CONSTITUTION OF THE GAMBIA NATIONAL OLYMPIC COMMITTEE
WHEREAS THE GAMBIA NATIONAL OLYMPIC COMMITTEE (GNOC) is an organisation affiliated to the Olympic Movement;
AND WHEREAS The Olympic Charter and all Codes, Rules, regulations, and Bye-Laws emanating from The Charter shall be the basic law of the GNOC and shall inspire and prevail over The National Constitution of The GNOC. The GNOC further undertakes to comply with the Olympic Charter, in particular Rules 27 to 31 and Bye-Law to Rules 27 and 28 of the Olympic Charter.
AND WHEREAS in accordance with The Charter GNOC pledges to protect the Olympic Movement in The Gambia, promote sports, sports ethics, peace, women in sports, concerns for the environment and to fight against doping and other undesirable activities prohibited by The Charter;
The NOC of The Gambia, an organisation belonging to the Olympic Movement, duly represented by the undersigned, hereby undertakes to respect the provisions of the Olympic Charter and the World Anti-Doping Code and to abide by the decisions of the IOC. The NOC of The Gambia undertakes, in accordance with its mission and role at national level, to participate in actions to promote peace and to promote women in sport. It also undertakes to support and encourage the promotion of sports ethics, to fight against doping and to demonstrate a responsible concern for environmental issues.
NOW THEREFORE The GNOC adopts this Constitution to regulate its activities in accordance with The Charter.
1. Name, Headquarters, Nature, Legal Status and Jurisdiction Under the terms of the “Olympic Charter” and in accordance with the provision of law and regulations governing associations in The Gambia, the organisation, named THE GAMBIA NATIONAL OLYMPIC COMMITTEE is hereby set up by those individuals or organizations or legal entities abiding by this Constitution. The duration of the Association shall be unlimited. Its Headquarters shall be situated at the Olympic House, Bertil Harding Highway, Mile 7, P.O. Box 605, Republic of The Gambia but may be transferred to any other location of The Gambia by decision of the Executive Board.
The Association shall have legal personality and may sue or be sued in its name. The Gambia National Olympic Committee is a non-governmental and not-for–profit organization which exercises its jurisdiction over the whole territory of The Gambia.
2. Mission and Objectives
The mission of The GNOC is to develop and protect the Olympic movement in The Gambia in accordance with The Olympic Charter and in order to fulfil this mission, The GNOC pledges to co-operate with Government and Non Governmental bodies, and shall not under any circumstances associate with any activity which would contradict the Olympic Charter.
The Gambia National Olympic Committee shall serve as an operational link between National Sports Associations, the International Olympic Committee and other International Organisations. It shall, in the execution of its functions, and to the best of its ability, endeavour to remain true to the ideas and practices of the International Olympic Committee with which it shall retain its affiliate ties.
The aims of the Committee shall be as follows:-
(a) to ensure the development and protection of the Olympic Movement and sports in general;
(b) to observe and enforce the rules laid down in The Olympic Charter;
(c) to disseminate among young people an interest in sport and sporting spirit and to endeavour to incorporate in the teaching programmes of physical education the spirit of Olympism
(d) to ensure the creation of institutions which devote themselves to Olympic education with emphasis to the establishment and activities of National Olympic Academics, Olympic Museums and Cultural programmes related to the Olympic Movement.
(e) to take action against any form of discrimination and violence in sport;
(f) to fight against the use of substances and procedures prohibited by the IOC or the International Federations (IFS), in particular by approaching the competent authorities of the country so that all medical controls may be performed in optimum conditions; to adopt and implement the World Anti-Doping Code, thereby ensuring that the Gambia National Olympic Committee’s anti-doping policies and rules, membership and-or funding requirements and results management procedures conform with the World Anti-Doping Code and respect all the roles and responsibilities for NOCs that are listed within the World Anti-Doping Code
(g) to organise, together with the respective National Associations, the preparation and selection of competitors, thereby ensuring that the Gambia is represented at the Olympic Games, as well as at Regional, Continental and or otherwise International Games having the patronage of IOC;
(h) to undertake the organisation of these Games and other Sporting events when they are held in The Gambia;
(i) to submit proposals to the IOC with regard to The Olympic Charter, the Olympic Movement in general as well as the organisation and conduct of Olympic Games;
(j) to assist in the promotion, administration and organisation of Olympic sports in The Gambia;
(k) to preserve it’s autonomy and resist all pressures of any kind including those of a political, legal, religious, racial or economic nature that may prevent it from complying with the Olympic Charter;
(l) with the co-operation of The National Sports Council and The National Sports Associations to encourage high standards in sports;
(m) to establish and maintain relations with International Organisations responsible for the provision of Technical Assistance for the development of sport in the Gambia, particularly with the International Olympic Committee;
(n) to organise in collaboration with the recognised youth movements concerned, the participation of Gambians in Olympic youth and Cultural Camps;
(o) to assist in the training of coaches, athletes, officers and teachers;
(p) to assist in the provision and maintenance of the necessary infrastructure and equipment for the development of sporting activities and;
(q) to encourage and support initiatives in both the private and public sectors that could promote and develop sports in The Gambia.
(r) to participate fully in all Olympic Solidarity Programmes
2.3 Notwithstanding anything contained in this Article, The GNOC shall for all intents and purposes operate as an independent and autonomous body in accordance with The Charter and The Laws of The Gambia.
2.4 In accordance with the Olympic Charter Rule 28.4 Government or other public authority shall not designate any member to the NOC. However the NOC may decide at its discretion to elect as members representatives of such authorities.
3. Obligations and Powers
3.1 The GNOC shall participate in the games of the Olympiad by sending athletes and shall for this purpose, constitute, organise and lead the national delegation at the Olympic Games and at the regional, continental or world multi-sports competitions patronised by The International Olympic Committee.
3.2 The GNOC shall be responsible for the behaviour of the members of the national delegation.
3.3 The GNOC shall have exclusive powers for the representation of The Gambia at the Olympic games and at regional, continental or at world multi-sport competitions patronised by The International Olympic Committee; 3.4 The GNOC shall have exclusive powers to designate the city which may apply to organise Olympic Games in The Gambia.
4.1 The Gambia National Olympic Committee shall be composed of:-
a. All National Sports Association affiliated to the International Federation governing sports included in the programme of the Olympic Games, represented in the meetings of the General Assembly by two delegates each;
b. National Sports Associations affiliated to International Federations recognised by the IOC, the sports of which are not included in the programme of the Olympic Games, represented in the meetings of the General Assembly by one delegate each;
c. Gambian member(s) of the IOC, as ex-officio member(s);
d. Gambian members of the executive bodies of the International Federation (IFs) governing sports included in the programme of the Olympic Games;
e. Primary School Sports Association and Secondary School Sports Association represented in the meeting of the General Assembly by one delegate each;
f. The Gambia Special Olympics; The Gambia National Paralympics Committee; The Gambia Deaf Sport Association, represented in the meetings of the General Assembly by one delegate each;
g. 2 Active athletes, elected by the Athlete’s Commission, having taken part in the Olympic Games; however, the latter must retire from their posts at the latest by the end of the third Olympiad after the last Olympic Games in which they took part;
h. One Gambian personality who has rendered or continue to render exceptional services to sports on condition that he/she agrees to abide by the GNOC Constitution;
i. One Medical Adviser;
j. One Lawyer as legal adviser;
k. One media representative;
l. Honorary members/patrons which numbers shall not at any one time exceed ten (10); and
m. Such other persons as may be co-opted as members;
4.2 The members of The Gambia National Olympic Committee must be Gambian Nationals of full capacity.
4.3 No member of the Committee will incur personal liability for the debts or default of the committee unless such debts are incurred without the authority of the Committee.
4.4 The members of the GNOC shall perform their duties on a voluntary basis. They may however be reimbursed for travelling, subsistence and any other expenses in connection with their duties. They shall accept no salary or bonus of any kind in consideration for the performance of their functions.
4.5 The GNOC must maintain and regularly update a registry of all voting and non voting members affiliated to the GNOC, indicating in particular the member’s name, address, the date of membership, the type and category of membership and the membership status, which must be freely accessible to everyone.
4.6 Entities wishing to become a member of the GNOC shall send an official request and application file to the GNOC, including in particular a copy of the Constitution of the applicant entity, a copy of the certificate of affiliation to the International Federation (for an applicant National Sports Association), an updated list of its members, etc. The Executive Board shall review the application file (and, if necessary, hear the applicant) and shall submit a proposal to the General Assembly for review and approval.
4.7 As far as the National Sports Associations are concerned, they shall exercise a specific, real and on-going activity and shall act in accordance with the rules of their respective International Federations and the Olympic Charter. The GNOC shall not recognise more than one national federation for each sports governed by an International Federation.
5. Termination of Membership
Membership of the GNOC shall cease:
a. upon cessation of the existence of the Association to which the member belongs;
b. upon resignation or death;
c. upon expulsion by the General Assembly following a hearing given to the member concerned for the following reasons:
- non-payment of annual subscription, should such exist
- infringement of this Constitution or for any other reasons that the General Assembly may deem fit. In such cases the cessation of membership will be established by decision of the General Assembly
d. an IOC member expelled from the IOC.
6. Measures and Sanctions
When a member has failed to fulfil its duties and tasks, has infringed the Olympic Charter and/or this Constitution or has not respected or implemented the decisions or resolutions properly taken by the organs of the GNOC, he/she is subject to the following measures and sanctions (depending on the gravity of the facts and the level of damage or infringement):
Decision to pronounce a caution, a warming or a suspension is made by the Executive Board after having given an opportunity to the member concerned to be heard. The Executive Board shall report accordingly at the next meeting of the General Assembly.
Decision to pronounce an expulsion is made by the General Assembly (upon proposal from the Executive Board or not) and after having given an opportunity to the member concerned to be heard. Such decision shall be made in presence of a quorum of 2/3 of the voting members and with a 2/3 majority of the voting members present.
7. Organs of the GNOC
The organs of the GNOC shall be:-
a. The General Assembly;
b. The Executive Board.
8.1 The General Assembly
The General Assembly shall be the highest body within The Gambia National Olympic Committee.
The General Assembly shall compose of all members referred to in Article IV above and shall –
a. meet in ordinary session at least once a year in order to:
i) hear and adopt the President’s report;
ii) examine and adopt the report on the activities of the Executive Board presented by the Secretary General;
iii) examine the audited accounts of the previous financial year as presented by the Treasurer;
iv) Approve a budget for the year; and
v) In general decide on all items on its agenda.
b. Meet in EXTRAORDINARY SESSION at the request of at least one third of its voting members or at the instance of the Executive Board
c. Hold special meeting (the congress) every four years to elect members of the Executive Board.
8.2 The General Assembly shall meet in extraordinary session at the request of at least one third of its voting members at the instance of the Executive Board.
8.3 The General Assembly can validly act only on those items appearing on its agenda. Members shall be notified of the dates set for the session and the proposed agenda at least 30 days in advance.
8.4 Proposal s concerning the agenda must reach the Secretary General not later than fourteen days prior to the session. The final agenda shall then be circulated to all members no later than 7 days prior to the session.
8.5 Unless otherwise provided in this Constitution the General Assembly can validly act only if at least one half(plus one) of its voting members are present and decisions shall be made by a simple majority of the voting members present.
9.1 Each member referred to in Article IV subsection 4.1 (a) shall be entitled to 2(two) delegates with (1) one vote each; and each member referred in Article IV subsection 4.1 (b), (c), (d), (e), (f) and (g) shall be entitled to 1 (one) vote provided a voting member is not in arrears of subscription. Members under Article IV subsection 4.1 (h), (i) (j) (k) (l) & (m) do not have voting rights in the General Assembly of the GNOC.
9.2 When dealing with questions relating to the Olympic Games, only the votes cast by the Executive Board and by the National Associations affiliated to International Federations (Ifs) governing sports included in the programmes of Olympic Games are taken into consideration.
9.3 All National Associations affiliated to the IFs governing Sports included in the programme of the Olympic Games or the representatives designated by them must constitute the voting majority of the General Assembly, extraordinary session and/or special meeting (Congress) of the GNOC.
9.4 Voting will be by SECRET BALLOT or show of hands, except for the elections of the members of the Executive Board and/or for any vote on persons which much be conducted by secret ballot.
9.5 The GNOC shall not recognise more than one Association for each sport governed by an International Federation.
9.6 Any member suspended shall not be eligible to vote.
10. Executive Board
The officers and members of the Executive Board are elected for a term of office of four (4) years; they may be eligible for re-election. Between the sessions of the General Assembly, the affairs of the GNOC shall be administered by an Executive Board composed as follows:
a. The President and two Vice Presidents;
b. The Secretary General;
c. The Treasurer;
d. 3 Representatives of the National Associations referred to in Article IV subsection 4.1(a);
e. The member(s) of the IOC in The Gambia, if any, as ex-officio member(s);
f. 3 other persons as the General Assembly may from time to time elect, such persons shall include not less than two females;
g. One Gambian personality who has rendered and continues to render exceptional services to sports referred to Article IV subsection 4.1 (h) as a non-voting member;
The membership of the Board shall always reflect a majority of members who’s Associations are affiliated to International Federations governing sports included in the programmed of the Olympic Games. The procedure for election of the members of the Executive Board shall be as follows.
Nomination forms shall be sent to all voting members of the General Assembly no later than 40 days prior to the Elective General Assembly Together with the notice for the meeting.
Nomination may be submitted (with all pertinent information) by any voting member of the General Assembly no later than 28 days prior to the Elective General Assembly.
All voting members of the General Assembly will be notified of the names and brief background of the candidates for the different position within the Executive Board no later than 21 days prior to the Elective General Assembly.
An independent election commission composed of 3 members elected by the General Assembly will conduct and supervise the election process. The members of this commission must not be candidates; they must be independent and neutral and must have no interest in the election process
Elections must be conducted by secret ballot.
In cases where there is more than one nominee for a position, the candidate receiving the greatest number of votes cast shall be elected
11. THE OFFICERS OF THE COMMITTEE
11.1 The President
The President shall be elected at the Special General Assembly of the Committee for a period of 4 years, upon proposal of a member duly seconded.
The President and all other office bearers, must, at the time of their election and or appointment, be a delegate of a member.
The President, after consultation with the Executive Board, shall represent the Committee and shall preside over each assembly or meeting of the Committee or the Board. He shall be the highest authority of the Committee on matters of management and administration when the Assemblies and/or the Board are not convened.
The President, after consultation with the Executive Board, is empowered to approve every appointment for technical and administrative personnel that he deems necessary for the appropriate and most efficient fulfilment of the Committee’s operations.
11.2 The Vice Presidents
In the absence of the President, the 1st Vice President is vested with the powers of the President and in the absence of both the President and the 1st Vice President, the 2nd Vice President is vested with the powers of the President.
11.3 The Secretary General
A Secretary General shall be elected by the Committee at the Special General Assembly for a period of four years. The Secretary General must be a first degree holder.
The Secretary General shall:
a) receive all correspondence of the committee;
b) cause to be kept a Minute Book in which the Minutes of each meeting of the Committee and the Board shall be recorded and which shall be available for examination by an authorized representative of a Member;
c) send Minutes of an Assembly meeting to each Member as soon as practicable but not later than 30 days after the said Assembly;
d) appoint, with the President’s approval, the technical and administrative personnel of the Committee;
e) carry out the decisions of the Committee, the Board or the President and be responsible for the day to day running of the affairs of the Committee;
11. 4. The Treasurer
A Treasurer shall be elected by the Committee at the Special General Assembly for a period of four years. The Treasurer will be a first degree holder or of an equivalent professional qualification.
The Treasurer shall:
a. receive all fees and money due to the Committee;
b. cause to be kept accurate and proper books of accounts of the Committee;
c. prepare and present to a General Assembly a final audited balance sheet, a report of income and expenses, and a report of financial management;
12.1 Vacancies in the Office
The President, Vice Presidents, Secretary General, Treasurer or any person representing the Committee may be removed from office at a General Assembly or at an Extraordinary Session by a majority vote, provided at least 45 days prior notice of the intention to remove such person or persons has been given to him and to each member, provided that such notice establishes clearly the reasons of such intention and provided further that such person or persons are given an opportunity to be heard.
12.2 Any vacancy in the office of the President, Vice Presidents, Secretary General, Treasurer, due to resignation, death destitution from office, or other cause, must be filled in temporarily by the Executive Board and the person so appointed shall remain in the position until the next General Assembly or until removed for cause. The General Assembly shall elect a successor to fill the vacancy. The person so appointed shall remain in the position for the remainder of the term of office for which his predecessor was elected.
13. The meeting of the Executive Board shall be notified by the President at least eight days notice prior to the meeting, and the convening notice shall include the agenda of the meeting except for emergency meetings.
a) The meetings of the Executive Board shall be held at least once a month.
b) Urgent meeting of the Executive Board may be convened as it is necessary and/or extraordinary meetings of the Executive Board may be requested by the President or at least 1/3 of the members of the Executive Board.
c) The meetings shall be convened and chaired by the President. In the absence of the President, the First Vice-President (or in the absence of the First Vice-President, the Second Vice-President etc.) shall convene and chair the meeting.
d) The quorum required for a meeting of the Executive Board is half (plus one) of the members of the Executive Board.
e) All members of the Executive Board shall have one voting right each.
f) Decisions are taken by simply majority of the votes cast. In cast of tie, the Chairman of the meeting shall have a casting vote.
g) Voting shall be conducted by secret ballot or by show of hands as the case may be.
h) The Secretary General (or in his/her absence a member of the Executive Board designated by the Chairman) is responsible for establishing the minutes of all meetings the Executive Board. The minutes shall be circulated to all members of the Executive Board within seven (7) days following the meeting.
14 Technical Committee
The Executive Board shall set up Technical Committees to facilitate the conduct of its business.
The duties and functions of such committees shall be defined by the Executive Board in accordance with the internal regulations of the GNOC.
15 Administrative Secretariat
The Executive Board of the GNOC may be assisted by an Administrative Secretariat whose composition and functions shall be defined by the internal regulations. Members of the Administrative Secretariat shall be appointed by the Board of the GNOC.
The resource of the GNOC shall be derived from among others:-
a. Membership subscriptions to be determined by the General Assembly on the recommendation of the Board;
b. Subsidies from the State, public entities and other bodies;
c. Gifts and bequest that the General Assembly may accept;
d. Proceeds from events like Olympic Day, May Day Sports, from stamp issues, the exploitation of the GNOC emblem, publications and sale of printed materials, the granting of licenses to third parties for the use of The Gambia National Olympic Committee’s official emblem; and proceeds from any Olympic Movement related marketing activities.
e. Fees for services rendered.
The emblem adopted by the GNOC for use in relation to its activities, including the Olympic games, shall be subject to the approval of the IOC. The GNOC’s emblem includes the National Flag (in a circular form) surrounded by the inscription THE GAMBIA NATIONAL OLYMPIC COMMITTEE and the Olympic rings underneath, as depicted below:
18 Amendments of the Constitution
18.1 This Constitution and its subsequent rules may be amended, or the GNOC dissolved, by a General Assembly convened especially for the purpose with the provision that at least two thirds of the voting members shall attend and the decision shall be made by at least two thirds of the voting members present. Should this quorum not be reached the General Assembly shall convene a second time, at least 14 days following the previous session, and to amendments to this constitution or the disbandment may then be carried out by a vote of two thirds of the members present, irrespective of their number. Every proposed amendment to the constitution must be submitted to the Secretary General 30 day before the convening of the General Assembly.
18.2 Any amendments made under this Article shall be subject to the approval of the International Olympic Committee.
19 The working of the bodies of the GNOC may be detailed in regulations approved by the Executive Board and may make rules and regulations for the better functioning of the organs of the GNOC, subject to the provision of this Constitution and the Olympic Charter.
20. Dispute Resolution and Arbitration
Any sports-related disputes within the GNOC shall be resolved by the competent organs of the GNOC, with the GNOC General Assembly being the highest-decision making body of the GNOC. For the purpose the GNOC General Assembly may decide to make a final decision or may decide to establish any mediation, arbitration or disciplinary body to resolve the disputes. Any final decision made by the GNOC General Assembly on the dispute in question or by the mediation, arbitration for or disciplinary body set up by the GNOC General Assembly for that purpose may be submitted exclusively by way of appeal to the Court of Arbitration for Sports (CAS) in Lausanne, Switzerland, which would resolve the dispute definitively in accordance with the Code of Sports Related Arbitration. The time-limit for appeal is twenty-one days (21days) after the reception of the decision concerning the appeal.
21.1 The constitution of the GNOC shall, at all times, comply with the Olympic Charter to which it must refer expressly. Should there be any inconsistency in this Constitution, or omission or discrepancies between it and the provisions of the "Olympic Charter" , the latter should prevail.
21.2 This Constitution having been discussed by the General Assembly ratified and adopted it as the Constitution of the Gambia National Olympic Committee at a meeting held at the Paradise Suites Hotel, KSMD, the Republic of The Gambia on the 26th Day of May 2012.