Confederal Document of Senegambia
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| Confederal Document of Senegambia |
 |
Contents |
[edit] Title
AGREEMENT BETWEEN
THE REPUBLIC OF THE GAMBIA
AND THE REPUBLIC OF SENEGAL
CONCERNING THE ESTABLISHMENT OF
THE SENEGAMBIA CONFEDERATION
[edit] Preamble
- THE REPUBLIC OF THE GAMBIA
- and
- THE REPUBLIC OF SENEGAL
- Aware that they constitute a single people divided into two States by the
- vicissitudes of History;
- Taking due account of the geographical fact of their ties;
- Conscious of the historical, moral and material imperatives, which unite
- the two countries;
- Considering the many past and present experiments made with a view to
- rapprochement, solidarity and sub-regional and regional cooperation;
- Respectful of the Charter of the United Nations, the Charter of the
- Organisation of African Unity and the Treaty of the Economic Community of
- West African States;
- Affirming their devotion to the rights of their peoples declared in the
- Universal Declaration of Human Rights of 1948; in the United Nations
- Covenants on Human Rights; and in the African Charter of Human and Peoples
- Rights of 1981; Intending to strengthen the unity of their defence and
- their economies and the coordination of their policies in other fields;
- Resolved to establish an institutional framework, consistent with national
- sovereignty and democratic principles, within which these intentions may
- be gradually realized;
- HAVE DECIDED to create a Confederation and have agreed as follows:
[edit] Provisions
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SECTION I: PRINCIPLES
Clause 1:
By this Agreement a Confederation of the Republic of The Gambia and the
Republic of Senegal is constituted with the name of the Senegambia
Confederation.
Clause 2:
The Republic of The Gambia and the Republic of Senegal shall constitute
the Confederation known as Senegambia; each State maintaining its
independence and sovereignty.
The Confederation shall be based on:
- the integration of the armed forces and of the security forces of the
Republic of The Gambia and the Republic of Senegal, to defend their
sovereignty, territorial integrity and independence;
- the development of an economic and monetary union;
- the coordination of policy in the field of external relations;
- the coordination of policy in the field of communications and Clause
in all other fields where the Confederated States may agree to exercise
their jurisdiction jointly;
- joint institutions.
Clause 3:
The institutions of the Confederation shall be as follows:
The President and Vice-President of the Confederation;
The Council of Ministers of the Confederation;
The Confederal Parliament.
Clause 4 :
The Official languages of the Confederation shall be such African
languages as are specified by the President and Vice-President of the
Confederation; English and French.
Clause 5 :
Within the framework of this Agreement the Confederated States shall
enter into protocols of implementation for the realization of the
purposes set out in Clause 2.
SECTION II: THE PRESIDENT AND Vice-President OF THE CONFEDERATION
Clause 6 :
The President of the Republic of Senegal shall be the President of the
Confederation.
The President of the Republic of The Gambia shall be the Vice-President
of the Confederation.
Clause 7 :
In agreement with the Vice-President, the President shall decide on the
policy of the Confederation on matters of Defence and Security.
He shall co-ordinate the policies of the Confederated States on matters
within the responsibilities of the Confederation.
In agreement with the Vice-President, the President of the Confederation
shall make appointments to all confederal posts.
Clause 8 :
The President of the Confederation shall command the Armed Forces and
the Security Forces of the Confederation. He shall be responsible for
the Defence and Security of the Confederation.
A Protocol shall establish the modalities of implementation of the
provision in accordance with the constitutional requirements of each
State.
The President of the Republic of The Gambia shall continue to be
Commander-in-chief of the Armed Forces of the Republic of The Gambia in
accordance with its constitutional requirements.
Clause 9 :
The President of the Confederation shall preside over the Defence and
Security Council of the Confederation.
The Defence Council shall comprise the President and Vice-President of
the Confederation and such other persons as the President, in agreement
with the Vice-President of the Confederation, may determine.
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 texts
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.
[edit] Signatories
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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