GAMBIA: OPPOSITION COALITION 2016 MoU

“Preamble”

We the signatory stakeholders of this memorandum being convinced that participatory democracy should give rise to freely elected representatives who are the undiluted choice of the people. Recognizing that the absolute majority principle that makes it mandatory for a Presidential Candidate to only win in the first ballot if he or she has more than 50 percent of the votes cast, is the only way to guarantee  election outcome that reflects the undiluted choice of the people.

Taking note of the constitutional amendment 2003 which replaced the absolute Majority principle with first past the post which is disadvantageous to the opposition.

Taking cognizance of our duty to  create an atmosphere congenial for peaceful democratic change that would usher in an inclusive , democratic , accountable and transparent  political dispensation that  would give rise to the consolidation of Democracy, Good Governance, Respect for Human Rights and   Rule of Law;

Have agreed to put our differences aside and in the supreme interest of the country, support an Independent candidate elected at a National Convention constituted by equal number of delegates and further consider ourselves bound together as follows:

Part 1

1. Name

Coalition 2016 is hereby established to support one Independent Candidate elected by The National Convention of Opposition stakeholders and herein after referred to as “The Coalition.”

2. Goal     

The Goal of the Coalition is to:

1. a) Put an end to impunity and Self-perpetuating rule by establishing constitutional and institutional safeguards and propagate normative values and practices that would ensure the consolidation of participatory Democracy, Good Governance, Rule of Law, Substantive Justice and Human Rights.
2. b) Institutionalize term limits, strengthen checks and balances by consolidating Judicial, Parliamentary, Media and other Civil Society oversight in order to hold Government officials accountable to the people.

3. The Strategic Objectives 

The Coalition aims to:

1. a) Educate coalition partners and supporters on ethics of electoral conduct prior to, during and after the National Convention so as to promote exemplary display of mature citizenship during the entire 2016 electoral process and beyond.

Promote tolerance of ethno-linguistic (tribe), religious, gender and other diversities in promotion of national unity and peaceful co-existence.

1. b) Uphold and defend the secularity of the Republic and will not entertain any discrimination based on ethno-linguistic origin, religion, gender or political opinion.
2. c) Respect and uphold human rights as provided in the Constitution, ECOWAS and AU protocols and International Conventions.

d) set up a truth and reconciliation commission to enhance the healing of wounds that have caused pain and trauma through a cycle of confession, repentance, forgiveness and reconciliation and   remedies for injustice including  payment of compensation by the state , as it deems fit;

1. e) Reconstruct a new Gambia free from extreme poverty, persecution and impunity where democracy and the rule of law will thrive and dissent and free expression of divergent views tolerated.
2. f) Extend an olive branch to all Gambian in exile to return unconditionally without fear of being prosecuted for any allegations against them.
3. g) Propagate legislation to revoke all provisions of law criminalizing speech including libel, sedition, false news and false publication
4. h) Set up a Commission of Inquiry to look into any claim of seizure or damage of any legally acquired property without just compensation to protect the right not to be deprived of one’s property.
5. i) Promote the right to fair hearing and speedy trial by respecting  and protecting  the Independence and Impartiality of courts and judges.
6. j) Oversee the establishment of a Judicial Service Commission that would enable the judiciary to carry out judicial oversight in protecting and enforcing respect of rights.
7. k) Establish an independent National Human Rights Institution as an oversight institution empowered to order the release of persons detained unlawfully and having unlimited access to all places of detention to stop unlawful practices at detention centres such as torture.

4. Composition

The Coalition shall comprise all stakeholders who are signatories to the agreement establishing it and or  are parties to this Memorandum Of Understanding

ORGANS OF THE COALITION

i) OFFICE OF FLAG BEARER

a) The person elected at a National Convention of The Coalition who stands as an Independent Candidate belonging to no party shall be supported by the Coalition  as Flag Bearer, b) The Flag bearer is the Focal point in all Coalition support activities

ii) Functions

The Flag Bearer will

1. a) Present and propagate the content of a Manifesto endorsed by all signatory stakeholders of The Coalition
2. b) Open an account to Finance Coalition support activities and  be a principal signatory to the checks of the account

iii) On The Tenure Of The Office and Conduct Of The Flag Bearer

The flag bearer will:

1. a) Head a transitional government for a period of three years.
2. Be opened, transparent and accountable to all during the transition.
3. Respect the views and rights of the citizens.
4. Not support any party during the transition period.
5. Not seek for re-election until after the five years after the transition period.
6. Be a unifier, good listener, team player and easily accessible person.
7. make a pledge to respect and uphold all the conditions circumscribing his or her tenure as established by the coalition.

Iv. Transitional Cabinet

The transitional government will:

1. a) Treat all Gambians equally regardless of gender, political, religious and tribal affiliation;
2. Respect and protect the fundamental principles of human and people’s rights;
3. Exercise impartiality among all stakeholders;
4. Not engage in any form of revenge or witch hunt against its citizens;
5. Respect and honor all the international conventions and treaties that The Gambia is a signatory to;
6. Carry out the following reviews and reforms:

(1) Conduct constitutional review and electoral reforms and organize referendum, (2) Institute review and reform of the Judiciary and Civil Service, (3) Conduct foreign policy review and reform.

Cabinet Composition

1. The Transitional Cabinet shall comprise not more than 19 Ministries.
2. Cabinet position(s) will be allocated in consultation with each signatory stakeholder in the CEC.
3. c) All Presidential appointments and Removals shall be done in consultation with CEC.
4. d) In the event of the removal of a Minister the President, will consult the signatory stakeholder affected for proposal before appointment of a replacement.

6. THE COALITION EXECUTIVE COMMITTEE

i) The Coalition Executive Committee is the Principal Policy and Decision making arm of The Coalition. It is the Governing arm of the Coalition

1. ii) Composition the Coalition Executive Committee comprises the Flag-bearer, three representatives from each of the signatory party stakeholders, the independent presidential aspirant and each non -party signatory stakeholder. One of the party signatory stakeholders shall be designated head of delegation.

iii) Functions

1. a) The Coalition Executive Committee is the supreme decision making body of the Coalition and will serve as an Advisory and Consultative    organ  to the Flag-bearer and the Government.
2. b) The Transitional President shall constitute the transitional Cabinet to form a Government of National Unity in consultation with the CEC.
3. c) In making recommendations on Cabinet Composition after mutual consultation among CEC members regard should be given to the dictates of Section 72 of The Constitution which emphasizes the desirability of ensuring that Cabinet responsibilities’ are entrusted to competent persons with relevant qualification or experience.
4. d) The CEC has powers to establish Standing /Permanent and AD-HOC- Committees to investigate and provide recommendation for its approval on all issues of importance to the Coalition

 AD HOC Committee of The CEC

7. a) Composition of such Committees shall reflect the composition of the Coalition stakeholders
8. b) Unless appointed by The CEC, The Committees shall elect their own Chairpersons and Secretaries to conduct business aimed at attaining the objective of the Coalition. c) The meetings of Committees shall be convened by the Chairpersons
9. d) Gender balance shall be taken note of in constituting the composition and Chairing of such Committees.
10. e) Decision in the Committees shall be based on Consensus.
11. f) Reports presented by Committees and approved by the Coalition shall form part of the decisions taken by the Coalition, as long as they are in conformity with the letter and spirit of this Memorandum.
12. g) The CEC will decide on a Periodic basis which AD-HOC Committee will have its mandate extended and the extent of the renewed mandate.

The AD-HOC COMMITTEES

1. COMMITTEE ON GOOD GOVERNANCE

 This committee shall comprise a Chairperson and one representative from each of the signatory stakeholders.

1. The Committee  will a) provide guidance on the Post-Election conduct of the flag bearer;
2. b)  Provide proposals on Cabinet composition and reform
3. c) Articulate the Civil Service reforms to be undertaken
5.  COMMITTEE ON DEMOCRACY AND RULE OF LAW
6. Composition

a).The Committee will comprise a Chairperson and one representative from each of the signatory stakeholders

1. ii) Functions

The Committee will serve as an advisory and consultative body on Democracy and rule of law and will  provide recommendations on: a) Electoral Reform, b)Parliamentary Oversight,    c)Civil Society Oversight, d)Media Oversight

1. e) Institutional Reforms of The Executive, The Judiciary and The Legislature

COMMITTEE ON JUSTICE AND HUMAN RGHTS 

i) Composition:

The Committee will comprise a Chairperson and   one representative of the signatory stakeholders of the Coalition Agreement

1. ii) Functions:

1) The Committee will serve as an advisory and consultative body to the CEC on Justice and Human Rights and give recommendations as and when required by the CEC on:

1. a)  Issues of granting general amnesty to prisoners,
2. b) Providing reprieve to  Gambians abroad who may feel insecure in coming back to the Gambia,
3. c) The repealing of   laws that are in contravention of best practice in upholding human rights.
4. d) Identifying all the International Conventions’ on Human rights for   domestication
5. e)  Strengthening media, civil society and judicial oversight to enhance observance and enforcement of human rights.

COMMITTEE ON VOTER EDUCATION AND NATIONAL RECONCILIATION

1. This Committee shall comprise a Chairperson and one representative from each of the signatory stakeholders.
2. Functions:

The Committee will serve as an advisory and consultative body on voter education and National reconciliation and will give recommendation as and when requested by three CEC on:

1. a)  how to cultivate mature and exemplary citizenship by conducting  voter education on the letter and spirit of electoral instruments and ethics  to  ensure a free and fair voting process in all elections , in the national interest.
2. b) how to conduct civic education to  promote National identity and reconciliation  by enhancing  tolerance of ethno- linguistic, religious, gender and other diversities in pursuit of national unity and peaceful co-existence.
3. PLANNING AND FINANCE COMMITTEE
4. Composition

This Committee shall comprise a Chairperson and one representative from each of the signatory stakeholders.

1. Functions

This Committee will serve as an advisory and consultative body on strategic planning, funding. Budgeting and ensuring financial discipline and accountability in managing resources that are under the control of the Coalition or Coalition Government resources of the Coalition and the Government.

iii. This Committee shall preside over the raising and management of the campaign fund for the 1st December 2016 Presidential Elections.

1. CAMPAIGN COMMITTEE
2. This Committee shall comprise a Chairperson and one representative from each of the signatory stakeholders.
3. This Committee shall be responsible planning, management and control of the campaign.

iii. This committee shall have regional branches to facilitate effective and efficient campaign.

The Secretariat

8. i) The Coalition shall establish a Secretariat which shall serve as its Headquarters. The Chairperson of the CEC shall be the Executive Secretary of the Coalition and shall be responsible for coordinating all activities of the Coalition. ii) The Chairperson of the Coalition shall be elected by the members of the CEC upon signing the Memorandum of Understanding.

iii) The   Secretariat will constitute both the Administrative and Financial arms of the Coalition. It will employ a small but efficient staff to keep proper books of accounts and maintain proper filing system for correspondence .

9Finance

1. a) The CEC shall be responsible for approving budgets and receiving reports on statement of accounts of the Coalition.
2. b) It has power to order the auditing of accounts by internal and external auditors at its own volition.
3. c) Proper books of accounts containing income and expenditure should be maintained and the Chairperson of the CEC in consultation with the Committee On Planning and Finance should maintain general control and supervision on the disbursement of authorized expenditure so that there is value for money.
4. d) The CEC shall convene a meeting to discuss financial matters at short notice.
5. e) The Flag Bearer will open up a Bank Account with a Coalition identity.
6. f) The Flag- Bearer or his Appointee shall be the major signatory to the account. The CEC will appoint two other signatories to the Account
7. g) All monies received must be paid in and all authorized expenditure paid from the said account.

10Transitional Provision

1. a) This Memorandum of Understanding will come into force upon signature by the Signatory stakeholders to the Coalition agreement.
2. b) The CEC will determine how any remaining income would be utilized after the Presidential Elections

Done This 1 November 2016

At YMCA