MEMORANDUM OF UNDERSTANDING BETWEEN THE ALLIANCE FOR PATRIOTIC REORIENTATION AND CONSTRUCTION (APRC) AND THE NATIONAL ALLIANCE FOR DEMOCRACY AND DEVELOPMENT (NDD) AND OTHER POLITICAL P ARTIES IN THE GAMBIA.
Recognising, that a peaceful and stable political environment, underpinned by a transparent, plural and democratic political dispensation, is vital for The Gambia’s future prosperity and for the happiness and well-being of its people;
Recognising too the legitimacy of the present government and its right to govern within the Constitution and the laws of the land on the one hand; and the rights of the political opposition to operate freely and’ to hold the government to account on the other hand;
Conscious of the dignity and respect that pertains to the office of the President of the Republic, as Head of State, as well as the role of the political opposition as important partners in national construction and development;
Aware that dialogue and co-operation between political parties and’ a constructive national conversation with the Gambian people represent key cornerstones in the consolidation of democracy in The Gambia.
We, the leaders of the Alliance for Patriotic Reorientation and Construction (APRC), being the governing party in The Gambia, -and the National Alliance for Democracy and Development (NADD) and other political parties, registered by the Independent Electoral Commission for the purpose of contesting election do hereby agree to put the past behind us, and in the higher interest of The Gambia, to work constructively towards national reconciliation and the consolidation of democracy, respect for human rights, the rule of law and good governance in The Gambia. .
We further agree in this context - to work positively and co-operatively towards the holding of transparent and credible elections for the presidency in 2006, in which the will of the people will be reflected and accepted by all the contesting political parties and the people of The Gambia.
To these ends we agree to the following Code of Conduct, alongside that of the Independent Electoral Commission (IEC), to guide our activities in general and our conduct in the lead up to the 2006 Presidential elections in particular.
CODE OF CONDUCT
1. Compliance with the Law
A party that has subscribed to this Code will adhere to the Constitution and the existing laws of The Gambia, including the electoral laws, rules and regulations.
2. The Conduct of Political Activities
A party that has subscribed to this Code will:
I. respect the right of all other parties to campaign freely and to disseminate their political ideas and principles without fear;
II. respect freedom of speech, of the press, of assembly and of peaceful demonstration; pursuant to a permit being obtained;
III. refrain from disrupting or frustrating the legitimate activities of other political parties, including the holding of Political rallies, meetings,
IV. marches or demonstrations; and
V. refrain from defacing or destroying the posters, leaflets and handbills of other political parties and their candidates;
3. Language
A party that has subscribed to this code will:
I. organise and conduct its activities at all times in a manner that contributes towards a congenial and peaceful atmosphere.
II. avoid using inflammatory or defamatory language; and
III. not in any way threaten or incite violence in any form against any person or groups of persons.
IV. A party that subscribes to this Code will not issue, either officially or anonymously, pamphlets, newsletters or posters containing language or material that threatens or incites violence.
4. Violence and Intimidation
A party that subscribes to this Code accepts that intimidation in any form is unacceptable, and will:
I. issue directives expressly forbidding its officials, candidates, members and supporters from intimidating any person at anytime;
II. campaign against violence, and against all acts of vandalism or public disorder committed or threatened by their officials, candidates, members or supporters; and
III. respect other competing parties, persons and their properties.
5. Separation of Powers
A party to this MOU shall:
I. Respect the full separation of powers as detailed in the constitution.
II. Not seek in any way to unduly influence or use other arms of government for political purposes;
III. Will refrain from using Civil Servants and public funds for campaign purposes.
6. Acceptance of the Outcome of Transparent and Credible Elections
i. accept the outcome of an election that has been certified by the competent authority or submit any grievance only to the competent dispute settlement agency provided by law; and
ii. accept and comply with the decisions of the competent dispute settlement agency.
7. Dialogue and Co-operation
A party that has subscribed to this Code will:
I. make every effort to maintain communications with other political parties and with the Independent Electoral Commission;
II. participate constructively in the inter-party Committee (see Item 9 below) established as a forum for dialogue and co-operation between political parties and to promote adherence to this Code.
8. Compliance with the Code of Conduct
A party that has subscribed to this Code:
I. is bound by the Code;
II. will take steps to prohibit leaders, officials, candidates, members and supporters from infringing the Code;
III. will take necessary steps to promote and ensure adherence to the Code; and
IV. will not abuse the right to complain about violation of the Code, or make false, frivolous or vexatious complaints
9. Inter-Party Committee
I. we agree to establish an Inter-Party Committee, comprising representatives of political parties, as a forum for dialogue and cooperation and to promote adherence to this Code and national reconciliation in general.
II. we agree that the Inter-Party Committee shall comprise two representatives from each party that are signatory to this agreement.
III. the Inter-Party Committee shall meet once a week during the official election campaign (as declared by IEC) and once a month at other times. It could be convened at other times by the co-chairpersons.
IV. We agree to work constructively with the IEC in monitoring and encouraging compliance with the Code. .
V. We further agree that the Commonwealth, as represented by the Special Envoy of the Commonwealth Secretary-General, General Abdulsalami A. Abubakar, serve as the moral guarantor of this agreement. Mr. Yankuba Touray National Mobiliser of the APRC and Mr. Halifa Sallah, Co-coordinator of the NADD will initially co-chair the Inter-Party Committee.
10. Prevailing Code
If the provision of the Code Conduct of the Independent Electoral Commission (I.E.C) and the Commonwealth Code of Conduct comes in to conflict, the provision of the Code of Conduct of the Independent Electoral Commission will prevail.
Done in Banjul this 6th Day of February, 2006.
SIGNED:
HON. YANKUBA TOURAY
For Alliance for Patriotic Reorientation and Construction (APRC)
Halifa Sillah
For National for Democracy and Development (NADD)
Henry Gomez
For the Gambian Party for Democracy and Progress (GPD)
Sheriff M. Dibba
For the National Convention party (NCP)
For the Independent Electoral Commission
For the Commonwealth
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