Legal-Matters Page
Here you will find our legal issues such as our Constitution, site Terms of Use, Privacy Policy and Disclaimer Statement This page will provide you as a member or guest visiting our site,legal policy concerning our organization. This page is a must read page if you are planning to brouwse through this site. After reading the following legal page information you will have a good understanding of what the law allows you when joining or visit our site. If your questions are still not answered after reading the following information we have a " Contact Us page " feel free to contact us.
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THE CONSTITUTION OF BENGOMA
The BENGOMA constitution defines every thing about our organization from Leadership roles to funds attainment and allocation to meeting procedures. Our constitution is what makes us a sanctioned part of Culture. Especially for those who are seeking to run for leadership position within BENGOMA, Please read the constitution carefully for terms of eligibility and process.
Preamble
We the Liberian Mandingos in The Netherlands:
Having realised the need to create and organise a formidable organisation with the main aim of fostering brotherly and sisterly love, unity and peace and, Having resolved to live in harmony, to practice fraternal love, tolerance, care for one another; and, Having being fully mindful of our obligations to fully integrate ourselves into the Dutch society and contribute constructively towards the social, moral and cultural enhancement of conditions both in Liberia and Our host nation, The Netherlands, Do hereby solemnly make, establish, proclaim and publish this Constitution and Bylaws for the sole governance of BENGOMA.
Note: This Constitution and Bylaws shall in no way be used by any individual or group of individuals to intimidate, harass or molest any member of this organisation.
Click on below to view the articles -
ARTICLE 1: NAME AND MOTTO
SECTION 1. Name
The name of this organization shall be "BENGOMA", meaning in English, "speaking with one voice".
SECTION 2. Motto
The motto of this noble organization shall be "BENYADIA". Meaning, to preserve and promote strong cultural bond amongst its members.
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ARTICLE 2: AIMS AND OBJECTIVES
SECTION 1: OBJECTIVES
The aims and objectives of this organization shall include the following;
- To preserve and promote the ethnic Liberian Mandingo culture and traditions in the Diaspora.
- To conscientise the members about their reintegration in to the Dutch society.
- To promote cultural ties with our host country and other affiliated organizations.
- To promote brotherly and sisterly love, unity, peace, stability, equality, and justice with opportunities for our social, moral, spiritual and cultural advancement of our society for ourselves and for our posterity.
- To organize charitable programs and solicit assistance with the sole aim of enhancing the operations of Bengoma and the underprivileged in Liberia.
SECTION 2 : SUBSCRIPTION TO THE OBJECTIVES
All persons desiring to become members of this organization shall subscribe to the objectives of this organization.
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ARTICLE 3: MEMBERSHIP
SECTION 1. ADMISSION TO MEMBERSHIP
The organization shall be opened to all Liberian ethnic Mandingos living in The Netherlands regardless of Sex, age, political opinion or religious affiliations .
Paying a registration fee and filling membership form shall be considered a formal registration for member(s) of this organization.
SECTION 2: DESCRIPTION OF MEMBERSHIP
Membership shall be categorized in the following:
- Ordinary membership: Refers to all Liberian Mandingos who find themselves living and /or working in the Netherlands. There shall be two forms of this type of membership. Namely; Active membership and Passive membership.
- Active membership: Shall be individual who meets all his/her financial and moral obligations to the organization and vows to execute the aims and objectives of the organization.
- Passive membership: Shall be individual who loves the aims and objectives of the organization but does not commit him/herself fully to his /her financial and moral obligations to Bengoma, thereby passively participating in the execution of the organization?s goals.
- Affiliated membership: This shall be individual(s) who is/are desirous to become members(s) of this organization. Such individual(s) must have a Liberian ethnic Mandingo parental or marital background.
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ARTICLE 4. LEADERSHIP
SECTION 1. LEADERSIP HIERARCHY
The Executive Committee shall govern the organization with the assistance of the advisory board, standing and ad hoc committees.
SECTION 2: THE EXECUTIVE COMMITTEE
The executive committee shall be comprised of the following positions;
- General Chairperson (elected)
- Vice Chairperson (elected)
- Secretary General (elected)
- Assistant Secretary General (appointed)
- Chairperson for Women?s Affairs (appointed)
- Coordinator (elected)
- Treasurer (elected)
- Financial Secretary (appointed)
- Public Relation Officer (PRO) (appointed)
Member(s) of the executive committee shall be in good financial and moral standing with the organization. All positions within the executive committee shall be appointed with the exception of the following positions, which, shall be elected. The positions are;
- General Chairperson
- Vice Chairperson
- Secretary General
- Treasurer
- Coordinator
The appointments shall be done by the General Chairperson in consultation with members of the executive committee.
SECTION 2(a):
The Executive Committee shall have the general charge, management and control of the affairs, funds and properties of the organization.
SECTION 2(b):
All members with at least two years good record membership with the organization and prepare to carry BENGOMA to a higher heights shall contest positions in the executive committee with the exception of the General Chairperson, the Vice Chairperson and the Treasure which shall require the Dutch residency.SECTION 2(c):
The Executive Committee shall be elected by two-thirds majority of the membership.
SECTION 3: THE ADVISORY BOARD
The Advisory Board shall be composed of five members and shall be headed by an elderly and respected person within the community.
This board shall be consisted of the following officers:
- Chairperson
- Vice Chairperson
- Secretary
- Member
- Member
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ARTICLE 5. MEETINGS
SECTION 1 : GENERAL MEETINGS
General meetings shall be held at the end of every two months. The exact date and time shall be determined by the executive committee.
SECTION 2 : VENUE OF THE MEETINGS
All general meetings of the organization shall be held at a place agreed upon by the membership or made known to the membership by the Executive Committee at the end of the last general meeting. Venue, date and time of all emergency and executive meetings shall be decided by the Officials.
SECTION 3 : EXECUTIVE COMMITTEE MEETINGS
The executive committee shall hold policy meeting at the end of every month. The committee shall agree upon the time and venue of such meetings.
A majority of the Executive committee members shall constitute at least two-thirds majority for making decision on behalf of the organization.
SECTION 4 : EMERGENCY MEETINGS
The Executive committee shall meet upon call from the General chairperson on urgent matters of vital importance. The Executive committee may also call emergency meetings of the general membership when deemed very necessary.
SECTION 5 : QUORUM FOR GENERAL MEETING
A quorum shall require the presence of two-thirds majority of the full-fledged membership of the organization. Failure to acquire such a quorum shall lead to the adjournment of the general meeting without notice other than the announcement at the meeting. The adjournment of a general meeting shall in no way exempt any member from paying his/her meeting dues. Let it be known that meeting dues are very essential for the day to day running of this noble organization. Efforts must therefore be made by all members to meet this financial commitment.
SECTION 6 : MEETING ATTENDANCE
- Member(s) of the organization shall attend all general meeting when served with citation or for some reasons verbally informed.
- Members who are served with citations twice but failed to attend general meeting without a tangible reason shall pay a fine to be determined by the executive committee. A third absentia of any member with out a genuine reason shall lead to him/her been considered a Passive member.
- A warning letter shall be served to any official who fails to the general meeting twice in a row with out a concrete reason. His/her failure to attend the third general meeting shall lead to relinquishing him/her from his/her official position, thereby becoming an ordinary member. A fourth absentia shall lead to that inpidual been considered a passive member.
- A member shall be permitted by the chair to speak when meetings are in session.
- Violators(s) of this golden rule shall be fined an amount of One (1) Euro. This amount shall be paid on the spot. Any other repeated disturbance by the same member shall be met with the same or a tougher penalty of Five (5) Euros.
- Member(s) found using obscene languages/fighting while meeting in session shall be fined an amount of Two Euros fifty cents (2,50) which shall be paid on the spot. Refusal to pay this amount shall lead to him/her been asked to excuse the meeting. He/she will be required to write a letter of apology to the body and pay a fine of Five (5) Euros upon his/her arrival to the next general meeting. d.Official(s) found using obscene languages/fighting while meeting in session shall be fined an amount of Five (5) Euros, which shall be paid on the spot. Refusal to pay this amount shall lead to him/her been asked to excuse the meeting. He/she will be required to write a letter of apology to the body and pay a fine of Ten (10) Euros upon his/her arrival to the next general meeting.
- Official(s) found using obscene languages/fighting while meeting in session shall be fined an amount of Five (5) Euros which shall be paid on the spot. Refusal to pay this amount shall lead to him/her been asked to excuse the meeting. He/she will be required to write a letter of apology to the body and pay a fine of Ten (10) Euros upon his/her arrival to the next general meeting.
- Late comers in to meeting are advised to quietly enter and do everything possible to avoid unnecessary distractions.
SECTION 7 : DISTURBANCE (S) DURING MEETINGS
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ARTICLE 6. COMMITTEES
SECTION 1 : FORMATION OF COMMITTEES
The Vice-Chairperson shall in consultation with the General Chairperson appoint officers to chair the ad hoc committees and other such committees as desired. Appointments shall be made at any time deemed necessary.
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ARTICLE 7. AMENDMENTS
SECTION 1.
A full-fledged member of BENGOMA may propose any amendments to this constitution. Such a proposal must however be done in writing.
SECTION 2.
Two-thirds majority of the membership shall be necessary in order to approve any amendment to this constitution.
SECTION 3.
Amendments to this constitution shall be recommended for approval by a standing committee. This committee shall review the amendments and decide whether to approve or disapprove the said amendments. An approval will automatically pass the amendments in to laws of the organization. A disapproval of the amendments by this committee shall lead to the amendments been redeliberated by the membership. After such deliberation, a second two-thirds majority of the membership shall be required to automatically pass the amendments in to law.
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ARTICLE 8. DISSOLUTION
SECTION 1 : DISSOLUTION
In the event of dissolution of the organization, the residual assets shall be distributed among the Liberian assistance funds in the Netherlands and Liberia.
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ARTICLE 9. DUTIES AND RESPONSIBILITIES OF OFFICERS
SECTION 1 : THE GENERAL CHAIRPERSON
- The General Chairperson is the chief executive of the organization and shall preside at all general meetings of the organization except otherwise.
- The General Chairperson shall have general responsibilities for all the activities of the organization and shall see to it that all efforts are been made to achieve the aims and objectives of Bengoma.
SECTION 2 : THE VICE-CHAIRPERSON
He/She shall;- Monitor the affairs of the organization in designated areas with the consultation of the General Chairperson.
- Oversee the functions of the various committees and shall receive regular briefings from the Coordinator on the functions and activities of the sub-regional heads.
- Assist and counsel the General Chairperson when necessary.
- Also automatically assume the function and responsibilities of the General Chairperson incase of death, serious illness or absence of the General Chairperson.
SECTION 3 : THE SECRETARY GENERAL
He/She shall;
- Keep records of all proceedings, actions and meetings of the organization.
- Have custody of the organization?s bylaws and constitution.
- Send out citations and arrange general and emergency meetings in consultation with the General Chairperson.
- Perform all duties specified for the secretary in the bylaws.
- Keep such other records and perform such other duties normally associated with the organization?s secretary general.
SECTION 4 : THE ASSISTING SECRETARY GENERAL
- In the absence of the Secretary General, the Assistance Secretary General shall automatically assume the responsibilities of the Secretary General.
- He/she shall be called upon by the Secretary General at all times to render his/her assistance.
SECTION 5 : THE CHAIRPERSON FOR WOMEN'S AFFAIRS
He/She shall;
- Serve as chair for women's affaire of the organization.
- Plan and supervise the activities concerning the women in the organization with the advice and consent of the General Chairperson.
SECTION 6 : THE COORDINATOR
He/She shall;
- Co-ordinate the affairs of the sub-regional heads of the organization.
- Assist in the planning and monitoring of social events of the organization.
- Be responsible to appoint sub-regional heads in consultation with the vice-chairperson.
SECTION 7- THE SUB REGIONAL HEADS
The Sub - regional heads shall:
- Consult the Coordinator on progress report within their regions
- Keep their regions informed about the plans and activities of the organization.
- Prepare progress report for every general meeting once in every two months.
- Carry out massive mobilization and recruitment of new members.
SECTION 8 : THE TREASURER
The Treasurer shall:
- Receive all revenues of the organization and shall deposit the same in an approved bank account in the name of the organization.
- Disburse funds by check or cash for expenses incurred by the organization.
- Keep regular and accurate accounts of all funds and shall, at all times, have accounts open for inspection by the General Chairperson.
- Prepare and make available financial records to the organization when required.
- The organization?s Bank pass shall also be in the custody of the Treasurer.
- keep not more then Hundred (100) Euros with him/her as petty cash for expenditures.
- Disburse funds by check or cash for expenses incurred by the organization.
SECTION- 9 THE FINANCIAL SECRETARY
The financial Secretary shall:
- Assist and counsel the Treasurer on all financial matters.
- Keep all financial records according to the Dutch accounting laws and principles.
- Prepare and make available financial records when required by the internal leadership of the organization
- Make available financial statements to the membership twice in a fiscal year.
- Send out (externally) financial information of the organization in consultation with the General Chairperson and Treasurer.
SECTION 10 : THE PUBLIC RELATION OFFICER (PRO)
The Public relation officer shall:
- Be responsible to publicize all events of the organization.
- Oversee the publication of the organization?s newsletters in consultation with the Secretary General.
- Work with the Secretary General and the Coordinator to prepare and mail meeting events to the organization?s membership.
- Assist in conducting or/and arranging workshops and seminars for the membership.
SECTION 11: THE ADVISORY BOARD
This noble body shall:
- Assist and counsel the Executive Committee and other committees of the organization on their functions if the need arises.
- Intervene in case of conflict between/among the members after the failure of the Executive committee to resolve such dispute.
- Do everything possible to resolve problems arising among the Executive Committee members.
- Be appointed by the Executive Committee and unanimously approved by two-thirds majority of the organization?s membership. This Board?s members shall serve for an indefinite terms, if accepted by the incoming Executive Committee. Thus, changes to this board shall be made from time to time when deemed necessary.
SECTION 12 - THE ELECTION COMMISSION
- All elections shall be arranged, organized and supervised by the Election Commission.
- This body shall be appointed by the Executive Committee and approved by two-thirds majority of the membership.
- Members of this body shall remain neutral through out the election.
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ARTICLE 10. ELECTION
SECTION 1 : ELECTING OF OFFICIALS
- There shall be an election by secret ballot for the elected positions in the Executive Committee after every two years.
- All elected officers of the Executive committee may not stand for more than two consecutive terms.
- The new officers shall take office at the first general meeting following the general election.
- Active members with good standing record with the organization shall apply in writing at least two months in advance to the election commission to declare their intentions for the vacancies in the executive committee.
- Passive members of the organization do have the right to cast their votes, but can not be voted for.
- Aspiring candidates for the position of General Chairperson, Vice- Chairperson, and Treasurer shall have official residence in The Netherlands.
- Aspiring candidates for the position of Financial Secretary shall have basic skills and knowledge in Accounting.
- Two -thirds majority of the membership shall constitute a quorum for election of officers. A winner shall be declared by a simple majority. If no nominee receives a majority vote in the first round, a second round of voting shall be held between the two leading candidates to determine a winner by a simple majority.
- If any office shall become vacant between regular elections, a by- election shall be held at a regular general meeting to fill any and all vacancies created thereby. The officer(s) elected at that time shall serve until the next regular election.
- Aspiring candidates or voters may write a letter of proxy at least two weeks ahead of the election, to the election commission.
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ARTICLE 11. FINANCES
SECTION 1 : REGISTRATION FEE
Members of the organization shall pay a registration fee of Five (5) Euros and fill in a membership form in order to be partially considered a full-fledge member of this organization.
SECTION 2 : MEETING DUE
- All members shall pay an amount of Five (5) Euros as meeting due.
- Failure to pay this amount by any member without a tangible reason for two consecutive meetings shall pave the way for his/her Passive membership.
- Changes needed with respect to this meeting due shall reach the consensus of the entire membership.
SECTION 3 : EXPENDITURES AND WITHDRAWALS
(a) The expenses of the organization shall be borne by the following;
- Meeting dues
- Registration fees
- And other funds received or generated from external sources.
(b)The Chairperson, Treasurer and the Financial Secretary must approve all expenditures and withdrawals that will exceed an amount of Hundred (100) Euros from the organization?s account.
SECTION 4 : FINANCIAL RECORD / AUDITING
- The organization shall abide by the Dutch accounting laws and principles.
- The organization?s book shall be audited each year by a special Auditing Team set up by the General Chairman and shall be agreed upon by two-third majority of the entire membership.
SECTION 5 : THE MINIMUM AMOUNT IN THE TREASURY
- The organization shall at all times have an amount not more than Hundred (100) Euros as petty cash.
- The rest of the organization?s funds/cash shall be kept in the organization?s account.
SECTION 6 : FUNDS RAISING
- The organization shall conduct fund raising programs to support its activities.
- No person(s), officer(s) or member(s) may in the name of the organization solicit gift(s) or contribution of any kind without the knowledge and approval of the Executive committee.
SECTION 7 : CONTRIBUTION AND GIFTS
The organization may receive contribution from governments, Non Governmental Organizations (NGO?S), members and other well wishers who appreciate and support the aim and objectives of BENGOMA. This contribution may take the form of cash or kind. -
ARTICLE 12. IDENTIFYING WITH MEMBERS
SECTION 1 : IN TIMES OF JOY
- The organization shall be represented by special representatives to the marriage and Child naming ceremonies of members if duly informed. Members are required to inform the Executive Committee of such ceremonies at least two weeks before the occasion.
- The organization shall play a pivotal role in making such occasion(s) a success if duly and timely informed.
SECTION 2 : IN TIMES OF DISTRESS
- The organization deeply grieves the death of any member?s relative(s) and shall quickly dispatch emissary to sympathize with the bereaved family.
- Members who are seriously ill or hospitalized shall receive quick visitation from the organization.
- The officials must be properly and timely informed to facilitate such a quick dispatchment.
SECTION 3 : IDENTIFYING WITH PASSIVE MEMBERS
Problems brought to the attention of the organization by Passive members shall not be given priority, but shall be considered.
SECTION 4 : OTHER FORMS OF IDENTIFICATION
The Executive Committee shall determine other forms of identifying with the joy and sorrow of members. Members are encouraged to actively participate in the upliftment of the organization since the level of member?s participation shall play a vital role in determining the form(s) of assistance to be rendered to the inpidual by the organization.
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ARTICLE 13. ENACTMENT
SECTION 1 : ADOPTION
- This constitution and these bylaws were adopted by vote of the entire membership and the Standing Committee of the organization on June 28,1998 and was revised and approved by two-thirds majority of the membership on June 3, 2004.
- Below is the list of the inpiduals who were given the noble task to revise the constitution and bylaws of BENGOMA:
- Mr. Oumar Conneh - Chairman
- Mr. Amadu Kromah - Vice Chairman and Secretary
- Mr.Sidiki Kosiah - Member
- Mr.Adam Sesay - Member
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