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New York rights group writes to Gambia’s electoral chief
Tuesday, 31 May 2011 02:50
Dear Chairman CarayolThank you for your letter of response dated May 12, 2011. The Gambian Movement for Democracy and Development (GMDD) acknowledged receipt of your letter in response to our letter dated May 8, 2011 in which we expressed our desire to exercise our civic responsibilities to register and vote in the forth coming presidential election scheduled for November 24, 2011. Once again, we hereby remind you to the International Obligations below:
International Obligations and Rights of Gambia’s Diaspora to Register & Vote
Obligation: All citizens have the right to vote.
(RATIFIED) UN, International Covenant on Civil and Political Rights,art. 2 "1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted."
(RATIFIED) UN, International Covenant on Civil and Political Rights, art. 25(b) "Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors."
(RATIFIED) AU, African Charter on Human and Peoples' Rights, art. 13(1) "Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law."
(SIGNED) UN, Universal Declaration of Human Rights, art. 21(1) "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives."
(SIGNED) AU, African Charter on Democracy, Elections and Governance, art. 3(7) “State Parties shall implement this Charter in accordance with the following principles: 7. Effective participation of citizens in democratic and development processes and in governance of public affairs.”
(PERSUASIVE) AU, NEPAD Declaration on Democracy, Political, Economic and Corporate Governance, para. 13 "In support of democracy and the democratic process We will: promote political representation, thus providing for all citizens to participate in the political process in a free and fair political environment."
(PERSUASIVE) UN, United Nations Human Rights Committee, General Comment 25 on “The Right to Participate in Public Affairs, Voting Rights and the Right to Equal Access to Public Service”, para. 10. "The right to vote at elections must be established by law and may be subject only to reasonable restrictions, such as setting a minimum age limit for the right to vote."
Mr. Chairman, in your response you clearly stated that “the IEC would under normal circumstances be obliged to extend its activities in the Gambia Diaspora, but due to lack of funds, the Commission will not be able to do so this time, but that will in future be considered.”
Mr. Chairman, the Independent Electoral Commission (IEC), is the body charged with the responsibility of managing the electoral process; by putting in place the procedures necessary to achieve a successful electoral outcome. With the elections only six months away, Gambians and the international community question whether the IEC has the institutional capacity to perform its responsibilities fairly. Sir, it is the IEC responsibility among other things to;
- look for funding for your activities
- invite election observers
- ensure the press is free to operate in monitoring the process.
The Gambian Movement for Democracy and Development (GMDD), like other Gambian voices of democracy, strongly believes that a successful election in November 2011 is extremely important as it will solidify the foundation of Gambia democracy. The GMDD believes that one way of guaranteeing an electoral success is by strengthening the Voters Registration by ensuring that everyone eligible to vote is not disfranchised, and includes citizens living outside the country as well as all the youth who will turn 18 years this November.
Mr. Chairman, finally we would like to inform you that after receiving your letter, we made some consultations with other sister Gambian organizations, concerned Gambians and democratic institutions who expressed their willingness to work with the IEC in meeting the cost of registering qualified overseas Gambians in countries such as Senegal, UK, USA, Sweden and Ghana among others. We, therefore, kindly suggest that your office send us a cost estimates for registering Gambians living abroad.
We look forward to your cooperation on the issue of extending voter registration to the diaspora, and look forward to receiving your estimates. Thank you.
Note: The Gambian Movement for Democracy and Development (MDD) is Nonpartisan Movement working to support the restoration of genuine Democracy and respect for human rights in The Gambia.
Gambian Movement for Democracy and Development
2153 valentine Ave,
P.O.Box 500, Bronx, NY 10453
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Phone: 347.444.6056 Fax: 347.271.9117
May 27, 2011
Signed:
Saihou Mballow
For: Executive Committee (GMDD)
Cc: Bureau of Democracy, Human Rights, and Labor- State Department
Cc: American Embassy, The Gambia
Cc: UNDP, IFES, Amnesty International
Cc: Foreign and Commonwealth Office, London
Cc: African Union, Addis Ababa
Cc: Carter Center, Atlanta, GA
Cc: NDI, Freedom now, World Movement for Democracy
Cc: Gambian newspapers
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Comments
Few months ago, I watched our VP Isatou Njie-Saidy in Sierra Leone (during a Sierra Leonean Independence) telling Gambians to come home and vote. This was around the same time we had other foreign nationals in our own country linning up in football stadiums to vote in their respective countries' elections.
I said to myself, how does this woman go to sleep at night knowing that her job everyday is to lie to Gambians where ever she can find them.
Thus,your offer to the IEC to send you an estimate of the cost of registering Gambians abroad,with a view to contributing to it,is indeed a test of their sincerity and willingness to give diaspora Gambians the vote.
After all,it is the moral duty of the IEC to include,as many Gambians as possible, in any elections,espec ially,the presidential.
I am sure that most Gambians abroad,if not all,will be willing to contribute towards this fund so that they can exercise their birth right.
Well done guys and keep up the good work.
Comment
Commendable ac; Bravo GMDD; set a real test for the independence which stands for the first letter of the electoral body-IEC? Or are there other reasons for non-inclusion of Diaspora-Gambians?? When funding’s available for cassa-nationals registrations???
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