12 June, 2000.
Chairman,
Independent Electoral Commission,
Kairaba Avenue,
Latrikunda.
ON THE RIGHTS OF GAMBIANS IN FOREIGN COUNTRIES TO VOTE IN PRESIDENTIAL
ELECTION
It is incontrovertible that each Gambian is a part owner of The Gambia. Each
of us has equal right in determining her destiny. This is precisely the
reason why each of us is entitled to a vote at a particular time during our
life span.
The dates for holding elections have been announced. Much interest in the
electoral system has been generated. Your Commission, which is responsible
for exercising direction and control over the electoral system, is now given
much focus. It is, therefore, absolutely necessary for all Gambians to know
the extent and limits of its powers to supervise the electoral system.
Section 43, subsection (3) of the Constitution states categorically that:
"In the exercise of its functions under this Constitution or any other law,
the Commission shall not be subject to the direction or control of any other
person or authority."
Acknowledging this fact should bar any politician from uttering any opinion
regarding the competence or otherwise of the Commission to exercise its
mandate, save what is prescribed by law, without due consultation with the
Commission. The Commission is the only competent authority which should make
pronouncement on what it is capable or not capable of doing as mandated by
law.
What was rather surprising is the opinion expressed from the audience during
my recent address to a gathering held in Howard University in Washington DC
to commemorate Africa Liberation Day that a presidential delegation had made
pronouncement that government did not have the resources to facilitate the
participation of Gambians abroad as voters in presidential elections.
This is rather incomprehensible since the executive has no authority to
delve into such matters. The need to have an Independent Electoral
Commission is what led the framers of the Constitution to give the
Commission an independent budgeting arrangement. This is categorically
stated in section 44 of the Constitution which asserts:
"The Independent Electoral Commission shall submit its annual estimates of
expenditure to the President for presentation to the National Assembly in
accordance with this Constitution. The President shall cause the estimates
to be placed before the National Assembly without amendment, but may attach
to them his or her own comments and observations."
In short, the priorities of the Independent Electoral Commission cannot be
determined by the executive. They fall entirely under the purview of the
Commission. In fact, section 10 of the Elections Decree empowers the
Commission not only to acquire monies from national coffers, but could
resort to other sources. Section 10, subsection (1) asserts that
"The funds of the Commission shall consist of:
"(a) monies appropriated to it by the National Assembly
"(b) such grants, donations and fees as may be made or paid to it, provided
that the Commission shall not accept or receive any grant or donation made
or paid by a political party."
To ensure accountability, Section 10, subsections (2) and (3) make the
following requirements:
"The Commission shall keep
"(a) its funds in such bank as it may determine; and
"(b) proper accounts which shall be audited annually by the Auditor General
or such other auditing firm as the Commission may appoint.
"(3) The Chairman of the Commission shall, within three months after the end
of the financial year, submit to the National Assembly the audited statement
of accounts of the Commission."
The financial mechanism exists for the Commission to set its priorities and
mobilise the funds necessary to implement its plans of action.
Citizenship is a right and not a privilege. The sovereignty of the country
is vested in each Gambian citizen. This is why the person of each Gambian
citizen is a depository of the sovereignty of the country. Section 1,
subsection (2) of the Constitution asserts this fact in the following words:
"The Sovereignty of The Gambia resides in the people of The Gambia from whom
all organs of government derive their authority and in whose name and for
whose welfare and prosperity the powers of government are to be exercised in
accordance with this Constitution."
The right of each to participate in determining the destiny of their country
is further buttressed by Section 26 of the Constitution which asserts:
"Every citizen of The Gambia of full age and capacity shall have the right,
without unreasonable restriction-
"(a) to take part in the conduct of public affairs, directly or through
freely chosen representatives;
"(b) to vote and stand for elections at genuine periodic elections for
public office, which elections shall be by universal and equal suffrage and
be held by secret ballot;
"(c) to have access, on general terms of equality, to public service in The
Gambia."
This is precisely the reason why Gambians abroad have the right to
participate in elections at home. Section 141 of the Elections Decree
empowers the Commission to explore all avenues to ensure that such a right
is not barred. It reads:
"The Independent Electoral commission may make rules for Gambians in any
foreign country to vote in a Presidential election."
The Independent Electoral Commission, therefore, has power to conduct
Presidential election in a foreign country just as is happening with other
countries like Senegal, to name a few. It is the desire of the Gambian
people abroad to exercise their birth rights. The Independent Electoral
Commission would, in deed, address the aspirations of such Gambians if it
takes the initiative to enter into a dialogue with them so as to explain its
mandate.
By a copy of this letter, we hope the Office of the President would issue a
press release to indicate that it has no role in determining whether
Gambians abroad would exercise their right to vote or not; that this mandate
falls entirely within the jurisdiction of the Independent Electoral
Commission.
We equally hope that the Commission will launch its own civic education
programme so that Gambians at home and abroad will fully understand the
mandate of the Commission and thus save the people from being misled.
While anticipating a favourable response, please accept the assurance of our
highest consideration.
....................................
Halifa Sallah
For: The Central Committee.
cc: Secretary General, Office of the President.
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