman, and Human Rights and Constitutional Matters in May 2021. “During discussions on the then Elections Bill 2020, the NHRC strongly and unequivocally advocated for the granting of the right to vote to Gambians in the diaspora,” the commission stated.
The NHRC also referenced a Supreme Court ruling on January 27, 2021, which upheld the political rights of five Gambians who had challenged their exclusion from the electoral process. “The Supreme Court reaffirmed that the systematic and continued disenfranchisement of Gambians living abroad is illegal and violates their fundamental rights,” the NHRC recalled. “The Court explicitly affirmed that, pursuant to Section 39 of the Constitution, every Gambian, including those residing outside the country, is entitled to be registered and to vote in elections at all levels.”
Addressing concerns raised during the National Assembly debate, the NHRC noted that while the Minister of Justice highlighted constitutional and logistical challenges, the government and IEC had ample time to address these issues. “Many Gambians strongly believe that the IEC and the Government have had sufficient time to find solutions,” the commission stated. “Several countries in the sub-region, including Senegal, Cabo Verde, Côte d’Ivoire, and Niger, have successfully enfranchised their diasporan communities.”
The NHRC called on the government and the IEC to take immediate action to uphold the rights of Gambians abroad. “As a fundamental democratic right, every eligible citizen, irrespective of their geographical location, should have the right and the opportunity to vote and be voted for,” the commission stated. “This right is recognized in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which The Gambia is a State Party.”