ADPAN Constitution
Anti-Death Penalty Asia Network (ADPAN)
CONSTITUTION
1. Name
1 . 1 The network shall be known as the Anti-Death Penalty Asia Network (ADPAN)
2. Mission
2.1 ADPAN mission is to work for the abolition of the death penalty primarily across Asia and Pacific, and the world at large and matters related.
3. Membership
3.1 The network shall be comprised of 2 classes of members, being organizational members and individual members from Asia Pacific.
a) Organizational Members
Any civil society group, organization, network of organisations, trade unions, lawyers and/or judges associations, consumer groups, professional bodies and academic groups can be members of ADPAN.
b) Individual Members
Any person, who have worked for and/or intend to work for the abolition of death penalty and/or the stated objects of ADPAN, can be a member of ADPAN.
Hereafter collectively, Organizational Members and Individual Members shall be referred to as Members.
4. Partnership
4.1 ADPAN Partners are organisations, groups and/or individual persons, not members of ADPAN, who are also committed to the mission and work of ADPAN.
4.2 ADPAN shall actively work in developing and maintaining partnerships and networks, with various different groups, organisations, trade unions, consumer groups, women right advocates, environmental groups, networks, political parties and/or politicians, indigenous rights groups,
religious and/or inter-religions groups, peasants organisations, farmers and fishermen groups, peoples’ movements, student groups, youth groups, community groups, academic groups, lawyers and/or judges groups, and any other such groups.
4.3 Realizing that advocacy among people and peoples’ groups, beside government and intergovernmental bodies, is a necessary strategy towards abolition of the death penalty, and the other related objects of ADPAN, efforts shall be placed in developing list of partners who support these objects by means of lobbying
4.4 ADPAN Partners shall have observer status at ADPAN General meetings and programs, unless decided otherwise by ADPAN.
4.5 ADPAN shall maintain regular communication with all ADPAN Partners, and to this end, amongst other, an e-groupi for Partners shall be set up.
5 . Rights of Members
5.1 All members shall have the right to vote and elect ADPAN Executive Committee (EC), and all members shall have the right to offer themselves as candidates for election to the ADPAN EC. Candidates offering themselves shall be either an Individual Member or for the case of Organizational Member someone duly endorsed by the organization. When elected, he/she shall serve the EC on an individual capacity, and thus, if he/she resigns from that organization, then his/her position in ADPAN EC is automatically vacated.
Candidates offering themselves shall be an individual person, or the representative from the Organizational Member provided that in the event that the representative shall resign from its position in that organization during the term, then a by-election shall be called to elect a replacement.
5.2 Both Organizational and Individual members shall have 1 vote each.
5.3 All ADPAN members shall have the right to information, and the freedom of speech and expression. Any member of ADPAN may raise questions and make comments , and ADPAN EC shall, if an answer is needed, respond to the said queries as soon as possible, reasonably after
the subsequent ADPAN EC meeting, save in exceptional cases. All such queries and comments, and subsequent responses, shall be circulated to the general membership save if the ADPAN EC decides so otherwise for some reason.
5.4 In the interest of democracy, accountability and transparence, an e-group made up of only members of ADPAN shall be set up to be used for internal ADPAN communications.
6. Approval and Termination of Membership
6.1 All membership application shall be submitted to the ADPAN Executive Committee (EC) for approval. Pending approval, applicants may be considered as provisional members with no membership rights. Provisional members, as determined by the ADPAN EC, may be accorded
observer status at ADPAN meetings and/or events.
6.2 Any three(3) members can submit an application for the removal of a Member, whereby the matter shall be investigated and decided by the ADPAN EC within two weeks of the application being made and while pending investigation, ADPAN EC has the right to suspend the Member in
question. Provided always that the said member considered for removal shall be given the right to be heard and all matters related thereto shall be in writing. For the removal of a member, a majority decision of the ADPAN EC is needed. Members so removed who is dissatisfied with the decision of the ADPAN EC can appeal, whereby the matter shall then be referred to an independent appeal panel, made up of 3 persons, one from the complainant, one from ADPAN and one to be mutually agreed upon based on an agreed lists of individual. In this case, ADPAN EC will have a right of address for the purpose of communicating the reasons for its decision.
If the said member, or ADPAN EC is still dissatisfied with the decision of the Appeal Panel, they have a right to refer the matter to the general membership of ADPAN.
7 . General Meeting and/or Extraordinary General Meeting
7.1 ADPAN shall endeavour to have a Biannual General Meeting of members, whereby if a physically present meeting is not possible, other alternatives shall be considered using the internet, including also using Resolution by circulation method.
7.2 Resolution by circulation is carried out by the circulation of a question for determination by members, which would get a positive, negative or abstention response from the membership, whereby a time frame is given for response usually not more than seven (7) days. At the end of
the time period allocated for a response, the responses are collated, and the majority vote carries the day, save for constitutional amendments which require a two third majority. In cases that require an urgent response, the time frame for response may be shorter.
7.3 ADPAN EC can, if it deems necessary call for an Extraordinary General Meeting.
7.4 If 20% of ADPANs petition for the calling of an Extraordinary General Meeting, the ADPAN EC shall call for such a meeting within two (2) months.
7.5 In any event, the ADPAN EC shall furnish all members with an Annual Report of ADPAN, which shall also include the report of all existing Working Groups and/or Sub-Committees or any such groups, and Minutes of the last Annual General Meeting (and Extraordinary General Meeting, if
applicable) not less than seven (7) days from the date fixed for an Annual General Meeting. A statement of accounts shall similarly be furnished.
7.6 Any member of ADPAN can table a motion to be discussed and voted upon at a General Meeting of ADPAN, provided the same shall be send to the ADPAN EC’s Conveners not later than fourteen (14) days before the said Scheduled General Meetings. Such motions received for consideration at General Meetings shall also be circulated to members not less than seven (7) days from the date fixed for an Annual General Meeting.
7.7 The quorum for an Annual General Meeting and/or Extraordinary General Meeting shall be 30% of ADPAN membership. Where physical or virtual presence is not required, and the said General Meeting is to be conducted by Circular Resolution or similar means, there shall be no requirement for quorum as all members of ADPAN are deemed to be present in such meetings.
7.8 For an Annual General Meeting where physical or virtual presence are required, in the event quorum is not achieved within 1 hour of the stipulated date and time, the Adjourned Annual General Meeting shall be called for at a new time but not later than 6 months from the date of the said Annual General Meeting, and that shall be no quorum requirements for such Adjourned Annual General Meeting.
7 . 9 Notices for Annual General Meeting, which can include Notices for Adjourned Annual General Meetings, shall be circulated to all members not less than thirty (30) days before the said General Meeting.
8 . ADPAN Executive Committee (EC)
8.1 ADPAN Executive Committee (EC) is the governing body of ADPAN, who shall do so in accordance with the Constitution and Rules of ADPAN, and consistent with the directions of the general membership which shall, amongst others, be in the form of Resolutions adopted by ADPAN. For the avoidance of doubt, the ultimate power lies with the membership of ADPAN.
8.2 ADPAN Executive Committee (EC) shall be comprised of a minimum of seven (7) and a maximum of eleven (11), or any higher figure always being an odd number as can be determined from time to time by the general membership.
8.3 ADPAN Executive Committee (EC), shall be elected by the General Membership for a two (2) year term. The term of office of the ADPAN EC continues until the next ADPAN EC is elected, and takes over the responsibilities of ADPAN EC.
8.4 No person shall serve the ADPAN EC continuously for a period of more than two (2) terms. However, this provision is suspended until a later date as and when determined by the ADPAN membership.
8.5 The quorum for ADPAN EC meetings shall be at least 50%. In the event that there is no quorum, meeting can proceed but no decisions can be made until all members of the ADPAN EC are given the opportunity to vote by means of a circular resolution.
9. ADPAN EC – Election, Appointment and Removal
9.1 The election of the ADPAN Executive Committee (EC), shall be conducted by an independent Election Body, made up of at least 3 member (not a candidate or existing ADPAN EC Member). The manner of the elections shall be by postal ballots, or other means including electronic
communication, always ensuring that all members do have the right to participate in the democratic process.
9.2 Deleted
9.3 In the event of resignation and/or expulsion and/or vacation of any sitting member of ADPAN EC during his/her term of office, the remaining members of ADPAN EC may to appoint some other person to the ADPAN EC for the remaining of the term. Priority consideration shall be given to candidates next in line, with reference to the outcome of the previous election.
9.4 In the event that the Election Body receives less than seven (7) nominations for the EC, then the General Assembly shall appoint any member to fill up the required minimum number of the EC.
1 0 . ADPAN EC – Modus Operandi, Duties and Liabilities
10.1 Convener and Co-Conveners of the ADPAN EC
10.1.1 From amongst the members of ADPAN EC, two persons shall be elected by the EC as Conveners of the ADPAN EC, for the full term or otherwise as determined by the ADPAN EC for the time being, and the said Convener/s shall be tasked with the convening of regular ADPAN EC meetings, including the sending of agendas of the meeting, preparation and circulation of minutes/reports and maintaining all documents of ADPAN.
10.1.2 Chairing and documentation of meetings of ADPAN may be fixed and/or rotational amongst members of the ADPAN EC, depending on the ADPAN EC for the time being.
10.1.3 Minutes of meetings shall be circulated to all ADPAN EC members not later than 14 days from the date of the meeting. An e-group of ADPAN EC members only shall be set up for the purposes of speedy and effective communication and approved at the following meeting. General Statement as a summary of actions point on matters discussed, as approved by ADPAN EC, will be circulated to members.
10.1.4 ADPAN EC meetings generally would be Skype-meetings or tele-conferencing, and should be held preferably at least once every 45 days. In the event, that it is possible ADPAN EC shall try to have face to face meetings at least once a year, if possible twice a year. Quorum shall be not less that 50% of the ADPAN EC members.
10.2 Financial Coordinator/s
10.2.1 From amongst the members of ADPAN EC, two persons shall be elected by the EC as Financial Coordinators, who shall be responsible for all financial matters, including preparing of the Annual Financial Statements of ADPAN and maintaining all financial records. At least one of the Financial Coordinators shall be resident in the country in which ADPAN shall be registered, and bank accounts maintained.
10.2.2 The Financial Coordinator/s shall open and maintain necessary bank accounts, and shall be one of 3 signatories of cheques, the other shall be two other persons chosen from t h e A D P A N , o n e of whom shall be one of the Convener/s and/or a member of the ADPAN EC.
10.2.3 All monies shall be expended on the instructions of the ADPAN EC. All monies shall at all times be maintained in the ADPAN Accounts, and at any time the Financial Coordinator shall be authorized to keep petty cash, amounting to no more than USD500.
10.3 Miscellaneous
10.3.1 ADPAN EC’s powers include the powers to replace Convener/s and/or Financial Coordinator/s, as and when required, and this powers extend to powers over the Bank Accounts of ADPAN, including the changing of signatories at any time.
10.3.2 All monies belong to ADPAN, and in the event of dissolution, monies still remaining in the ADPAN accounts shall be disbursed in the manner decided by the members of ADPAN, failing which monies shall be divided equally to existing ADPAN members to be used only for the purpose of furthering the mission of ADPAN, being working for the abolition of the Death Penalty.
10.3.3 When necessary, ADPAN EC’s powers include the powers to replace Coordinator, and/or the alternate Coordinator of Working Groups and/or Sub-Committees or sub-groups, and also suspend/dissolve any such Working Groups and/or Sub-Committees or subgroups.
10.3.4 When necessary, ADPAN EC’s powers include the powers to replace National and/or Regional Representatives
10.3.5 ADPAN EC shall have the power to make internal procedures, rules and regulations in relation to EC’s operation.
11 . National/Regional Representatives
11.1 ADPAN EC may appoint National and/or Regional Representatives on an ad-hoc, temporary or permanent basis, as and when deemed necessary, whereby such representatives shall be members of ADPAN. Such representatives shall be entitled to reimbursements of expenses incurred in carrying out their duties, and also per diems.
11.2 National and/or Regional Representatives, or part-time/full time staff shall report directly to ADPAN EC.
11.3 National and/or Regional Representatives to submit reports, including minutes, to the Convener/s of ADPAN EC not later than seven(7) days before an ADPAN EC meeting, whereby the Convener/s shall forthwith circulate it to the ADPAN EC
12. ADPAN EC Meetings
1 2 . 1 Decision making by the ADPAN EC shall be by majority. Failure to respond and cast a vote within seven (7) days shall be deemed as an abstention after being notified.
12.2 National and/or Regional Representatives of ADPAN shall be required to attend ADPAN meetings, as and when required by the ADPAN EC.
12.3 Employees of ADPAN shall be required to attend ADPAN meetings, as and when required by the ADPAN EC.
13 . Representing ADPAN
13.1 If ADPAN’s presence is required for some meeting and/or conference, ADPAN shall be represented by a member of the ADPAN EC. If more than one representative is required, first preference shall be given to a member of the ADPAN, not in the EC, failing which an EC member will be chosen to represent ADPAN. Priority shall be given to the relevant national/regional ADPAN representative. In the event that the above is not possible, ADPAN EC can choose to send one or more of ADPAN’s employees.
13.2 In the event, funding is not available for the participation of some meeting and/or conference that ADPAN is invited to and/or best attend, ADPAN EC members will given the first option, followed by ADPAN members to attend and represent ADPAN on condition that they selffinance their attendance, and submit a report back to ADPAN after the conclusion of the said meeting/conference.
14. Funding
14.1 ADPAN EC shall be responsible for the soliciting of funds for the purpose of ADPAN works in the region, and if possible to assist in the work of members of ADPAN.
14.2 In the sourcing and application for funding, it must be ensured that ADPAN’s freedom to act in pursuance of its mission shall in no way be restricted by any conditions and/or restrictions imposed by fund providers relating to the mission of ADPAN.
15. Registration and Registered Address
15.1 Noting the difficulty in registering a legal entity, there may be the need to register ADPAN in a particular jurisdiction, where requirements of the said jurisdiction may require the legal entity to be comprised of nationals of the said country, arrangements and necessary instruments shall be made and/or executed to ensure always that effective control or work and activities shall remain always with the ADPAN EC.
15.2 Preferably, an ASIAN legal entity that will give full effect to the intention and mission of ADPAN, as contained herein the constitution and rules of ADPAN be registered. If initial registration does not achieve this, the ADPAN EC shall continue to work towards formation of such a democratic,
transparent and accountable entity.
16 . Amendment of Constitution
16.1 The Constitution may be amended if the following conditions are met:
a. A resolution adopted by at least Two third (2/3) of the number of votes cast. The manner of the votes shall be by postal ballots, or other means including electronic communication, always ensuring that all members do have the right to participate in the democratic process.
b. Proposed amendment shall be sent to the ADPAN EC not less than 60 days before the General Assembly and ADPAN EC shall send to all members not less than 30 days before the General Assembly.