ARTICLE I
CONGRESS
SECTION 1. (1) The Congress shall be the highest policy-making body of the federation. It shall be composed of the five members of the Executive Council and two delegates from each member organization. Individual members may attend and actively participate in the Congress but shall not have the right to vote.
(2) No person shall be designated delegate unless he or she is a bona fide member of the organization he or she represents and is at least eighteen (18) years of age.
SEC. 2. The Congress shall have the following powers and functions:
a) Approve, amend, modify, revise or repeal the provisions of the Constitution and Bylaws by a vote of two-thirds.
b) Elect the Chairperson, Secretary General, Treasurer, and one representative each from South Asia and East and Southeast Asia who shall compose the Executive Council, and representatives of the member organizations to the Council.
c) Consider and approve the three-year strategic plan and other long-term plans particularly the financial strategic plan of the federation.
SEC. 3. (1) The Congress shall convene once every three years. The Council, upon the request of two-thirds of all the member organizations, may call a special Congress.
(2) The notice of meeting of the regular Congress indicating the date, time, place, and the proposed agenda of the meeting shall be issued and transmitted to all the participants not later than two months or at least one month before the actual regular or special meeting respectively.
(3) The notice of special meeting of the Congress shall be disseminated at least one month before the actual meeting. It shall clearly state the specific agenda. No other business shall be considered in the meeting without the concurrence of two-thirds majority of the delegates present therein.
SEC. 4. A two-thirds majority of the Congress shall constitute a quorum to do business but a smaller number may continue meeting in its consultative capacity. A simple majority of this quorum may decide on any matter pertinent to the duly approved agenda except the approval, amendment, revision, or repeal of any provision of the Constitution which under ARTICLE VI, SECTION 1 therein requires a vote of two-thirds of the Congress.
SEC. 5. Each member organization is in principle entitled to one vote. If there are more than two organizations from the same country, they shall have a maximum of two votes in order to maintain a balance in decision-making. The members of the Executive Council are prohibited from voting in the Congress.
ARTICLE II
COUNCIL
SECTION 1. In between Congresses, the Council shall be the highest policy-making body of the federation. It shall be composed of the five members of the Executive Council and one representative each from the member organizations.
SEC. 2. Each member organization shall choose one representative to the Council who shall be confirmed by the Congress or the Council, as the case may be, for a term of three years.
SEC. 3. (1) The Council shall exercise the following powers and functions:
a) Formulate general policies consistent with the plans approved by the Congress;
b) Issue policy statements;
c) Accept and recognize members of the federation;
d) Consider and approve the resignation, suspension, and expulsion of members;
e) Elect interim members of the Executive Council; and
f) Approve the annual budget of the federation
(2) Individual Council members shall exercise the following powers and functions:
a) Submit to the Council annual reports and plans on behalf of their respective organizations;
b) Ensure the dissemination of policy decisions to the members of their respective
organizations; and
c) Attend meetings of the Congress and the Council, and other federation activities.
SEC. 4. A simple majority of the Council members shall constitute a quorum to do business. All decisions of the Council shall be made by a simple majority vote except on matters pertaining to membership which shall require two-thirds majority vote.
SEC. 5. The Council shall convene once a year for its regular meeting. Special meetings may be called by a simple majority of the Council as the need arises to address specific matters which shall be stated as the sole agenda of the meeting. Notice of special meeting shall be transmitted to all the members not later than two weeks before the actual meeting. No other business shall be considered in the meeting without the concurrence of two-thirds majority of the members present therein.
SEC. 6. (1) Any member of the Council may be subjected to disciplinary action for willful violation of the Constitution or Bylaws, negligence of duties, grave misconduct or any act inimical to the federation. Through its head officer, any member organization may file with the Chairperson a written complaint against a Council member. After due process, the person alleged to have committed an offense may be exonerated, suspended, or expelled by the affirmative vote of two-thirds of all the members of the Council.
(2) Serious illness or long-term inability to perform the functions of a Council member may be a ground for termination of membership in the Council. By a vote of two-thirds of all members, the Council in consultation with the concerned member organization may effect the termination of membership.
ARTICLE III
EXECUTIVE COUNCIL
SECTION 1. (1) The Executive Council is the management body of the federation. It shall be composed of five members: Chairperson, Secretary General, Treasurer, and one representative each from South Asia and East and Southeast Asia. The Congress by a simple majority vote of a duly constituted quorum shall elect the members of the Executive Council for a term of three years. They may be re-elected and may hold office for a maximum of three terms.
(2) The Executive Council shall regularly meet once a month or more frequently as the need arises.
SEC. 2. The following are the collective powers and functions of the Executive Council:
a) Ensure that the Secretariat facilitates the day-to-day implementation of the federation’s three-year strategic plan particularized by the member organizations and the Secretariat’s annual plans;
b) Serve as the human resource body responsible for hiring of the members of the Secretariat except the Secretary General, subject them to performance evaluation, and terminate their services in accordance with law;
c) Receive and process the membership applications for the consideration of the Council;
d) Review and approve proposals and reports before they are transmitted to the funders;
e) Prepare the agenda of the meetings of the Council, Congress, and the action plans of regional events of the federation; and
f) Plan, facilitate, and/or participate in the regional and international lobby work of the federation and/or member organizations.
SEC. 3. The following are the powers and functions of individual members of the Executive Council:
1. The Chairperson shall:
a) Preside over meetings of the Congress, the Council and the Executive Council;
b) Represent the federation in local, national, regional, and international events;
c) Act as the official spokesperson of the federation;
d) Establish ties with allies, friends, and partners in the national, regional, and international levels; and
e) Be entitled to sit in all meetings of any body or committee of the federation
2. The Secretary General as head of the Secretariat shall:
a) Oversee the program and administration operations of the Secretariat and the full implementation of the programs, projects and plans;
b) Discharge the functions of the Chairperson when the latter is not available with the assistance of the other members of the Executive Council;
c) Represent the federation in functions together with or on behalf of the Chairperson;
d) Endeavor to ensure the funding of the federation and relate to funding agencies and other donors through submission of reports, proposals, etc. in coordination with the Treasurer, the Finance and Administration Manager, and the Programme Manager;
e) Submit reports to the Council;
f) Attend all meetings of the Congress, the Council and the Executive Council;
g) Act as one of the signatories to the federation’s bank accounts; and,
h) Perform other tasks as may be assigned by the Council and Executive Council.
3. The Treasurer shall:
a) Be responsible for the overall financial management of the federation;
b) In coordination with the Secretary General, recommend measures to generate funds for the federation;
c) Review and sign financial reports;
d) Ensure that an annual financial plan is formulated and approved by the Council and that audit is conducted; and,
e) Attend all meetings of the Congress, the Council and the Executive Council.
4. The sub-regional representatives shall:
a) Attend all meetings of the Congress, the Council and the Executive Council;
b) Assist the Chairperson, Treasurer, and Secretary General in discharging their duties including but not limited to presiding over meetings, especially if one or more of the aforementioned officers should become indisposed or unavailable;
c) Help member organizations within the sub-regions, through their representatives, to actively participate in the programs and projects of the Federation and comply with the implementation as required;
d) Advise the Executive Council on issues, conditions and current developments relevant to the tasks of the Federation covered by their respective sub-regions; and,
e) Recommend potential organizations within the sub-regions for membership in the
Federation.
SEC. 4. In no case shall the Chairperson, Secretary General and/or Treasurer come from the same country.
SEC. 5. In case of vacancy in any position in the Executive Council, the Council shall elect from among the members who have no position in the Executive Council the replacement in consultation with his or her organization. The elected member shall serve the unexpired portion of the term.
ARTICLE IV
SECRETARIAT
SECTION 1. The Secretariat shall be entrusted with the facilitation of the day-to-day implementation of the federation’s plans, programs, projects, and policies. It shall be composed of the Secretary General as head and the personnel hired by the Executive Council.
ARTICLE V
MEMBERSHIP
SECTION 1. The federation shall have for its membership the organizations of families, relatives, friends, and comrades of victims of enforced disappearance, the surfaced disappeared, and advocates and defenders of the rights of the victims and their families in Asia. It shall welcome to its membership other organizations across Asia that uphold human dignity, protect and promote human rights and fundamental freedoms, and adhere to the principles, vision, mission, and goals of
the federation.
SEC. 2. To qualify as a member of AFAD:
a) The organization must operate peaceably and is independent of government or an
information/intelligence service. The organization must not be involved in fomenting hatred and violence.
b) The organization works toward ending enforced disappearance either as a principal or secondary mandate. It gathers and transmits reliable and verifiable information on enforced disappearance and the struggle of victim-survivors for truth, justice, reparation, and guarantees of non-repetition.
c) The organization shall submit to a careful examination in order to determine its ability to assist all victim-survivors regardless of political affiliation, sexual orientation or religious convictions.
SEC. 3. The Executive Council shall process the applications for membership and may recommend approval by a vote of two-thirds majority of all the members of the Council.
SEC. 4. Prospective members shall be endorsed by an organization, preferably a human rights organization, with established credentials or proven track record.
SEC. 5. (1) All members shall have the same basic rights and duties as those that are inherent in any democratic federation. A bona fide member shall have the rights to:
a) Choose its representative to the Council and its delegates to the Congress;
b) Have its representative and its delegates vote and be voted for;
c) Nominate and endorse candidates for membership;
d) Submit proposals, reports, country updates, statements, appeals or complaints to
appropriate bodies of the federation;
e) Be informed of the financial status of the federation;
f) Be furnished a copy of all reports, notices, statements, and publications issued by the federation for circulation among its members and to the general public;
g) Advise the Council and Executive Council of the federation; and
h) Become project implementers and/or beneficiaries and take part in the activities of the federation.
(2) The duties of bona fide members are to:
a) Abide by the Constitution and Bylaws of the federation;
b) Attend and actively participate in membership meetings and other activities of the federation;
c) Uphold and defend the interests and integrity of the federation; and
d) Pay membership fees and dues promptly and regularly.
SEC. 6. A member may resign from the federation through a written communication addressed to the Chairperson which shall be deliberated upon by the Council. Any organization that resigns shall have no claim to any asset of the federation or any document processed and produced by the federation.
SEC. 7. (1) Any member of the federation may file with the Chairperson a written complaint against another member. The Council shall deliberate on the complaint. After due process, the affirmative vote of two-thirds of the members of the Council shall be required to dismiss the complaint or suspend, terminate, or expel the member subject of the complaint.
(2) Basis of disciplinary sanctions shall include:
a) Violation of the principles of the federation;
b) Consistent neglect of a member’s duties and responsibilities; and
c) Other acts inimical to the federation.
ARTICLE VI
FINANCE
SECTION 1. Membership dues in the amount of USD 50 shall be collected from each member organization every year.
SEC. 2. The federation shall implement income generating projects that can enhance its capacity and sustainability
SEC. 3. The federation shall undertake informative, educational, and cultural activities to raise funds and other resources from the general public.
SEC. 4. Voluntary contributions in cash, kind or service shall be accepted from entities outside the federation as long as such contributions do not undermine the honor and integrity of the federation.
SEC. 5. The fiscal year of the federation shall start on 01 January and end on 31 December of each year.
ARTICLE VII
AFAD ADDRESS
SECTION 1. The federation has its address in Metro Manila, Philippines. The Congress may change the address of the federation depending on the exact location in the country where the Secretariat and at least one member organization are based.
ARTICLE VIII
LOGO
SECTION 1. The official logo of the federation features hands holding up a globe as a symbol of international cooperation and unity.
ARTICLE IX
AMENDMENTS
SECTION 1. These Bylaws or any provision hereof may be amended or repealed by two-thirds vote of the Congress at any of its regular or special meetings.
ARTICLE X
REPEALING CLAUSE
SECTION 1. All provisions of the old Bylaws inconsistent with the provisions herein are hereby repealed, amended, or modified accordingly.
ARTICLE XI
DISSOLUTION
SECTION 1. The Congress during its regular meeting or special session called for the purpose shall have the exclusive power to decide on the dissolution of the federation by a vote of three-fourths of all members of the Congress.
Adopted at the special Council meeting on August 3, 2022, as authorized by the 7th Congress held online on 17 December 2021.