Constitution of the Asian Federation Against Involuntary Disappearances (AFAD)

PREAMBLE

We, the Asian organizations of families, relatives and friends of victims of enforced or involuntary disappearances, and organizations working against enforced disappearances and other related violations, form ourselves into a federation of human rights organizations and human rights advocates known as the Asian Federation Against Involuntary Disappearances or AFAD.

We dedicate ourselves to the promotion, protection and defense of human rights principally of victims of enforced or involuntary disappearances in Asia and of their families and relatives and do hereby promulgate this Constitution.

ARTICLE I

NATURE AND SCOPE OF THE FEDERATION

Section 1 – The Asian Federation Against Involuntary Disappearances is a federation of Asian human rights organizations and invited advocates working directly on the issue of disappearances. The federation acknowledges the practice of enforced or involuntary disappearance is directed against the political opponents of the States and those who uphold and defend the socio-economic, cultural as well as civil and political rights of peoples. The federation is independent and non-profit.

Section 2- The federation shall be Asia-wide.


ARTICLE II

PRINCIPLES

Section 1. We uphold and believe in the Universal Declaration of Human Rights, especially in the right to life, dignity and self-determination regardless of age, gender, race, beliefs, creed and culture. Moreover, we uphold the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); the United Nations Declaration on the Protection of All Persons From Enforced or Involuntary Disappearances (UNDPAPFEID), the United Nations Convention for the Protection of All Persons from Enforced Disappearance and the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment. In the pursuit of our objectives, we are guided and motivated by the principles of truth, justice, reconstruction of historical memory, freedom, democracy and international solidarity.

ARTICLE III

OBJECTIVES

Section 1. We commit ourselves to achieve the following objectives:

  1. Promote and forge international solidarity among organizations of the families of the disappeared in Asia and with similar formations in other continents;
  2. Provide assistance to member-organizations in ensuring a stronger response to the phenomena of enforced disappearance;
  3. Conduct campaign and lobby work in addressing the issue of enforced disappearances in Asia, thus ensuring the attainment of truth, justice, redress and the reconstruction of the collective memory of the disappeared;
  4. Strengthen the capacity of the federation and its member-organizations through various forms of empowerment and capacity building activities.

ARTICLE IV

DEFINITION OF INVOLUNTARY DISAPPEARANCE

Section 1. In accordance with the United Nations Convention for the Protection of All Persons from Enforced Disappearance, AFAD defines enforced or involuntary disappearance as follows: 

“Enforced disappearance is considered to be the arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescience of the State, followed by the refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.”


ARTICLE V

MEMBERSHIP

Section 1. AFAD shall have for its membership the organizations of families, relatives and friends of victims of the involuntary disappeared persons in Asia, the surfaced disappeared and the advocates and defenders of the rights of the victims and their families.


Section 2. Membership shall be open to any organization which qualifies under the preceding section and which adheres to the principles and objectives under Articles ll and lll thereof.

Section 3 – There can be more than one member in one country to ensure the federation’s wide reach and in recognition that all families of the disappeared should have equal opportunities to avail of the benefits of the work of AFAD.

Section 4 – The AFAD Congress and the AFAD Council may invite individual human rights advocates who have been proven to have worked for the cause of the disappeared.  The invitation would be based on a recommendation of any member of the AFAD Council and Secretariat.  If accepted, these members maybe invited to  activities of the federation but without voting power.

ARTICLE VI

ORGANIZATIONAL SET-UP

Section 1. AFAD is a regional federation that shall be composed of the Congress, the Council, the Executive Council, Secretariat and the General Membership, including individual members.

Section 2. The Congress shall be the highest policy-making body of the federation. It shall be composed of the officers and two delegates elected or appointed by each member-organization.  Individual members may attend the AFAD Congress and participate fully during discussions, but do not have voting power.

Section 3. In between Congresses, the Council shall be the highest policy-making body of the federation. It shall be composed of one representative nominated by each member-organization and the three officers of the federation: the Chairperson, the Secretary General and the Treasurer. They shall meet as the need arises. 

Section 4. The Council members shall be elected by their own member-organizations with the approval of the Congress or the Council as the case may be. In no case shall more than one officer come from one country.

Section 5. The Executive Council shall be composed of five members: the Chairperson, Secretary-General, the Treasurer and one representative from South Asia and another representative from East Asia. It may meet as the need arises in between Council meetings to execute the policies of the Council.  Under the guidance of the AFAD Congress and the AFAD Council, it shall serve as the management committee of the Federation.

Section 6. The Secretariat shall be entrusted with the facilitation of the day-to-day implementation of the general program drawn up by the Congress. It shall be composed of the elected Secretary-General and the staff hired by the Executive Council.

ARTICLE VII

AMENDMENTS

Section 1 – This Constitution or any provision thereof may be adopted, amended, modified or repealed by a vote of at least two-thirds of the voting members in a duly constituted quorum of the Congress.


ARTICLE VIII

EFFECTIVITY

Section 1 – This Constitution shall take effect upon ratification by the Congress.

 

Ratified by the Delegates to the Sixth AFAD Congress held on 10-18 December in Negombo, Sri Lanka.