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Subject:
From:
saihou Mballow <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Mon, 23 Jan 2006 17:00:15 -0800
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MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ALLIANCE
OF OPPOSITION 
PARTIES IN THE GAMBIA



PREAMBLE

We, the undersigned representatives of opposition
political parties, 
who seek to establish an alliance, are fully conscious
of the duty, that 
wisdom and honor bestow on us, to explain to the
people, from whose 
consent we must derive the authority to preside over
the affairs of the 
nation and to generations yet unborn, the exceptional
circumstances which 
compelled us to assemble and take these decisions that
are here 
engraved or entrenched in this Memorandum Of
Understanding.



Two years following the Coup D’etat of July 22nd 1994,
The Gambia was 
supposed to have gone through a transition from an
unconstitutional and 
undemocratic system of government imposed by the AFPRC
regime, based on 
the might of the gun, to a constitutional and
democratic system of 
government, based on the consent of the people under a
Second Republic.



Gambians were made to believe that the Second Republic
would usher in 
an era of transparency, accountability and probity. A
period of 
rectification was promised that would put an end to
the alleged abuse of 
office, corruption and other related vices of public
office, which negated 
the welfare of the people.



To achieve these fundamental aims, state
administration under the 
Second Republic should have been characterized by the
initiation of 
constitutional, institutional and administrative
reforms and the setting into 
motion of policies, programmes and democratic
practices that would 
oblige the members of the executive, the legislature,
the judiciary and all 
the other custodians or trustees of public authority
to perform their 
duties in accordance with the dictates of law and the
general welfare of 
the people.



However, it has become evident that after eight years
of APRC rule 
under the Second Republic, the government has not
lived up to its promises 
and has not shown any commitment to enlarge the
freedom of the people 
or ensure their empowerment. On the contrary, it has
systematically 
amended the constitution and enacted laws that
concentrate power in the 
hands of the executive, stifle the authority of the
people and legitimize 
impunity in both matters of governance and economic
management.



Constitutional amendments such as the deletion of the
elective 
principle in constituting district and village
leadership and the usurpation of 
such powers by the President and the Secretary of
State for Local 
Government, respectively; the negation of the autonomy
of local government 
bodies through the introduction of intrusive laws that
enable the 
Secretary of State for Local Government to exert undue
control over the 
affairs of local councils in contravention of the
principles of 
decentralization and devolution of power to local
authorities and communities; the 
assault on the independence and integrity of the
Independent Electoral 
Commission by the removal and replacement of its
Chairperson by the 
President; the frequent shifting and firing of public
servants without any 
legal process; the general militarization of
government affairs through 
the declaration of one operational code after another
provide us with 
ample evidence of the trend towards the centralization
of absolute power
 in the hands of the executive.



The abuse of such absolute power is further evidenced
by frequent 
threats to deprive communities of public services
because of political 
affiliation, the arbitrary arrest and detention of
persons beyond the 
constitutional provision of 72 hours set for detention
without trial and the 
unparalleled affront to the independence and
impartiality of the 
judiciary as the president makes repeated claims that
he is responsible for 
the imprisonment of persons convicted by courts.



It goes without saying that maladministration in
matters of governance 
is further compounded by the mismanagement of the
economy which has led 
to the contraction of the productive base, the
dwindling of the 
required investment capacity to generate employment
and enhance the income 
earning capacity of the people, escalation of internal
and external 
borrowing, chronic indebtedness, depreciation of the
Dalasi, skyrocketing 
prices and a perpetual increase in poverty.



Despite all the evidence that the regime is neither
capable nor willing 
to protect and enlarge the rights and freedoms of the
citizenry and 
free them from economic mismanagement and poverty, it
has been making 
systematic effort to perpetuate itself in office
beyond the year 2020.



This is corroborated by the failed attempt to abrogate
the permanent 
structures of the IEC because of the stringent
requirements imposed by 
the constitution in case of amendment of entrenched
clauses; the 
repealing of the provision for the second round of
voting, should no 
Presidential candidate receive more than fifty percent
of the total number of 
votes validly cast at an election on the first ballot;
the complete 
monopoly of the state media and the attempt to
establish a media commission 
that could close down media houses on the basis of
administrative 
discretion, which was aborted only because of outcry,
both national and 
international; the refusal to allow Citizen FM to
operate because of 
administrative recalcitrance; the imposition of a bond
of half a million 
dalasi on media houses before being allowed to operate
and its retroactive 
application to close down existing media houses who
may not be able to 
comply; the establishment of draconian laws which
impose prison 
sentences of
 not less than six months with neither an upper limit
nor the option of 
fine for offences such as uttering seditious words,
publishing false 
news, publishing cartoons which are considered to be
derogatory; the 
partisan approach to public administration, the
personalization of the 
public service delivery system and the stifling of the
National Council for 
Civic Education which should have had access to the
national television 
and other public media to provide civic awareness to
the people on 
their constitutional, political and civic rights.



These omissions and transgressions reveal with
overwhelming 
thoroughness that the regime has capitulated to the
temptation of perpetuating 
itself in office, despite all its shortcomings.



In this light, we the undersigned representing our
political parties, 
are obliged to strive for the establishment of an
alternative government 
in order to put an end to self-perpetuating rule,
establish proper 
democratic and constitutional safeguards, implement
sound and sustainable 
economic policies and ensure that patronage,
intimidation and inducement 
shall not stifle the undiluted consent of the people.



Appreciating that no single opposition party can put
an end to 
self-perpetuating rule given the culture of patronage,
intimidation and 
inducement that has already taken root in the
political life of the country;



Taking note of the fact that any given party may
easily lapse into the 
vicious cycle of self-perpetuating rule if the proper
institutional and 
administrative safeguards are not put in place to
ensure democratic 
processes and practices;



Recognizing that empowering the Gambian people, to
build a durable and 
sustainable democracy, is the only way to put an end
to the 
self-perpetuating rule of the APRC regime and bar the
possibility of the emergence 
of any government that would perpetuate itself in
office in the future;



Conscious of the fact that a sustainable democratic
system can best 
thrive within a multi-party political environment that
would enable many 
parties to have the competence to be credible
alternatives to any party 
in office;



Being fully committed to the values of fundamental
rights and freedoms, 
the rule of law, the dignity of the human person, good
governance and 
democratic culture;

Being fully conscious of the imperative and urgent
need to consolidate 
the aspirations of the Gambian people for greater
national unity 
transcending tribe, religion, gender, place of origin,
birth, disability or 
other status;



Firmly convinced that an alliance transcending
ideological and other 
differences in principle, policies and programmes
could augur well for 
the country by ensuring the adherence to a common code
of conduct and 
thus consolidate a culture of respect for fundamental
rights and freedoms, 
democratic participation, tolerance of diversity that
can serve as a 
launching pad for genuine multi-party electoral
contest based on diverse 
principles, policies programmes and practices;



Acknowledging the fact that commitment to the values
of fundamental 
rights and freedoms, the rule of law, the dignity of
the human person, 
democracy and good governance characterized by
transparency, 
accountability and popular participation shall best
prepare The Gambia for African 
integration and raise the prestige and reputation of
the country at the 
international level;



Drawing our inspiration from our own acknowledgement
of these ideals, 
we the representatives of the political parties here
assembled agree as 
follows:



PART I

Name, Goals and Strategic Objective and Mechanism of
the Alliance



1. Establishment of the Alliance

An alliance is hereby established. The name of the
alliance is National 
Alliance for Democracy and Development with the
acronym (NADD).



2. Goal

The goal of the alliance is to put an end to
self-perpetuating rule, 
ensure the empowerment of the people so that they can
participate in 
sustainable development.



3. Strategic Objectives

The strategic objectives of the Alliance shall be to:

A. Put in place constitutional and legal instruments
as well as 
democratic institutions and practices covering all
areas of state 
administration and management so as to put a
definitive end to self-perpetuating 
rule and ensure the empowerment of the people;

B. Pull together resources within the framework of the
alliance to 
contest the forthcoming presidential, National
Assembly and Local 
Government elections;

C. Launch a five year transitional rectification
programme in order to 
ensure an open democratic society based on the
promotion of national 
unity, freedom, peace, prosperity and justice for all;

D. Create an economic environment that ensures the
development of the 
productive base, maximize economic growth, employment
and general 
welfare as well as foster African regional
integration;

E. Promote the ideals, policies and programmes of
ECOWAS and other 
sub-regional groupings in particular and the African
Union in general;

F. Promote the fullest participation of the people,
especially the 
Gambian women, in development and maximize the
benefits derived there from;

G. Promote the prestige and image of the country
internationally by 
ensuring full respect for the human rights of the
citizenry and their 
democratic participation in running the country in
accordance with the 
ideals enshrined in international human rights law and
norms of best 
practice;

H. Develop partnership with civil society
organizations to enable them 
to participate and guide the governance and
development priorities of 
the country;

I. Encourage the freedom of information through the
creation of laws 
and practices that would safeguard the independence
and impartiality of 
the public media and the freedom of the
non-governmental media to 
disseminate information without censorship;

J. Establish a code of conduct that will put an end to
the politics of 
slander, character assassination, patronage and
intimidation and 
replace it with the politics based on enlightenment,
principles, policies and 
programmes.



4. Composition

A. All opposition parties who are signatories to this
memorandum of 
understanding shall be founding members of the
Alliance.

B. Any opposition party that has not been a member of
the Alliance may 
notify the coordinator of its intention to accede to
this Memorandum Of 
Understanding. The coordinator shall, upon receipt of
such 
notification, provide them with an official copy of
the Memorandum of Understanding 
and further transmit the signed copy to the executive
committee of the 
Alliance. The opposition party acquires full
membership once the 
instrument of accession is reviewed and approved by
the executive committee 
and deposited at the Secretariat of the Alliance.

C. All members of the Alliance shall be equally
represented in all the 
organs of the Alliance.







PART II

POLICY MAKING ORGANS

5. The Executive Committee



There shall be an Executive Committee of the Alliance,
which shall be 
the highest decision making organ of the Alliance
comprising two members 
from each member party. One other member shall be
selected to serve as 
an alternate. At least one of the Permanent Members of
the Executive 
Committee or the alternate shall be a woman The
Executive Committee shall 
be responsible for policy making. The Chairperson,
Coordinator and 
Deputy Coordinator of the Alliance shall be ex-officio
members of the 
Executive Committee.



6. The Technical Committee

Policy, Planning, Assessment and Advisory Organ

There shall be a Technical Committee of the Alliance
comprising two 
members and one alternate member appointed by each
member party. At least 
one of the permanent members of the Technical
Committee or the 
alternate shall be a woman. The Technical Committee
shall have an advisory role 
and shall be accountable to the Executive Committee
for all its 
activities.

It shall be responsible for the facilitation of policy
formulation, 
planning, assessment, briefings and recommendations to
the Executive 
Committee. It shall receive periodic assignments from
the Executive 
Committee for review and recommendation on any matter.



7. The Secretariat

Administrative, Information, Education, Communication
and 
Implementation Organ

There shall be a secretariat constituting the
administrative and 
financial organs of the Alliance. It shall be the
administrative and 
implementation organ of the alliance. It shall have an
administrative and 
financial staff managed by a subcommittee comprising
the Coordinator and one 
of the members of the party representatives in the
Technical Committee, 
with the other member serving as alternative. The
secretariat shall be 
housed in the headquarters of the Alliance and shall
have branches in 
the seven administrative areas. The exercise of
direction and control 
over matters relating to staff, budgets, banking,
finance, accounting and 
auditing shall be bound by established rules and
procedures drawn up by 
the Technical Committee and approved by the Executive
Committee. It 
shall implement policies on information, education and
communication as 
proposed by the Technical Committee and approved by
the Executive 
Committee.



The Chairperson shall preside over all meetings of the
Executive 
Committee. In the absence of the Chairperson, the
Coordinator or Deputy 
Coordinator shall preside. The Chairperson and
Coordinator shall perform 
advisory functions. Neither the Chairperson nor the
Coordinator or Deputy 
Coordinator shall have voting powers.



PART III

ELECTIONS AND TENURE OF OFFICE

8. Nomination of Candidate

The selection of the candidate of the Alliance for the
presidential, 
National Assembly and council elections shall be done
by consensus; 
provided that in the event of an impasse selection
shall be done by holding 
a primary election restricted to party delegates on
the basis of equal 
number of delegates, comprising the chairman,
chairwoman and youth 
leader of each party from each village/ward in a
constituency.



9. Tenure of Office of Interim President under the
Alliance

A. The interim president of the republic under the
Alliance shall serve 
for one five year term of office only. He/she shall
vacate his or her 
seat at the end of his or her term and shall neither
seek nor support 
the candidature of any other person for the ensuing
presidential 
election.

B. A constitutional provision shall be put in place
under the Alliance 
that would limit the number of terms a person can
occupy the office of 
president of the republic to two.



PART IV

PROCEDURES

10. Decision Making

Decision making at all levels of the committees of the
Alliance shall 
be based on the principle of unanimity provided that
matters of 
procedure shall be determined on the basis of simple
majority of the delegates 
present and voting. In the event of the need to break
an impasse the 
delegates may agree unanimously to make a decision by
consensus.



11. Quorum

At least one member of each member party shall be
present to have a 
quorum.



12. Authentication

All agreements or decisions shall be authenticated by
appending the 
signatures of all the representatives associated with
a given committee of 
the Alliance. All pages of any agreement of the
Alliance shall contain 
the initials of the signatories to be deemed as
authentic. All 
instruments of the Alliance shall be deposited with
the coordinator for 
safekeeping and proper custody.



13. Dissolution

The Alliance stands dissolved when the majority of its
members sign a 
petition to call for its dissolution and upon the
confirmation of the 
positions of each party at a meeting of the Executive
Committee. The 
disposal of resources shall be the subject of a
subsequent protocol to the 
Memorandum of Understanding.



PART V

TRANSITIONAL PROVISIONS

14. Every mandate given and decision taken with the
authorization of 
the Executive Committee, prior to the signing of the
Memorandum of 
Understanding, shall be deemed to be approved as if
they were done under this 
Memorandum Of Understanding.



15. The Alliance shall prepare a Code Of Conduct to
guide the political 
conduct of its member parties and its supporters
within one month of 
the coming into force of this agreement to ensure that
slander, 
intimidation, inducement and appeal to ethnic,
religious and other divisive 
sentiments shall be expunged from the platform of the
Alliance.



16. The Alliance shall have an emblem, colour, motto
and symbol to be 
determined within one month of the coming into force
of the agreement 
with the full participation of its supporters and
sympathizers.



17. The Memorandum Of Understanding shall come into
force upon the 
appending of signatures by two representatives of each
party, one of whom 
shall be its president/chairperson or secretary
general.



18. Upon signature of the Memorandum of Understanding
all provisional 
responsibilities such as the offices of Chairperson
and Coordinator 
ceases and the members of the Executive Committee
shall elect the 
substantive holders of such offices in line with the
Memorandum of 
Understanding.





Done in Banjul, this 18th day of January in the year
2005.



National Democratic Action Movement (NDAM)

National Reconciliation Party (NRP)

People&#65533;s Democratic Organisation for

Independence and Socialism (PDOIS)

People&#65533;s Progressive Party (PPP)

United Democratic Party (UDP)

Chairperson

Coordinator





---------------------------------


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