BY-LAWS OF THE
ASIAN FEDERATION AGAINST INVOLUNTARY DISAPPEARANCES
ARTICLE I
MEETINGS OF THE CONGRESS
Section 1. The Congress shall be convened every three years.
Section 2. A Special Congress may be called upon by the Council or two-
thirds of the member-organizations.
Section 3. Notices of the date, time and place of the Congress shall be
sent by fax and e-mail, at least two months before the date of such
meeting. The notice of every special meeting shall state briefly the
agenda of the meeting. No other business shall be considered at such
meeting, except with the consent of the simple majority present thereat.
Section 4. A quorum for any meeting of the members shall consist of
two-thirds of the members and a majority of such quorum may decide on any
question at a meeting. In case the majority fails to participate, the body
can continue the meeting in its consultative capacity.
Section 5 Each member-organization is in principle, entitled to one vote.
If there are more than two organizations from the same country, these
organizations are entitled to a maximum of two votes during congress in
order to maintain the balance of the decision-making of the congress. The
AFAD officers are not entitled to a vote in the Congress.
ARTICLE II
THE CONGRESS
Section 1. The Congress shall have the powers to amend and ratify the
Orientation, Constitution and By-Laws and formulate the General Program of
Action of the federation.
Section 2. The Congress shall elect the Chairperson, the Secretary-General
and the Treasurer who form the Executive Council.
Section 3. Each member-organization is in principle entitled to one vote
in the Congress. If there are one more organizations in the same country,
these organizations will be entitled to two votes during the congress In
order to maintain a balance within the Federation. The officers are not
entitled to a vote in the Congress.
Section 5. The voting delegates to the Congress should be at least
eighteen years old on the date of the Congress.
Section 6. The Congress reserves the right to know the financial status of
the federation.
ARTICLE III
THE COUNCIL
Section 1. The Council shall formulate general policies consistent
with the general program drawn up by the Congress. It shall meet once a
year to assess the implementation of the federation’s objectives. Special
meetings of the Council may be called upon by the simple majority of the
Council membership as the need arises.
Section 2. It shall particularize and approve the plans of the federation
and its corresponding budget.
Section 3. It shall have the power to approve and recognize members of the
federation. It shall also approve, after due process, the suspension or
expulsion of members.
Section 4. The quorum for the Council meeting is simple majority. All
decisions of the Council will be taken by simple majority of votes, except
on matters pertaining to membership.
Section 5. - It shall ensure the information of policy decisions to all
members.
Section 6. The term of the Executive Council members shall be three years.
The officers may be reelected.
Section 7. In case of vacancy in any position of the officers, the Council
shall elect from among the members who are not Executive Council members a
replacement in consultation with the member-organization. The elected
officer shall serve the rest of the term as a full voting member.
Section 8. Any member of the Council can be suspended or terminated for
wilfull violation of the Constitution or By-Laws, negligence of duties,
misconduct or any acts inimical to the federation. Through its head
officer, any member-organization of the federation may file charges
against a Council member by submitting a written complaint to the Council.
The Council shall deliberate on the charges. After due process, the
affirmative vote of a two-thirds of a duly constituted quorum of the
Council shall be necessary to suspend or terminate a member of the
Council.
Section 9. Illness or other serious impediments to the functioning of a
member of the Council may be a reason to terminate his/her term. The
Council will require a two-third vote of a duly constituted quorum for
such a termination and shall be done in consultation with concerned the
member-organization.
Section 10. The Council shall ensure that its annual plans are
particularized by the different member-organizations through the
facilitation of the secretariat.
Section 11. The Council shall ensure that the Secretariat facilitates the
day-to-day implementation of the federation’s general program of action.
ARTICLE IV
FUNCTIONS AND POWERS OF COUNCIL MEMBERS
Section 1. The Chairperson shall:
a. Preside over meetings of the Congress and the Council;
b. Represent the federation in public functions;
c. Be entitled to sit in all meetings of any body or committee of the
federation;
d. Act as one of the signatories of the federation’s bank accounts;
e. Represents the federation in local, national, regional and
international organizations;
f. Act as the official spokesperson of the federation;
g. Be especially tasked to establish ties with allies and friends in the
national, regional and international levels.
Section 2. The Secretary General shall:
a. Oversee the program and administrative operations of the secretariat;
b. Head the secretariat;
c. Take the place of the Chairperson when the latter is not available;
d. Ensure the funding of the federation and relates to funding agencies
and other donors through reports, proposals, etc. in coordination with the
Treasurer;
e. Submit reports to the Council;
f. Attend all meetings of the Congress and the Council.
g. Act as one of the signatories to the federation’s bank accounts.
Section 3. The Treasurer shall:
a. Be responsible for the over-all financial management of the federation;
b. In cooperation with the Secretary General, recommend schemes to
generate funds for the federation;
c. Act as one of the signatories to the federation’s bank accounts;
d. Review and sign financial reports;
e. Attend all meetings of the Congress and Council; and
f. Ensure that an annual financial audit is conducted.
Section 4. The Representatives of Member- organizations
a. Submit regular reports
b. Ensure that decisions are transmitted to the member-organizations for
implementation.
c. Attend meetings of the Congress and the Council.
ARTICLE V
MEMBERSHIP
Section 1. The application for membership shall be processed by the
Secretariat and be recommended to the Council for approval by a two-thirds
majority of the total Council membership.
Section 2. Prospective members should be endorsed by two full members and
two international organizations known to AFAD.
Section 3. All members shall have the same basic rights and duties as
those that are inherent in any democratic federation.
Section 4. The rights and duties of a member are:
a. To choose its representatives to the Council and its delegates to the
Congress.
b. To have its representatives and its delegates vote and be voted upon.
c. To nominate and endorse candidates for membership.
d. To submit proposals, statements, appeals or complaints to appropriate
bodies of the federation.
e. To be informed of the financial status of the federation;
f. To be furnished a copy of all reports, notices, statements and
publications issued by the federation for circulation among members and to
the general public; and
g. To advise the leading bodies and officers of the federation.
h. To become project beneficiaries or take part in the activities of the
federation.
i. To attend membership meetings and other activities of the federation;
j. To pay membership fees and dues promptly and regularly;
k. To uphold and defend the prestige and integrity of the federation;
Section 6. A member may resign from the federation through a written
communication addressed to the Secretary-General and to be deliberated by
the Council. Any organization that resigns shall have no claim to any
asset of the federation or any documents processed and produced by the
federation.
ARTICLE VI
SUSPENSION, TERMINATION AND EXPULSION OF MEMBERSHIP
Section 1. Any member of the federation may file charges against a
member by filing a written complaint to the Chairperson of the federation.
The Council shall deliberate on the charges. After due process, the
affirmative vote of the two- thirds of the members of the council shall be
necessary to suspend, terminate or expel a member.
ARTICLE VII
FUNDS AND SOURCES OF FUNDS
Section 1. Membership dues in the amount of US$ 50 shall be collected
from each member-organization every year.
Section 2. The federation shall implement income-generating projects that
can build up its capacity and sustainability.
Section 3. The federation shall undertake informative, educational and
cultural activities to raise funds and other resources from the general
public.
Section 4. Voluntary contributions in cash, kind or service will be
accepted from entities outside the federation as long as such
contributions do not deter and undermine the integrity of the federation.
Section 5. The fiscal year of the federation shall start on January 1 and
ends on December 31 of each year.
ARTICLE VIII
AFAD ADDRESS
Section 1. The federation has its address in Metro Manila, Philippines.
The Congress may change the address of the Federation.
ARTICLE IX
SEAL
Section 1. The official logo of the federation features hands
upholding a globe as symbol of international cooperation and unity.
ARTICLE X
AMENDMENTS
Section 1. These by-laws or any provision hereof, may be amended or
repealed by two-third vote of the Congress at any of its regular or
special meeting.
ARTICLE XI
ABOLITION OF THE FEDERATION
Section 1. The Congress, during its regular session or special session
called for the purpose, shall have the exclusive power to decide on the
abolition of the federation by a vote of three-fourths of a duly
constituted quorum.
