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From:
Momodou Camara <[log in to unmask]>
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The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Wed, 4 Feb 2004 06:37:39 -0500
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SECTION III: THE COUNCIL OF MINISTERS
Clause 10 :
There shall be a Council of Ministers of the Confederation whose members
shall be appointed by the President of the Confederation in agreement with
the Vice-President.
The President and the Vice-President of the Confederation shall be the
President and the Vice-President of the Council of Ministers respectively.
The Council of Ministers shall deal with matters submitted to their
consideration by the President of the Confederation.

SECTION IV: THE CONFEDERAL PARLIAMENT

Clause 11 :
The Representative Parliament of the Confederation shall be known as The
Confederal Parliament.
Its members shall have the title Members of the Confederal Parliament. One-
third of the members of the Confederal Parliament shall be selected by the
House of Representatives of The Gambia from among its members, and the
other two-thirds shall be selected by the National Parliament of Senegal,
from among its members.
The Confederal Parliament shall elect its President.
The Confederal Parliament shall establish its rules of procedure.

Clause 12 :
The Confederal Parliament shall deliberate on matters of common interest.
Furthermore, the President of the Confederation or the Vice-President of
the Confederation, may consult the Confederal Parliament by submitting to
its vote any other matter of social, economic or financial interest to the
Confederation.

Clause 13 :
Only the President of the Confederation, the Vice-President of the
Confederation and the members of the Confederal Parliament can initiate
matters or proposals.
The Confederal Parliament shall convene when matters are submitted to it by
the President or Vice-President or at the request of one third of the
members of the Confederal Parliament.

Clause 14 :
The rules governing the submission of matters to the Confederal Parliament
by the President or the Vice-President of the Confederation, voting of
matters or proposals and the promulgation of such rules by the President
shall be drawn up in a protocol of implementation.

SECTION V: SETTLEMENT OF DIFFERENCES

Clause 15 :
Any difference arising out of the interpretation or the implementation of
this Agreement shall be submitted to the President of the Confederation for
settlement, in agreement with the Vice-President.
In the event that the President of the Confederation and the Vice-President
are unable to agree upon the settlement of a difference submitted to them,
either of them may refer the matter to arbitration.
A protocol of implementation shall lay down rules for constituting an
arbitration tribunal for the settlement of a difference and for regulating
its procedure.

SECTION VI: INTERNATIONAL TREATIES AND AGREEMENTS

Clause 16 :
Where authority is granted to the Confederation pursuant to this agreement
and its protocols for the conclusion of an International Agreement, the
Agreement shall be negotiated by the President of the Confederation in
agreement with the Vice-President. Subsequent to authorisation by the
Confederal Parliament and enactment by the Confederated States of any
legislation necessary for implementation, the President of the
Confederation may ratify the Agreement.

Clause 17 :
Each Confederated State may conclude International Agreements, in
accordance with its constitutional requirements. Without prejudice to
article 103 of the United Nations Organisation Charter, if any disagreement
arises between this Agreement and any other international obligation, the
provisions of this Agreement shall prevail.

SECTION VII: FINAL PROVISIONS
Clause 18:
Ratification This Agreement shall be ratified by the Parties in accordance
with their constitutional requirements.

Clause 19 : Entry into force:
This Agreement shall come into force on the first day of the month
following that in which instruments of ratification are exchanged.

Clause 20 : Amendment
Each Confederated State may submit proposals for the amendment of the
Agreement to the depositories of the Agreement.
The depositories of the Agreement shall submit the proposals to the
Confederal Parliament for its opinion.
When the Confederal Parliament has delivered an opinion on the proposals,
the Confederated States shall enter into negotiations for the purpose of
determining by common accord the amendments to be made to the Agreement.
Any amendments agreed shall enter into force after being ratified by the
Confederated States in accordance with their respective constitutional
requirements.
The foregoing procedure shall not apply to protocols of implementation
which may be amended from time to time by agreement between the
Confederated States.

Clause 21: Review
The confederal Parliament shall convene every two years and shall prepare a
Report on the functioning of the Confederation for submission to the
President and the Vice-President of the Confederation and the Confederated
States. If requested by a Confederated State following the submission of a
report, a Conference of representatives of the Government of both
Confederated States shall be summoned to review the Agreement.

Clause 22: Status of the Protocols of Implementation :
The Protocols of implementation shall be an integral part of the Agreement,
and, unless otherwise specified, any reference to the Agreement shall also
constitute a reference to these protocols.

Clause 23: Despositories :
The Prresident and Vice-President of the Confederation shall be the
despositories of this Agreement, and of the Protocols and the ammendments
relating thereto.

Clause 24: Authentic Texts :
This Agreement, done in the English and French languages both tests being
equally authentic, shall be communicated to the Secretary General of the
United Nations for the purpose of registration.
In witness whereof, the President of the Republic of The Gambia and the
President of the Republic of Senegal have signed the present Agreement.


Done in Dakar, on 17th December 1981


FOR THE REPUBLIC OF THE GAMBIA
SIR DAWDA KAIRABA JAWARA
President of the Republic

FOR THE REPUBLIC OF SENEGAL
ABDOU DIOF
President of the Republic

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