Table of Contents
CHAPTER 1
Acronym-Logo-Address-Date……………………………………………………………………….. 2
CHAPTER 2
The Association’s Objectives…………………………………………………………………………. 2
CHAPTER 3
The Association’s Duties……………………………………………………………………………….. 2
CHAPTER 4
The Association’s Actions……………………………………………………………………………… 3
CHAPTER 5
The Association’s Members………………………………………………………………………….. 4
CHAPTER 6
Organizational Structure of the Association:
General Assembly and Annual Assembly ……………………………………………………… 5
CHAPTER 7
The Association’s Fund…………………………………………………………………………………. 8
CHAPTER 8
The Amendment of the Association’s Statute…………………………………………………. 9
CHAPTER 9
The Dissolution of the Association………………………………………………………………….. 9
STATUTE
The Cambodian Human Rights and Development Association
CHAPTER 1
Acronym-Logo-Address-Date
Article 1: The Cambodian Human Rights and Development Association is an independent, non-partisan, non-profit, non-governmental organization, and non-political party. The Association has an acronym “ADHOC”, and a bust of Brahma bolstered by three hands as Logo.
Article 2: ADHOC has its headquarters in Phnom Penh, which is currently the capital city of the Kingdom of Cambodia.
Article 3: The ADHOC’s mandate is 99 years since its establishment in December 10, 1991 after the signing of a Comprehensive Settlement of Conflict in Cambodia by four factional fighting parties in October 23, 1991 in Paris.
CHAPTER 2
The Association’s Objectives
Article 4: The ADHOC’s objectives are to gather human rights-lovers and all citizens irrespective of their individual race, complexion, sex, language, religion, political thinking or other opinions, ethnic or social origin, resources, family or whatever status they belong to in order:
1. To pool efforts to prevent the recurrence of the killings and torture on all forms, based on Universal Declaration in 1948 and Conventions, Treaties and other Instruments of the United Nations stipulating about human rights, which the 4 Cambodian parties in conflict had signed in Paris, and to set forth “Non Violence” as fundamental principle in the promotion of respect for human rights;
2. To participate in any action aiming at realizing the respect for human rights and making effective the exercise of rule of law in Cambodia;
3. To broaden and strengthen the knowledge of human rights of people and help to upgrade their ability, which is one of the most important requirements for people to know and understand human rights, democracy and freedoms in Cambodia;
CHAPTER 3
The Association’s Duties
Article 5: The ADHOC’s Association has the following as its main duties:
· Providing and improving the knowledge on human rights to its members and all Khmer citizens through various means such as training, radio broadcasting, publication, conference, seminars, correspondence letter so on and so forth;
· Providing new inputs on human rights to be included in any legislations governing society and sharing comments against any adoption of laws implicating human rights principles;
· Conducting serious investigation of cases of violations of human rights of Cambodian citizens by state institutions, political parties powers, organizations or associations, religious and economic interests, and ensuring the respect of these rights in accordance with the current laws;
· Monitoring the conditions of non-convicted and convicted people in prisons throughout the country, enforcing the disciplines and regulations governing the prisoners as provided in the instruments of the United Nations against any threats, intimidation, political punishments, especially, summary arrest and detention;
· Making effort to deter discrimination of race, color, sex, belief, religion, ethnic and violence against women in society;
· Taking part actively in prevention of the recurrence of genocide and torture on all forms like those committed in the past;
· Strengthening and widening solidarity in support of civil society in their claims for democracy, freedom and human rights-related movements of people worldwide; and
· Providing general knowledge and career development to all citizens.
Chapter 4
The Association’s Action
Article 6: The ADHOC’s fundamental principle in taking action against violations of human rights is “non-violence”. The different actions undertaken by the Association include:
· Preparing and sending letter of intervention to the legislative body, protesting against the adoption of laws, which does not conform to human rights principles, and to the executive body for consideration and proper law enforcement;
· Filing complaints to court for action against violations of human rights of all Cambodian citizens;
· If need be, the Association will gather national and international support for immediate halt to human rights violations;
· The Association will use its media print to voice its concerns together with the aforesaid measures to raise its critical analysis with regard to violations of human rights on all forms;
· Cooperating with national and international NGOs to ensure grassroots development; and
· Conducting research and study to explore people’s requirements and sufferings and finding proper solutions.
Chapter 5
The Association ’s Members
Article 7: The Cambodian citizens of both sexes, aged over 18 years, who reside either inside or outside the country and any Cambodian- born or Cambodian-national can be member of the Association, regardless of his/her political trend, religious beliefs, and social class. Foreigner can also apply for the ADHOC’s membership. There are five types of the Association members as follow:
1. Founding members: Those who share constructive initiatives to create the Association. There are in all 15 members;
2. Honorable members: Key dignitaries who support and assist the Association will be invited to become honorable members upon their own consent;
3. Common members: Those who apply for membership of the Association by filling out and submitting an application form with two recent photos of 4×6 cm size;
4. Active members: Those who involve in the Association’s activities with non-profit; and
5. Sympathizing members: Those who support and provide donations to the Association, but do not participate in its various activities.
All the four types of members as above-mentioned are entitled to the same rights and duties, except, the founding members or incumbent operational staff of over 5 years work experiences with the Association can have right to stand for election of President and Secretary General of the Association.
Article 8: Founding members, honorable members, common members, qualified personnel; former employees of the Association and operational staff are entitled to:
· Participate in every activity of the Association and share constructive brainstorming in decision-making;
· Participate in or stand for election of President or Secretary General of the Association according to article 7 of the Association’s Statute;
· Make request for assistance from the Association if he/she encounters frustrations in his/her duty performance;
· Have right to submit a proposal to the Association if he/she wants to bid farewell to the Association; and
· When having better performed service delivery or duty for the Association he/she will be awarded in commensurate with his/her achievements.
Article 9: Any member whose name is not listed on the assignments of the Association has right to submit a written complaint to the Annual or General Assembly or Management Committee for consideration and action.
Article 10: ADHOC member’s duties are consisted of:
· Abiding by the Statute and all decisions made by the Annual Assembly and the General Assembly of the Association;
· Keeping upright his/her neutral stance, and not to participate in any political activities. If he/she wants to involve in politics, for members who are currently and actively working for ADHOC, he/she may apply for a leave from the Association;
· Using the non-violent means to solve conflict and not to disclose any secrecy of the Association;
· Not causing to happen or incite any trouble that will result in break-up within interior of the Association; and
· Providing information and evidence relating to human rights violations with his or her knowledge to Management Committee of the Association for immediate and non-violent action.
Article 11: Are facing expulsion from the Association’s enrollment those who:
· Have committed human rights violation to such an extent that it leads to legal conviction or that causes serious criticism by the public; and
· Have seriously infringed the statute or internal regulations or provisions of the Association.
CHAPTER 6
Organizational Structure of the Association:
General Assembly and Annual Assembly
Article 12: General Assembly is highest decision-making body. It is convened in every three or four years. Management Committee determines number of participants to the General Assembly and the Annual Assembly. At least 70% of all the Association’s qualified staff and not more than 30% of all the Association’s human rights activists to be participants of the General Assembly.
The Annual Assembly is held in between General Assemblies. The Annual Assembly is participated by all the Association’s qualified staff.
¾ of members of Management Committee or the President of the association has a right to convene the Extraordinary General Assembly and Annual Assembly.
Article 13: The General Assembly’s undertakings are to:
· Debate and adopt the narrative report on the past program activities implementation and future strategic plan of the association;
· Consider and adopt the report on financial management and audit statement;
· Discuss and set the ADHOC’s future strategic plan;
· Examine and amend the ADHOC’s Statute, if there is any; and
· Organize the election of President determining by the absolute majority of votes.
Article 14: Only the ordinary and extra-ordinary General Assembly has a right to remove the residential position of ADHOC.
Article 15: The Annual Assembly’s undertakings are to:
· Debate and adopt the narrative report on the past program activities implementation and ADHOC’s future plan of activities;
· Examine and adopt the report on financial management and audit statement;
· Discuss and set the ADHOC’s future plan of activities;
· Discuss and adopt any rules to strengthen the effectiveness of implementation of the plan of activities.
Article 16: The Association’s Management Committee is composed of:
1. President
2. Secretary General
3. Treasurer
4. Head of Administration
5. Head and Deputy Head of Sections
The meeting of Management Committee is chaired by the president of the association. In case the president is absent, the meeting is chaired by the secretary general of the association. In case the president and secretary general are absent, the meeting is chaired by the treasurer of the association.
The decision of the Management Committee is made by the absolute majority (50 %+ 1) of the participants. In case the absolute majority is not met, the chairperson of the meeting makes decision. The quorum of the meeting is, at least, 2/3 of its members
The meeting of Management Committee chaired by the secretary general or treasurer can only make decision on daily works of the association.
Article 17: The Management Committee’s undertakings are to:
· Recruit or remove the Secretary General or Treasurer according to the request of the president to Management Committee for decision making;
· Provide guidelines on activities implementation in line with the General Assembly’s decision;
· Effectively implement the Association’s assignments as stipulated in this Statute;
· Promote good relationship with the Associations and human rights NGOs for the benefit of ADHOC;
· Manage and handle income and expenditure of the Association;
· Convene the ordinary and extra-ordinary General Assembly, if any; and
· Recruit or change or remove Head of Section orother qualified staff of the association.
Article 18: The Management Committee has also its own duty to set forth, inspire and coordinate activities of every section of the Association. The Management Committee shares comments on decision-making and conflict solving in every section and also formulating internal by-laws.
Article 19: Only member of the Management Committee has right to formally intervene with national authorities and international to resolve issues relating to the implementation of program activities under the supervision of President of the Association. The president of the association may have right to nominate or remove any member of the Management Committee after consultation with its members.
Article 20: Function as ADHOC qualified staff is incompatible with function as officials in government and/or political party activist.
Article 21: Organizational structure of the Association is as follow:
· Secretariat is under supervision of Secretary General of the Association;
· Section in-charged of publication, media, relation and lobby and advocacy;
· Section in-charged of development;
· Section in-charged of investigation and protection of human rights;
· Section in-charged of documentation, education on human rights and research;
· Section in-charged of domestic violence and women’s affairs; and
This organizational structure is subject to any change upon consent from the Management Committee.
Article 22: President of the Association is the person who may determine and decide on the job description of every above-mentioned section. If necessary, the Management Committee may designate another committee to solve the problem with participation of all members of the Advisory Board as Advisors.
Article 23: The Advisory Board meeting is participated by five members selected by the Management Committee. All five members can be chosen from outside, irrespective of what nationality they are. The Advisory Board has duty to provide recommendations to President and/or Secretary and/or the Management Committee. It meets, at least, once every six months. If any recommendations recorded in minutes of meeting are not met, President of the Association must explain about root causes of the failure.
Article 24: President of the Association is Chairman of the Management Committee. In absence of President, Secretary General takes over the presidency. If President is unable to ensure presidency or sick or dead, Secretary General plays role as interim until the new General Assembly or Annual Assembly is urgently convened for the election of new President. If Secretary General is absent or losing ability or dead, Head of Administration plays role as interim until new General Assembly or Annual Assembly is convened to elect new President and Secretary General.
Article 25: President of the Association’s job description is to:
· Be responsible for the income and expenditure of the Association;
· Be responsible for and protect the Association’s interest on behalf of the Association;
· Convene the meeting of ordinary or extra-ordinary General Assembly and Annual Assembly;
· Be responsible for the implementation of the Association’s plan of activity. In this case, President may delegate some works to members of the Management Committee. However, President still remains accountable to the General Assembly and Annual Assembly. Any decision must made and grounded on basis of 2/3 majorities of the Management Committee; and
· If the Management Committee could not decide, President has right to influence casting vote.
Article 26: The Management Committee is convened, at least, twice/month.
The meeting of the Management Committee is valid if there is participation of a quorum, at least, 2/3 of its members according to article 16 of the Statute.
Chapter 7
The Association’s Fund
Article 27: The Association’s fund is generated from different sources such as:
· Charitable contribution by members;
· Various charitable donations by advocates of the Association’s objectives and other allocations by national or international Associations and Organizations; and
· Other sources from the Association’s activities.
Article 28: Every expense shall be planned and economized. The Association’s Management Committee must control the fund handling and adequately approve and submit the financial report to the Association’s General Assembly. The Association may select the Association or Organization or Company of legal entity to operate the auditing and write financial report to the General Assembly.
Chapter 8
The Amendment of the Association’s Statute
Article 29: An Internal Regulation shall be complementary to the Statute for the Management Committee to take action. The amendment of the statute can be made upon proposal by, at least, 2/3 of the Association’s Management Committee. Any decision made must be approved by 2/3 of the votes by the General Assembly or Annual Assembly.
Chapter 9
The Dissolution of the Association
Article 30: Only the extra-ordinary General Assembly may convene and discuss about the dissolution of this Association, of which, the dissolution must be approved by, at least, ¾ of the votes by the Management Committee.
Article 31: When the Association dissolves itself according to article 30 of the statute, all the Association’s assets, after liquidation of all debts, must be transferred to other Associations or Organizations, who are performing same service delivery as that of ADHOC in the interest of the general public.
Article 32: If the Association is dissolved by the court’s ruling, all the Association’s remaining assets, after settling all debts, need to be transferred to the Cambodian Red Cross.
Phnom Penh, July 09, 2009
The Association of ADHOC
President
Thun Saray
