ARTICLE I: CONGRESS
Section 1.
a) The Congress shall be the highest policy-making body of the federation. It shall be composed of the seven members of the 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.
b) No person shall be designated delegate unless they are a bona fide member of the organization they represent and is at least eighteen (18) years of age.
Section 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, Vice Chairperson, Secretary, Treasurer, and three subregional representatives who shall compose the Council; and
c) Consider and approve the strategic plan and other long-term plans particularly the financial strategic plan of the federation.
Section 3.
a) The Congress shall convene once every three years. The Council, upon the request of twothirds of all the member organizations, may call a special Congress.
b) 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 the most one month before the actual regular or special meeting respectively.
c) The notice of special meeting of the Congress shall be disseminated at the most 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.
Section 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.
Section 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 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 Chairperson, Vice Chairperson, Secretary, Treasurer, and three subregional representatives.
Section 2.
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 Council;
f) Create appropriate committees to respond to the needs of the Federation;
g) Determine the amount of the membership fees and dues; and
h) Approve the annual budget of the federation.
Section 3.
The Presiding Officer shall cast their vote on any issue only in case of a tie.
Section 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.
Section 5.
The Council shall convene physically once a year and online every three months. 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 twothirds majority of the members present therein.
ARTICLE III: 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 Executive Director appointed by the Council as head and the personnel hired by Executive Director upon approval by the Council. All members of the Secretariat shall undergo an application and screening process.
The Council shall call for applications for the position of Executive Director. The Secretary shall call for applications for the position of other members of the Secretariat.
Section 2.
The Executive Director shall:
a) Be entrusted with the facilitation of the day-to-day implementation of the federation’s strategic policies, plans, programs and projects;
b) Head the Secretariat;
c) Be appointed by the Council; and
d) Serve as ex-officio member of the Council to report on Secretariat matters but shall have no right to vote.
ARTICLE IV: MEMBERSHIP
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 human rights especially of disappeared 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.
Section 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.
Section 3.
The Council shall accept membership applications with a two-thirds majority vote.
Section 4.
Prospective members shall be endorsed by an organization, preferably a human rights organization, with established credentials or proven track record.
Section 5.
(1) All members shall have the same basic rights as those that are inherent in any democratic federation. A bona fide member organization shall have the rights to:
a. Choose its delegates to the Congress;
b. Have 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 of the federation; and
h. Become project implementers and/or beneficiaries and take part in the activities of the federation.
Existing individual members shall have the rights provided for under paragraphs c, d, e, f, g, and h of the herein preceding
Section 5.
(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. Should a member organization fail to pay membership fees for three consecutive years, the Council shall issue a notice requesting an explanation.
ARTICLE V: FINANCE
Section 1.
Membership dues in the amount of USD 50 shall be collected from each member organization every year, provided that member organizations that are incapable of paying the required membership dues may apply for a waiver.
Section 2.
The federation shall implement income generating projects that can enhance 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 shall be accepted from entities outside the federation as long as such contributions do not undermine the honor and integrity of the federation.
Section 5.
The fiscal year of the federation shall start on 01 January and end on 31 December of each year.
ARTICLE VI: AFAD ADDRESS
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 VII: LOGO
The official logo of the federation features hands holding up a globe as a symbol of international cooperation and unity.
ARTICLE VIII: AMENDMENTS
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 IX: REPEALING CLAUSE
All provisions of the old Bylaws inconsistent with the provisions herein are hereby repealed, amended, or modified accordingly.
ARTICLE X: DISSOLUTION
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.
ARTICLE XI: EFFECTIVITY
These Bylaws shall take effect upon approval by the Congress.
Adopted by the delegates of the 8th Congress on 15th to 16th November 2024 in Dhaka, Bangladesh.
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