Weighing in on the “Dual Nationality” Discussion in ULAA’s Constitution
By Siahyonkron Nyanseor
Snyanseor@theperspective.org
The Perspective
Atlanta, Georgia
January 17, 2008
Also, among many traditional African societies the ideals of mutuality and reciprocity were important aspects that shaped the daily social relations among them. However, since with all human societies it is rare not to have social tensions, there were occasions when mistrust among members of a group or society emerged. The Zulu Proverb - Kushayw'edonsayo is intended to underscore the relations among people under circumstances of mistrust that later creates social tensions. This proverb is used to capture the early symptoms of a potential conflict when all norms regulating social behaviour are thrown out of the window and the ideals of mutuality and coexistence ignored. The proverb thus serves to show how adversaries create disharmony and tensions among individuals seeking to achieve the same ultimate results for their people.
This brings us to the subject of our discussion: Dual Nationality in ULAA’s Constitution for which the founders and framers of the constitution have become the lead cow (the one in front) that gets whipped the most for being the leader.
Meanwhile, I must applaud those who are involved in the discussion of the “Dual Nationality” provision in the Constitution of ULAA because they have departed from the old norm in Liberia – to “Leave the people’s thing alone.” The good thing about our discussion is there are individuals still alive who participated in the founding and framing of the Constitution of ULAA that can provide the “original intent” of the framers. In this regard, I will concentrate my discussion on three key areas in this article; they are: I. Frequent Changes, Revisions and Amendments to ULAA’s Constitution; II. The Issue of Dual Nationality, and III. The Recommendation to Change the Name from the Union of Liberian Associations in the Americas to the Union of Liberian Associations in America.
Before I begin my discussion, let me first tell you why I feel I am in the position to provide the “Origin Intent” of the founders and framers of ULAA’s Constitution. As a founding member and one who participated in the discussion of the drafting of the first constitution of the Liberian Students Association, which later became the Union of Liberian Associations in the Americas and Canada, I am in the position to bring some clarity to the discussion. Also, see the “History and Vision of the Union of Liberian Associations in the Americas (ULAA), Inc.” of which I am the author. Secondly, I served as the eleventh President of ULAA (1986-1988).
And for whatever it may worth, in 1972, the late Gabriel Baccus Matthews and I served on the Task Force of the Liberian Students Association; the Task Force was assigned the responsibilities of forming an umbrella organization that would include all Liberians residing in the United States and Canada. G. Baccus Matthews chaired one of the committees of which I was a member. In 1973, at the final meeting that was held at Drexel University, Philadelphia, Pennsylvania; our committee was assigned the task of coordinating, and compiling the final report, which was to be submitted to the general body. To my surprise, I was left out of this process. The excuse was, I could not be found, yet, the final report had my name as a member; so I protested that if my name had to be included, the committee had to reconvene for me to make my contribution to the final draft. After 35 to 45 minutes’ debate, a consensus was reached for the committee to reconvene; we met and put the finishing touches to the report; and the end result is the birth of the Union of Liberian Associations in the Americas (ULAA) and Canada.
This episode is captured in the letter Ambassador Joseph Saye Guannu addressed to me when I was Chairman of ULAA’s 1983 Elections Commission. The letter is dated April 12, 1983. Excerpts from the letter reads: “…It would not be presumptuous on my part if I refer to you as a Pioneer of the Union indeed, one of its Founding Fathers. I can vividly recall, among others, that at the Philadelphia Conference of 1973 your timely intervention in the crucial debate cleared the way for the decision which culminated in the establishment of the Union. Since then I have observed with interest and admiration your invaluable services to the Association.” Copy of Ambassador Guannu’s letter can be found in the article: “G. Baccus, A Member of My Generation that Could not Leave the People’s Thing Alone”. The article is published in The Perspective’s September 11, 2007 Edition.
Now, let’s begin by looking at:
I. Frequent Changes, Revisions and Amendments to ULAA’s Constitution
After all, it is not uncommon in modern African political culture to blame all sorts of social, economic, political, and societal ills on the way a constitution of a country is written. There is always this general expectation for the national constitution to be precise to the point of covering every social, economic or political loopholes imaginable, or the constitution is deemed to be ambiguous and must therefore be changed or re-written. This is true in most African and developing countries, and the drafting of a new constitution in Liberia in 1983, rather than amending the country’s 1847 constitution speaks volumes to this fact.
Personally I feel that the Liberian constitution of 1847 should have been amended in so far as to the preamble and other controversial articles that were seen to be inimical to the new realities of the country. But, regrettably, the useless exercise of rewriting an entire constitution from scratch rather than amending its obsolete provisions has somehow found a following in many Liberian civil, social, and political organizations, including ULAA.
Moreover, due to ULAA’s strategic position as a vanguard organization of all Liberian associations in North America, and the enormous role it could play in uniting and promoting the welfare of Liberians in the Diaspora, I shall focus on why the frequent re-writing of the ULAA Constitution from one administration to the next may not be in the best interest of the organization. However, let for a moment go back in time when there was no written constitution, yet, there were people in those societies who were looked up to - to interpret the RULES that governed these societies; although, they were not written, but by practice and observation, they became rules. It was these rules that became laws from which modern constitution is derived.
Where these rules precise and comprehensive? The answer is NO. Constitution is subject to interpretation. There are those in society who are charged with the responsibilities of interpreting constitutions by looking at the “Original Intent” of their framers and the period they were written. In the United States, these individuals are called “Constitutional Scholars.”
In short, constitutions are written to address pressing issues of the period for which they were written. Yet, provisions are made to address future problems - through amendments. The framers of the US Constitution knew that the government that they were creating would have to meet the changing needs of the growing nation. They could not possibly foresee all the changes the United States would undergo; therefore, provisions such as Amendment, Interpretation, and Custom became the means by which these issues were to be resolved.
To further our discussion, let’s look at the US Constitution for a moment. The US Constitution is a document that has withstood the test of time. It is a document that serve as “…a pattern for all future constitutions and will receive the admiration of all future ages”, says one admirer. Has the document been changed or re-written? The answer is No. One may ask, what makes the US Constitution so unique and durable?
First, the US Constitution serves as a departure from the English system of government, which has unwritten constitution; at that time, the unwritten English constitution gave the king or queen supreme power over the English people. Second, the US Constitution introduced the idea of a government by consent of the governed and not by birthright. Third, the US Constitution established goals (Preamble), i.e., 1. To form a more perfect union; 2. To establish justice; 3. To insure domestic tranquility; 4. To provide for the common defense; 5. To promote the general welfare, and 6; To secure the blessings of liberty. These goals were then transformed into a representative form of democracy, and a republic that is based on the consent of the people.
The framers of the US Constitution, too, believed that a government must receive all its powers from the people it governs, and that the government must not use any powers that the people did not grant it. Moreover, the framers believed that the people must give their consent before the government is considered legitimate. They did so to prevent abuse like the one they broke away from in the English system; therefore, the framers created three separate, but equal branches of government: Legislative (Congress) – makes laws; Executive (President) – carries out and enforces the laws, and the Judicial (Courts) - interprets the laws and punishes lawbreakers. This is called “Checks and Balances” in the system.
In addition, the US Constitution has allowed for the co-equal nature of these institutions with clearly defined roles and responsibilities. These three branches have also become the cornerstone and the foundation of Western democracy. Since a constitution is an organic document – a living organism, an embodiment of the wishes and aspirations of a nation and its people, it is subject to change based on evolving new realities. These changes take effect through the amendment provision provided in the constitution.
To the contrary however, most developing countries, especially African nations and their civic organizations have serious problems with the process of amendment in their respective constitutions. To further our discussion, I will now concentrate on the Constitution of ULAA.
Some how, it has become a common practice in ULAA that whenever a new leadership assumes the responsibility of the organization, it turns into a contest as to how to upstage the previous leadership. The incoming leadership usually abandons the programs their predecessor started or did not complete. The new leadership comes up with a complete new set of programs with no regards to the programs started by the outgoing administration. I guess it is intended for the new leadership to get credit. What the new leadership failed to realize is, a two-year tenure is not enough time to complete one’s program or achieve one’s goals; herein lies some of the problems that have plagued the Union for years.
A classic example of this practice is, in 1994, a Constitution Committee was set up to review and amend ULAA’s Constitution; the Committee was chaired by J. Nicholas Reffell. The Committee had intended to change the Logo of ULAA because the leadership had no idea what the symbols in the logo stood for. Instead of finding out, they decided to do away with the logo. Someone brought it to my attention; so I intervened at the very last moment, provided the interpretation for the symbols. Yet, in the end, the logo was not only minimized, it was desecrated in the revision process. Today, most members of ULAA are not aware of the meanings of the symbols.
Find below both logos:
Current Logo
NOTE: The Original Logo looks like a bird in the Map of Liberia
Original Logo
The RISING SUN - represents the dawn of a new day; it also indicates a new beginning for new ideas and progress.
The THREE HUTS - depict our African Heritage/Culture. They also represent the coming together of the Settlers, Indigenous and later, the Emigrants with the focus on Community and Unity.
The PALM TREES - represent Diversity and Wealth.
The TWO CUTLASSES - signified Bravery and Strength in defense of our Country and Beliefs.
The letters ULAA - is the acronym for the UNION OF LIBERIAN ASSOCIATIONS IN THE AMERICAS.
One can hardly make up the images in the revised logo.
A. Custom, Tradition and Precedence:
This brings us to the discussion of Custom, Tradition and Precedence. As you shall clearly see, not everything is written in a constitution. For example, a number of changes or practices in the US government have come about as the result of custom, tradition and precedence. The US Constitution did not provide for regular meetings of the leaders in the Executive Branch of the government. However, President George Washington brought these leaders together regularly to serve as his advisors, which is known today as the Cabinet. Since that time, regular meetings between the President and his Cabinet have become an acceptable part of the tradition of the US government. Up to the present, there is no written law to that effect.
Moreover, there are other important traditions that have since developed. These traditions are followed regularly. Yet, they have seldom been written down or made into laws. For this reason, they are sometimes called unwritten constitutional laws.
ULAA is no exception t this practice. ULAA too, has such a tradition. One that readily comes to mind is the July 26 celebration each year. The celebration of July 26 is not a constitutional requirement that is found in ULAA’s Constitution, but we do it as a Custom/Tradition.
II. The Issue of Dual Nationality
On the issue of “Dual Nationality” I beg to differ with my brother and colleague, Bai M. Gbala, the 6th President (1979-1980) of ULAA and those who argue that the framers were wrong for inserting in ULAA’s Constitution the “Dual Nationality” provision, since their country of origin – Liberia does not recognize dual citizenship. This discussion received compelling arguments in support as well as against the provision from individuals such as, Nat Galarea Gbessagee, Nyenpan Tarpehdoe, Sam Togba Slewion, Anthony Varfilay Kesselly, James A. Kollie, Jr., J. Nagbe Sloh, Benjamin Arthurson, Abraham Gasumu Massaley, Arthur B. Dennis, etc.
As you shall see, the fact remains that the framers of ULAA’s Constitution never included the “Dual Nationality” clause in the original constitution. They knew what they were doing when the original constitution was drafted and approved. The various revisions, changes and amendments to these constitutions did not have it either, until recently.
Let’s look at the various revisions; we will start with the July 4-5, 1975 version of the Constitution, which reads:
ARTICLE II – TERRITORIAL JURISDICTION
The Union shall have jurisdiction over all Liberians in the areas within the official boundaries of those continental bodies universally recognized as North America and South America, including all islands surrounding and part of the national political entities of these continents.
ARTICLE III – MEMBERSHIP
Section 1: Membership of the Union shall be reserved and restricted to Liberians and their local organizations in the areas included in the territorial jurisdiction of the Union. The non-Liberian spouse of those eligible for membership may be recognized as full members provided a written declaration of intent is filed with the appropriate officers of the Union. (As Amended by the General Conference of the Union – July 4-5, 1975)
ULAA’s Amended version of the September 6, 1976 Constitution reads:
ARTICLE II – TERRITORIAL JURISDICTION (Remains unchanged)
ARTICLE III – MEMBERSHIP (Remains unchanged)
ULAA’s Amended version of the September 4-6, 1978 Constitution reads:
ARTICLE II – TERRITORIAL JURISDICTION (Remains unchanged)
ARTICLE III – MEMBERSHIP (Remains unchanged)
ULAA’s Amended version of the July, 1982 Constitution reads:
ARTICLE II – Changed from “TERRITORIAL JURISDICTION” to PRINCIPLES AND OBJECTIVES
1. TO ESTABLISH a system of communication among Liberians in the Americas through unification and integration;
2. TO STIMULATE and encourage scholarly endeavors among Liberians in both the Americas and Liberia;
3. TO CREATE a framework for the examination and discussion of issues relating to the welfare of Liberia as well as for the presentation of views and opinions;
4. TO PARTICIPATE actively in Pan-African and related affairs aimed at promoting the welfare of Africa and its people; and
5. TO PROVIDE and/ or coordinate services to Liberians and their local organizations in the Americas as may be determined from time to time.
ARTICLE III – MEMBERSHIP (Changed)
Membership shall be extended to Liberian Community Associations in the United States. However, where no such community association exists, individual Liberians in such areas and their spouses may qualify for membership by submitting a written letter or memorandum of intent to become a member to the President, or by actually participating in the affairs of the Union.
Section 1: Honorary membership may be bestowed upon those individuals, ineligible for regular membership, whose distinguished support and services to the Union [,] the organization finds worthy of [the] recognition. Such recognition shall be given by the President of the Union with the approval of the Board of Directors. Honorary membership shall, however, remain a purely ceremonial status: privileges accompanying the grant[ing] of this title shall not include the right to vote or hold a Union office.
ULAA’s Amended version of the October, 1994 Constitution reads:
ARTICLE II – PRINCIPLES AND OBJECTIVES (Remains unchanged)
ARTICLE III – MEMBERSHIP (Changed)
Membership shall be extended to all Liberian Community Associations in the United States. Membership shall be extended to any Liberian organization that have at least 15 (fifteen) percent of members in the community or 20 (twenty) members, which is less. However, where no such community association exists, individual Liberians in such areas and their spouses may qualify for membership by submitting a written letter or memorandum of intent to become a member to the President, or by actually participating in the affairs of the Union with the approval of the Board of Directors.
Section 1: Honorary membership (Remains unchanged)
However, the current discussion centered on the July 8, 1997 Ratified Version of the Constitution of ULAA.
CHAPTER X – Election of Officers of the Union
Article 58: The National Administrative Officers of the Union shall meet the specific qualifications and requirements of their offices as contained in the National Elections Law of the Union. In general, all candidates for the national offices of the Union shall be 25 years or older, maintain Liberian citizenship (by birth or naturalization or dual nationality); a high school graduate or above; legal resident of the USA or North and South American Countries, member in good standing with a Union member-organization, and demonstrated leadership in a Liberian organization.” (Drafted September 29, 1996 and Ratified July 8, 1997)
Fellow Compatriots, with the exception of what I considered unnecessary changes, revisions and amendments to ULAA’s constitutions, the April 21, 1974 Covenant was established in accordance with the Laws of the host country, not Liberia. Therefore, the replacement of “A person of Liberian origin, children and spouse” or “Liberians and their local organizations… and their non-Liberian spouse” circumvented the original intent of the framers of the constitution. The inclusion of “Dual Nationality” changed the original intent and purpose of forming this august organization. To tell the truth, I do not understand what is meant by “Dual Nationality”. The most important factor that came into play during the formation of ULAA was, as citizens Liberia, we came together to form an organization for the sole purpose of associating with one another and to promote the welfare of the Liberian people and persons of Liberian original and their spouses living in the Diaspora. Since some of our members were already married to Americans and have had children through these unions, we could not denied their spouses and children from becoming members of ULAA on the ground that our country of origin/birth does not recognize “Dual Citizenship! This idea was never a part of the discussion. Our concern was how to support one another here in the Diaspora and at the same time make valuable contributions to Liberia. The direct result of this concern is the formation of the Liberian Students Association (LSA) in 1972. it is from the 1972 Constitution of LSA that succeeding constitutions of ULAA evolved from. In the 1972 Constitution, the requirement for membership was: “A person of Liberian origin, offspring (children) and spouse.”
As a point of fact, I was a naturalized American citizen when I became President of ULAA; so were Arthur Watson, the current President, Emmanuel S. Wettee and others. In fact, the wife of a Liberian, Moses Johnson served as Administrative Vice President during the Thomas Bodio Collins’ Administration (1980-1982). Mrs. Barbara Johnson is an African American; her participation was based on her marriage to Moses Johnson. So what is the fuss about now? Is it to disqualify a Liberian American from seeking the office of the presidency of ULAA or to have the term – “Dual Nationality” clarified?
Arthur B. Dennis’ contribution to the discussion is worth mentioning here. I couldn’t have said it any better! Therefore, I commend him for his valuable contribution to the discussion. According to his article, “The Dual Citizenship Crisis in ULAA” published in the December 2007 Edition of The Analyst, Dennis wrote:
“…ULAA is a U.S-based Liberian-Civic Organization operating under U.S. Nonprofit Laws. Article 21 of its Constitution defines Liberian citizenship within the framework of Article 28 of the Liberian Constitution which states that “Any person at least one of whose parents was a citizen of Liberia (born or naturalized) at the time of the person’s birth, shall be a citizen of Liberia; provided that such person, shall upon reaching maturity renounce any other citizenship acquired by virtue of parent being a citizen of another country… In the context of this definition, the national office eligibility clause under Article 58 of the ULAA Constitution reads in part as follows. ‘…In general, all candidates for the national offices of the Union shall be 25 years or older, maintain Liberian citizenship (by birth or naturalization or dual nationality); a high school graduate or above; legal resident of the USA or North and South American country…. The compulsory citizenship requirements under this national office eligibility clause include dual nationality, citizenship by birth, and citizenship by naturalization.
“…And as long as he is within the jurisdiction of the United States, he is no longer subject to the laws of his country, and his country no longer exercises jurisdiction over him except the host state. It also means that every nonprofit organization formed here in the United States by foreign-born citizens designed to further their common interest operates directly under the U. S. Laws; and their constitution adopted to govern members of their organization should be consistent with the U.S. Laws, not the Laws of their country. ULAA acknowledges this protocol under Article 20 of its Constitution.”
The brother is absolutely right! He went further to add:
“…The problem associated with the dual citizenship requirement is basically twofold. Firstly, the framers of ULAA Constitution knew very well that dual nationality or dual citizenship is not recognized under the Constitution of Liberia. Yet, they inserted it as a requirement under the national office eligibility clause under Article 58 of the ULAA Constitution. Secondly, ULAA and its members are operating within the sovereign jurisdiction of the United States governed by the U.S. Federal and State Laws. Yet, some members are invoking the laws of Liberia, which exercise no jurisdiction over them, to disqualify dual citizenship holders from contesting national office.
“However, under common law, the term ‘dual citizenship’ refers to a person who holds citizenships for two countries. Though ULAA constitution does not state the nationalities associated with the dual citizenship in question that qualifies or disqualifies a candidate, the Liberian-American dual citizenship contravenes the Constitution of Liberia. The reason is simple. To become an American citizen, the U.S. Constitution requires every foreign-born applicant to renounce the citizenship of his country when taking his citizenship oath. Therefore, if a Liberian takes the U.S. citizenship oath and becomes an American citizen, by virtue of that oath, he is no longer a Liberian citizen under the Constitution of Liberia.”
This brings up the question of who is a dual citizen that the ULAA Constitution is referring to. Dennis makes a compelling argument; one that I support wholeheartedly. It was an error on the part of the ULAA Interim Council Administration and the Committee that re-wrote the constitution (September 29, 1996). This too is in violation of the preceding constitution. Article X, Section 1 of the October 1994 amended constitution states: “This Constitution may be amended whenever two-thirds of the component Chapters of the Union vote affirmatively on a proposed amendment at any General Conference or special conference called for that purpose.” Nowhere did it say to re-write the Constitution.
Fellow Compatriots, in a democracy, everyone has the right to express his or her opinion on a particular issue, in so far as that individual is about seeking what is in the best interest of society, and not to disenfranchise others in other to support a particular position or belief; Bai M. Gbala’s statement did just that. Whether it was intended, I have yet to know.
According to Gbala, “…ULAA, the North American Umbrella Entity founded and organized to seek, secure, protect and preserve the social, cultural economic and political well-being of all Liberians in North America, IS A LIBERIAN CITIZEN/ORGANIZATION, SO TO SPEAK AND, AS SUCH, SUBJECT TO ALL LIBERIAN LAWS AND REGULATIONS IN SUCH CASES MADE AND PROVIDED, WITH ALL LEGAL REGUIREMENTS AND OBLIGATIONS AS IF ULAA WERE PHYSICALLY PRESENT ON THE GROUND IN LIBERIA. Consistent with this prescription and in our opinion, NON-CITIZEN OF THE REPUBLIC OF LIBERIA SHALL BE INELIGIBLE TO STAND AS CANDIDATES FOR PRESIDENT, VICE PRESIDENT OR ANY OTHER ELECTIVE AND/OR APPOINTED, ADMINISTRATIVE OFFICE OF ULAA.” I categorically disagree with him!
As if to add insult to injury, he added, “…IT WOULD BE UNWISE, INDEED DANGEOROUS, TO ELECT/APPOINT AN ALIEN, A LIBERIAN WHO HAS RENOUNCED, DENOUNCED AND REJECTED ALLIANCE TO THE REPUBLIC AND ENTRUST SUCH A PERSON WITH THE ADMINISTRATION AND REPRESENTATION OF THE SOCIO-CULTURAL, ECONOMIC AND POLITICAL WELL-BEING OF LIBERIANS IN THESE UNITED STATES AND NORTH AMERICA.”
In support of this line of argument, a Benjamin Arthurson writes, “…Dr. Seton’s association with the Democratic Party especially as a local leader will severely undermine her chances contesting the 2008 ULAA race.”
I find these attacks as an affront to those of us who have become Liberian Americans, yet, have contributed immensely to the socio-political and economic well-being of Liberians in the Diaspora and our country of birth. It becomes doubled standard to seek and accept the services of an individual who is serving in the capacity of an Executive Director of Social Services for ULAA, and attempt to disqualify her for seeking to become president of the organization she have served in many capacities. I find this to be highly disingenuous and at best, unpatriotic and dishonest.
In the haste to disqualify Liberian Americans from holding National office in ULAA, we should be mindful that ULAA operates as a federal organization. Its membership base is the local chapters. Most of the local chapters’ constitutions defined membership as: “A person or an individual of Liberian origin and their spouse.” If an individual who is a valuable member of a local chapter’s candidacy is denied on the ground that he/she is Liberian American, ULAA will be discriminating against that individual, which will be in violation its constitution.
Read carefully and critically Article 58 once more; it also reads, the individual must be a “…legal resident of the USA or North and South American Countries, member in good standing with a Union member-organization, and demonstrated leadership in a Liberian organization.” It did not say the individual had to be A LIBERIAN CITIZEN.
Let’s look at the recommendation regarding the change of ULAA’s present name:
III. Recommendation to Change the Name
Arthur B. Dennis recommended that “…the name, the ‘Union of Liberian Associations in the Americas’ should be changed to the ‘Union of Liberian Associations in America,’ since the organization exercises ‘jurisdiction over only the population of Liberian citizens residing within the United States.”’ And that “Those Liberian citizens residing in the continents of South America and Canada should be encouraged to form their own organizations, adopt their own constitution, and elect their own officers.”
Well, I disagree with the changing of the name on the ground that by maintaining the name will not prevent Liberians in other parts of North America from organizing themselves. Secondly, I feel the name will allow Liberians living in other parts of North America to join or affiliate with ULAA that is already in existence; and not to change the name will not bring harm to anybody.
To support my point, permit me to cite a good example for retaining the name. The National Association for the Advancement of Colored People (NAACP) was organized in 1909; at that time, African Americans (blacks) were referred to as “Colored People” or “Negroes.” Today, blacks are referred to as African Americans; yet, the name of their oldest civil rights organization continued to remain, National Association for the Advancement of Colored People. The same case can be made for the Union of Liberian Associations in the Americas.
Conclusion and Recommendation
Fellow Compatriots, what do I see as the problem with us? As a people and as an organization, our major problem derives from the way we go about doing things. What do I mean by this? We should “Leave well enough alone.” (If it is not broke, don’t fix it!) For example, as soon as some of us take over an organization or a nation, we begin to condemn our predecessors; which is like disrespecting your parents because you have gotten a job to fend for yourself. We forget the fact that if it wasn’t for our parents, we won’t have gotten where we are; yet, we condemned and down-played their contributions or set out to change what they have put in place for our individual or group interest. This practice is not healthy nor is it in the best interest of our people.
This brings us back to the Zulu proverb that I mentioned from the start regarding Kushayw'edonsayo, the lead cow in front that the farmers watch the most, and if anything goes wrong, it is the lead cow, and not those that come after the lead cow that gets the whipping. In our case, if we are to be blamed, blame us; but don’t do so because we were the FIRST to take the lead.
How do we resolve this problem? We must obey rules, respect rules and give credit to our predecessors for their farsighted efforts! More important, we must always remember that in the absence of written rules, people resort to custom, tradition and precedence to resolve constitutional issues. Constitutional scholars are consulted to resolve constitutional issues by investigating or probing into the “Original Intent” of framers of constitutions. On the other hand, an amendment clause is put in place to bring constitution up to date; and that is the main reason it is written into a constitution. Amendment is intended to prevent an individual or a group from taken upon themselves to change a constitution, therefore, a requirement such as two-thirds or three-fourths of the membership’s (organization’s) approval is needed before an amendment to a constitution is carried out.
This is the main reason the United States that has been in existence since 1776, has only amended its Constitution 26 times since it went into effect in 1789. Yet, the 1974 Constitution of the ULAA has been amended, July 4-5, 1975; September 6, 1976; September 4-5, 1978; July, 1982, and October, 1994. The September 29, 1996 (Ratified July 8, 1997) Constitution is said to have been drafted, which is the same as CHANGED instead of the amendment that is required.
This too can be said of ULAA’s Elections Guidelines. I have included the 1996-1998 Elections Guidelines as Appendix A to make the point of not updating the Elections Guidelines as required but changing them come each elections circle, and inserting requirements that have no constitutional basis, i.e., “Shall be a legal resident of the United States and have resided in the Americas for at least two years prior to the date of elections,” or “Shall have resided in Liberia for at least five (5) years prior to the date of elections.” Why were these requirements needed to become officers of ULAA?
Recommendations
Fellow Compatriots, my reason for taking part in this discussion is to set the record straight. I have no other interest but to do just that. Having done so, I recommend the following:
1. That we consider amending the present constitution to remove the term, “Dual Nationality”, because it does not serve any useful purpose, and to have it replaced with the original phrase, “A person of Liberian origin, non-Liberian spouse, offspring (children) and Naturalized Liberian.” This represents the “Original Intent” of the founders and framers of the Constitution of ULAA. With this done, I believe will resolve the problem; and
2. To revisit the issue of the original logo of ULAA for the purpose of having it reinstated or modify it to make the symbols visibly.
With these things taking care of, we will be living up to the true meaning of, “Together We Struggle for a Better Liberia”.
I thank you.
Appendix A:
THE ELECTIONS COMMISSIONS
UNION OF LIBERIAN ASSOCIATIONS IN THE AMERICAS
C/o DR. FELICIA W. LAMPTEY
[Address omitted]
________________________________________________________________________
Elections Requirements
And
Criteria for Applicants and/or Candidates, Voters and Chapters
1996-1998 GENERAL ELECTION OF ULAA ADMINISTRATIVE OFFICERS
I. GENERAL REQUIREMENTS AND CRITERIA (CANDIDATES)
General requirements and criteria for determining the eligibility of applicants as candidates for elective national administrative officers (President, Administrative Vice President, General Secretary and Treasurer)
1. Shall be a Liberian citizen by birth or naturalization
2. Shall be 25 years of age or older
3. Shall be registered member of a Liberian Association or Organization that is member of the Union for at least two years. Such organization must be deemed as being in good financial standing with the Union
4. Shall be a legal resident of the United States and have resided in the Americas for at least two years prior to the date of elections [CONTRADICTED #5]
5. Shall have resided in Liberia for at least five (5) years prior to the date of elections [WAS REMOVED but the fact that it was included is mind boggling]
6. Shall be an active participant in local organizational activities, and considered to be in no arrears with his/her chapter. A letter to this effect shall be required from the head and/or executive committee of chapter/organization, which is to be submitted to the National Elections Commission
7. Shall fill out an official election application form, which requires some basic background information on the applicant and his/her understanding of the Union, in particular and Liberia, in general. Same shall be filed with the National Elections Commission along with a cover letter declaring intention to contest for an elective position. A copy of resume and/or curriculum vitae of the applicant addressing specific items from the specific candidate guidelines must be attached.
8. Shall pay an application filing and processing fee of ($200.00) two hundred dollars for president and vice presidents, ($150.00) one hundred and fifty dollars for General Secretary and Treasurer respectively.
9. Payment must be made only in form of money order and/or certified Bank check made payable to: The National Elections Commission c/o Dr. Felicia Lamptey. Send photocopy of payment to the Union of Liberian Associations in the Americas.
10. Shall be deemed an individual cleared of all criminal charges anywhere.
II. VOTING REQUIREMENTS (INDIVIDUALS):
1. Shall be a Liberian citizen by birth or naturalization
2. Shall be (18) eighteen years of age or older
3. Shall be a registered member of a Liberian Association that is a member chapter of ULAA. Such association must be deemed as being in good standing with the Union (participating in activities and paying annual dues). A waiver shall be made for individuals who reside in geographic areas where no Liberian Community Association exists as such.
III. PARTICIPATION AND VOTING REQUIREMENT (Liberian Association, Union Chapter who are affiliates of ULAA)
1. Shall be a non-for-profit Liberian Association registered as a member chapter of the Union
2. Shall be deemed a member organization/chapter in good standing with Union; an active participant in Union affairs and one that has settled all of its financial obligations to the Union
3. Shall have submitted a copy of the current listing (names and addresses) of its membership; given that such a listing serves as guide for determining the eligibility of individual voters (voters registration).
From Nyanseor’s Archive
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