Lisa Vasciannie | Prospects of diaspora vote for Jamaica

Over the years, there have been calls for both major political parties, the Jamaica Labour Party (JLP) and People’s National Party (PNP), to enact legislation to allow Jamaicans in the diaspora to vote from abroad.

The issue has been in public discourse since 2002 with spikes in advocacy and policy engagement during the electoral cycle. It pushes the boundaries of the concept of sovereignty by allowing political participation outside of the confines of territory.

REMITTANCE

One of the main arguments for overseas voting is acknowledging the contribution of the diaspora to the Jamaican economy through remittances. Despite this observation, converting this contribution to voting power can be problematic. Not every Jamaican overseas sends money home and this makes it difficult to individually accord voting rights on this basis. Moreover, to link economic contributions to the right to vote would be retrograde step to the pre-1940s propertied position. While the country values remittances as a macroeconomic contributor, the more compelling premise for these substantial inflows is the desire for Jamaicans in the diaspora to assist family members. This largely personal motivation and familial commitment should not be linked to electoral rights as it undermines universal suffrage.

ELIGIBILITY

Currently, any Jamaican living abroad, once registered, may return home to vote. The Representation of the People Act does not currently have provisions for voting from abroad. The first consideration is to determine which Jamaicans abroad would be eligible to vote. Will this be determined by birth or ancestry? Another consideration for eligibility relates to the length of time prospective overseas voters have been living abroad. It would be difficult, costly and impractical to implement any range of time constraints for Jamaicans in the diaspora. For one, duration of time abroad is no firm indicator of diminishing connection to home. Some Jamaicans retain strong bonds regardless of how long they have lived abroad. Connection is therefore not bound by a simple nominal time factor and is also driven by immeasurable psychological elements. Additionally, verification to determine which Jamaicans in the diaspora qualify based on time abroad would be very resource-intensive.

METHODS OF CASTING BALLOTS

Some countries, such as The Bahamas, have in person voting at some embassies and consulates abroad. Others allow voting by proxy, mail, facsimile or the internet. The most simple and practical means of voting could be for prospective voters to cast their votes in person at embassies and consulates closest to them. In-person ballots would reduce the risks of fraud, electoral malfunction or errors associated with postal, proxy or digital modalities. This process would require the resources and the administration of the Electoral Commission of Jamaica (ECJ) along with the Ministry of Foreign Affairs and Foreign Trade (MFAFT). Arrangements for the prior registration, voter education, printing and delivery of ballot papers, procurement of ballot boxes and other materials require careful coordination and planning to ensure the minimum acceptable conditions and the simultaneous administration of the overseas and local components of the election. Additionally, the ECJ, MFAFT and other entities must maintain autonomy and sovereignty in the execution of all stages of the administration of the overseas vote.

REPRESENTATION AND REGISTRATION

Two approaches have been mooted: The first is to create a separate diaspora or extraterritorial district or constituency for overseas voters. Establishing an additional constituency requires a constitutional amendment and should also be carefully contemplated. In a closely contested election it is quite possible for one constituency to swing the results. With the current low voter turnout trends it could be very possible for the diaspora constituency to have disproportionate influence in an election.

The second approach is to assign the overseas votes to the existing electoral divisions; typically, wherever the voter was last registered. The alternative approach is for individuals to vote from abroad for the home district where they last lived. Overall, this method could pose logistical and time challenges and requires meticulous coordination to ensure that overseas votes are accurately assigned to and counted within the designated polling divisions and constituencies. There is still a risk that if there is a high concentration of diaspora votes in one polling division or constituency it could disproportionately affect the election results.

This bias could be mitigated by establishing a maximum quota provision of overseas voters allowed to register in each division. This could offset the likelihood of the results of an election being unduly determined by external voters. Both approaches, whether through creating additional constituencies or assigning votes to the original constituencies present additional administrative burdens and have the potential to influence the outcome of an election.

SAFEGUARDING ELECTIONS

Overseas voting requires measures to ensure that elections in a foreign jurisdiction are held in accordance with the electoral laws of the home country. The ECJ will have to ensure similar conditions for voter registration, verification, polling agents and all other elements provided for in the local election. Recounts, queries or electoral disputes originating in another and/or multiple jurisdictions with transient electoral staff or support might be challenging to manage.

Collecting, counting and redistributing ballots across polling divisions may also delay election results. Given the notable delays in counting and tabulation of votes in the February 2024 local government elections this poses a reasonable concern for causing frustration and distrust between political parties and the public. Given these challenges, Jamaica is likely to lack the capacity for additional voting in at least three other countries – the United States, United Kingdom and Canada.

Overseas voting may increase vulnerability to electoral fraud therefore requiring additional resources to mitigate these challenges. Upholding the integrity of the overseas elections is just as important as the main election. The government would have to ensure that all eligible overseas Jamaicans have an equal opportunity to vote. For those living in remote areas, consideration should be given setting up additional voting centres or providing alternate means, such as postal voting. Both options present additional challenges of cost and chances of electoral fraud.

POLITICAL POLARISATION

A political administration might delay the implementation of provisions for voting from abroad if they envisage a loss at the polls. Further, where the diaspora electorate leans towards one party more than the other this can lead to political polarisation. There have been notable rifts within the membership of the Diaspora Council and unclear policies toward the Jamaican government. These and other factions undermine the prospects for any substantial policy or legislative changes towards strengthening diaspora engagement and ultimately overseas voting

There is no fixed formula for overseas voting. The wide variations in eligibility, application and implementation create a flexible template. Until the costs are calculated and weighed against the advantages, it is best to keep the current institutional and organic linkages with the diaspora without introducing overseas voting at this time. This has to be well thought out and then implemented.

The Diaspora Council and the biennial conferences are formal and substantive mechanisms for representation and engagement on security, investments and other mutual concerns for the time being while administrative and legislative frameworks are developed to introduce overseas voting.

Lisa Vasciannie, PhD is a senior lecturer in International Relations in the Department of Government and is an associate dean in the Faculty of Social Sciences at the University of the West Indies, Mona. Send feedback to columns@gleanerjm.com