On Jul 4, 2011 2:14 PM, "Haruna Darbo" <[log in to unmask]> wrote:
>
> Courtesy: Freedomnewspaper.
>
> Gambia: UDP Diasporan Supporters Want To Vote In 2011 Eelections!
>
> UDP Diasporan Supporters Want To Vote In 2011 Eelections!
> TO:
> The Chairman
> Independent Electoral Commission
> Election House
> 7 Kairaba Avenue, Latrikunda.
> P.O.Box 793
> Banjul
> 22nd June 2011
> Mr. Chairman,
> We Have a Right to Vote in the November 24th Presidential Election.
> I am writing on behalf of UDP United Kingdom and UDP USA which are overseas chapters of the main opposition United Democratic Party (UDP), based in the United Kingdom (UK) and the United States of America (USA) respectively.
> UDP United Kingdom and UDP USA would like to express a profound concern about the continuing unlawful exclusion of Gambian citizens living outside our borders from the electoral process of our beloved nation, The Gambia. We consider this to be a flagrant violation of our right and indeed that of hundreds of thousands of other Gambians living overseas, to fully participate in the political process of their country as guaranteed by the supreme law of our land, the Constitution, and also the Election Decree of 1996 (as amended).
> Section 26(b) of the Constitution provides for and guarantees the rights of every Gambian of full age and capacity to fully participate in the electoral process of our country. It states;
> ‘‘Every citizen of The Gambia of full age and capacity shall have the right, without unreasonable restriction, to vote and stand for elections at genuine periodic election for public office, which election shall be by universal and equal suffrage and be held by secret ballot.’’
> Section 39(1) further provides for and guarantees the right to vote in public elections by every Gambian of full age and capacity. This is what Section 39(1) states;
> ‘‘Every citizen of The Gambia being eighteen years or older and 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 for that purpose.’’
> It is therefore clear and without doubt that our right to vote in Gambian public elections is inalienable, self-evident and well established by law.
> Suffice it to say, the Independent Electoral Commission (IEC) is placed under a legal duty, by virtue of Section 43(1) (a) provision of the Constitution, to conduct and supervise the registration of eligible Gambian voters for the purpose of voting in public elections. This is what Section 43(1) (a) states;
> ‘‘Subject to the provision of this constitution the Independent Electoral Commission shall be responsible for the conduct and supervision of the registration of voters for all public elections and the conduct and supervision of all public election and referenda.’’
> In particular, Section 11(1) of the Election Decree of 1996 (as amended) specifically provides for the Independent Electoral Commission (IEC) to prepare, compile and maintain a voter register of Gambians living overseas. Thus, the rights of Gambians living overseas to be registered in their places of residence or abode and for the purpose of voting in Gambian public elections is also self-evident and well established by law. This is what Section 11(1) states;
> ‘‘The Commission shall prepare, compile and maintain in accordance with this part, a register of voters for each constituency and a register of Gambian registered voters in foreign countries.’’
> We therefore demand that the IEC respect these fundamental rights of ours and indeed those of many other unduly disenfranchised Gambians, and commence the fulfilment of its legal obligations towards overseas based Gambians by conducting a voter registration exercise outside The Gambia before the November 24th Presidential Election, particularly in those foreign countries where there are large concentrations of Gambians.
> Under Section 33(3) of the constitution, the IEC or indeed any person acting on its behalf is legally forbidden to act in a manner that is discriminatory to any eligible person. Thus, failure to heed to our demand will not only tantamount to a gross dereliction of duty on the part of the Commission as well as a flagrant violation of the fundamental rights of hundreds of thousands of bona fide Gambian citizens, not subjects, to participate in the political process of their country, it will also amount to plain illegality as it would be discriminatory against Gambians living overseas, who are contributing immensely in the economic advancement of our country through remittance and other forms of investment, vis-à-vis electorates living in The Gambia who will be voting not just in one but three elections (Presidential, Parliamentary and Local Government Elections) by 2013. This is what Section 33(3) states;
> ‘‘Subject to the provisions of subsection 5, no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.’’
> We have also taken notice of the reason, i.e. lack of funds, you advanced in your letter of 12th May 2011 in response to a similar demand by a Gambian U.S based organisation. We dismiss this as being of bad faith and totally lacking merit.
> Funding for the IEC is clearly spelled-out in the Constitution. By virtue of Section 44, it is the responsibility of the Commission to present annual estimates of expenditure to the President who has no power to reject or amend such estimates, for presentation to the National Assembly, something the President is constitutionally obliged to do once an estimate is presented to him. This is what Section 44 states;
> ‘‘The Independent Electoral Commission shall submit its annual estimate of expenditure to the President for presentation to the National Assembly in accordance with this Constitution. The President shall cause the estimate to be placed before the National Assembly without amendment, but may attach to them his or her own comments and observation.’’
> Our investigation has found that you have not presented any estimate to the President for presentation to the National Assembly that has an overseas voter registration component as no such estimate was presented to the National Assembly for scrutiny and approval. Therefore, you cannot use lack of funds as an excuse for the commission’s failure to execute its legal responsibilities.
> Suffice it to say, state funding is not the only lawful funding option available to the IEC. By virtue of Section 10 (1) (b) of the Election Decree (as amended), the Commission has a right to solicit funds from organisations including international donor agencies and foreign governments to finance its legitimate activities such as the registration of Gambians living overseas, provided such funds do not emanate from political parties. This is what Section 10 (1) (b) states;
> ‘‘The funds of the Commission shall consist of 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.’’
> Again, you have made no effort to solicit funds from our development partners including international donor agencies like the UNDP, The Commonwealth and the European Union (EU), and also friendly countries like Great Britain, Canada and the United States which have all supported our democracy in the past and continues to contribute immensely in the socio-economic and educational advancements of our great people and nation, to finance any voter registration exercise outside The Gambia. This also discredits your claim of lack of funds as a reason for the Commission’s failure to carry out its legal responsibilities. The issue, therefore, is not one of lack of funds but rather a pure neglect or lack of will on your part and that of the Independent Electoral Commission (IEC) to fulfil your legal obligations towards Gambians living abroad.
> On the 12th August 2010, you gave an interview to The Point Newspaper in which you called on the opposition to come in and support the IEC to mobilise funds, a call the United Democratic Party (UDP) did not reject even though it was made in the most unorthodox fashion. However, given that the Commission has already secured funding (Sixty-five Million Dalasi) from the government for the 2011-2013 Election Cycle, the only issue left for the opposition and other concerned Gambian groups to come in and support the Commission as far as resource mobilisation is concern, is the issue of overseas voter registration. That being the case, we hereby request that an estimate of expenditure in this respect be sent to us as soon as possible and not later than 20th July 2011 for our study and joint presentation with the IEC and other concerned Gambian groups including political parties, to our international development partners, donor agencies as well as international civic organisations for lobbying and possible approval.
> With your full cooperation, we are confident that we can work together and explore lawful avenues to secure funding for this very important component of our democratisation process.
> We look forward to hearing from you.
> Yours sincerely,
> SS Daffeh
> For the Joint Committee
> UDP United Kingdom & UDP USA
> Email: - [log in to unmask] (for UDP United Kingdom)
> - [log in to unmask] (for UDP USA)
> Cc;
> Hon. William Hague (MP), British Foreign Secretary
> Ms. Hilary Clinton, U.S Secretary of State
> Mr. Kamalesh Sharma, Secretary-General of the Commonwealth
> Baroness Catherine Ashton, EU High Representative on Foreign Affairs and Security Policy
> Mr. Banki Moon, Secretary- General of the United Nations
> Mr. Jean Ping, Chairman of the African Union Commission
> UNDP Country Representative in The Gambia
> EU Resident Representative in The Gambia
> The United States Ambassador to The Gambia
> The British High Commissioner in The Gambia
> Nigerian High Commissioner in The Gambia
> Sierra Leonean High Commissioner in The Gambia
> Senegalese Ambassador to The Gambia
> French Ambassador to The Gambia
> German Consulate in The Gambia
> Swedish Consulate in The Gambia
> Norwegian Consulate in The Gambia
> Netherlands Consulate in The Gambia
> Hon. Fabakary Tombong Jatta, Majority Leader of the National Assembly of the Republic of The Gambia.
> Hon. Alhagi Momodou Sanneh, Minority Leader of the National Assembly of the Republic of The Gambia
> Mr. Ousainu Darboe, Leader of the United Democratic Party (UDP)
> Mr. Hamat Bah, Leader of the National Reconciliation Party (NRP)
> Mr. Halifa Sallah, Secretary –General of the Peoples Organisation for Independence and Socialism (PDOIS)
> Mr. Omar Jallow, Interim Leader of the Peoples’ Progressive Party (PPP)
> Mr. Mai Fatty, Leader of the Gambia Moral Party (GMC)
> Mr. Hendry Gomez, Leader of the Gambia Peoples’ Democratic Party (GPDP)
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