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| CONSTITUTION OF NEPAL-US INDIGENOUS PEOPLES' FORUM - 2005 |
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1. PREAMBLE:
Realizing the need for a forum to preserve language, culture and tradition of the indigenous peoples of Nepal and foster equitable and socially-just development and education, we, the indigenous peoples of Nepal currently residing in United States of America, have solemnly decided to found a voluntary social organization whose name shall be Nepal-US Indigenous Peoples' Forum and in short [NIP FORUM]. This Constitution shall also be known as the By-laws of NIP Forum. This organization may also be known as 'NIPF' or 'Forum' in short where appropriate;
2. BACKGROUND & LIKELY PROSPECT
The indigenous ethnic peoples are known as Aadibasi Janajatis in Nepal. One of the ethnically, culturally and linguistically diverse countries in South Asia, Nepal is a home for different peoples who speak different languages, adhere to different religions, practice different cultures and live in harmony forming distinct identities among themselves from the ages. Among them are the indigenous peoples who form 37.38 % of the total population 27,070,666 [2004] in the country. These indigenous peoples strive to come up and contribute to nation building in a democratic frame work.
3. MISSION STATEMENT
a) We strive to preserve diverse yet valuable indigenous languages, culture and other cultural heritages by conducting quality research, documenting information, and disseminating it among various concerned individual and parties and establishing coordination and collaboration with like-minded institutions;
b) We are dedicated to improving dignity and respect of indigenous peoples of Nepal by strengthening their capacity and participation in policy formulation by encouraging investment on quality education, leadership development, and advocacy among indigenous peoples;
c) We are committed to improving socio-cultural, economic and environmental conditions of indigenous peoples of Nepal to foster equitable and socially just development through various income generation activities, community support, and public awareness.
4. PURPOSES
a) To ensure dignity and respect, we are dedicated to preserve (and or promote) language, intellectual property rights and cultural heritage of indigenous peoples of Nepal through support for documentation, scientific publication, and sharing in workshops.
b) We are committed to help improve the quality of life of indigenous peoples by uplifting social and economic status and enhancing environmental conditions they depend through support in education, leadership development, and advocacy ;
5. AIMS AND OBJECTIVES
The Nepal US Indigenous Peoples' Forum aims at supporting, enabling and assisting for the well-being of indigenous peoples of Nepal. In order to achieve this, it aims:-
* To conduct research, document threatened linguistic and cultural heritages of indigenous peoples of Nepal and disseminate it in Nepal and outside;
* To make charitable contributions to assist indigenous peoples of Nepal during natural disasters and humanitarian emergencies;
* To raise awareness about the importance of environmental conservation,health, and sanitation among women, men and school-age children of indigenous peoples communities;
* To uplift economic condition of indigenous peoples of Nepal by providing support in conducting variety of income generation activities increase indigenous peoples participation in planning and policy reform in order to promote equity, social justice, and sense of solidarity in the country;
6. PROGRAMS AND SERVICES
The Nepal US Indigenous Peoples’ Forum shall have the following programs and services:
1) In United States of America:
a) Computer and ESL training; b)Cultural Training which also includes Nepali language and cultural training programs for non-Nepali speakers; c) Referral services for computer and ESL training; d) Job search training; e) Offer consultancy services; f) Provide volunteer services where and when appropriate; g) Organize roundtable discussion programs, seminar and workshops on pertinent issues when appropriate;
2) In Nepal:
a) Scio-Cultural Development; b) Leadership Development and Executive Management; c) Economic Development; d) Health, Sanitation and Environment; e) Women and Children; f) Youth, education and Development; g) Human Rights Advocacy; h) Language and Cultural Preservation; i) Vocational Training;
7. MEMBERSHIPS
Section 1. Membership shall be offered on an annual basis to all individuals (limited to Nepalese Indigenous peoples residing in North America) that support the purpose of the association;
a) General Membership shall be granted to any Indigenous People who heartily support the mission of NIP FORUM;
b) Life Membership will be given to individuals;
c) Honorary Membership shall be offered to those deemed honorable in national and international spectrum;
Section 2. Application for Membership: All applicants for membership must complete a prescribed membership application Form and submit it to the principal office of the association.
Section 3. The rights of members:
a) to participate in all activities of association; b)to vote in Annual General Meetings; c)to be nominated, elected, and appointed as President or Executive Committee Officers; d)to initiate or second a petition; e)to request a summary of the association's finances from the treasurer.
Section 4. The responsibilities of members: a)to attend general meetings; b)to pay annual membership dues; c)to obey and respect the decisions made by the Executive Committee and General Meetings.
Section 5. Resignation: Any members may resign by filing a written resignation with the executive Committee; however, resignation shall not relieve a member from liability for dues or assessments accrued and unpaid as the date of resignation.
Section 6. Expulsion - any member may be expelled for adequate reason by a two-thirds vote of the Executive Committee. Failure to pay dues or meet the criteria for membership is presumed to be adequate reason for expulsion and does not require advance notice to the member and deliberation by the Board.
8. FINANCIAL ASPECT:
Section 1. The annual dues for each category of membership shall be in amounts approved by Annual General Meeting.
Section 2. Dues shall be made either in lump-sum or by easy installments (on monthly basis).
Section 3. Dues for members shall be payable within 30 days of billing. If a member is in arrears for more than 90 days, as to the payment of their dues, that member's rights in the association shall cease without further notice. Delinquent members, who subsequently pay their dues may be reinstated at the discretion of the Membership Committee.
Section 4. The Forum shall have fund raiser programs to sustain itself and offer help particularly, Nepalese Indigenous Peoples in appropriate ways and manners;
Section 5. The Forum may receive grants, financial assistances from donor[s] organization[s] for its projects either within the United States of America or in Nepal where appropriate. Projects or programs within the United States of America shall be carried out in compliance with the existing US laws and rules;
Section 6. Refunds - no dues shall be refunded.
Section 7. Calendar Year - the calendar year of the association shall be from July 1 through June 30. Those who have paid their membership dues of the given year become voting members. The term of membership is valid from July 1 of a given year to June 30th of the following year.
9. DUTIES & OFFICE TERMS
Section 1 - This association shall be governed by the Executive Committee, which shall have the following office bearers:
President - Vice-president - Secretary-General - Treasurer - Joint Treasurer - Executive Members
Section 2 - Duties of Office Bearers:
President -
- call, preside at all general and special meetings of the association; - establish committees and special task forces, and appoint members to them;
- collaborate with the General Secretary and Treasurer in the preparation of reports and records of the association; - act as the official representative of this association.
Vice-president -
- assist the President in overseeing the operations of this association; - assume the duties of the President in the event of his/her absence, resignation or inability to serve.
Secretary-General -
- prepare agendas for all general and special meetings of the association;
- record and present the minutes of all general and special meetings; - prepare an annual report of association's activities for presentation at the annual general meeting;
- prepare a directory of all members;
- conduct and prepare correspondence and perform clerical duties for the association under the direction of the President;
- keep copies of this constitution and provide them to all members of this association upon request.
Treasurer -
- collect all membership dues;
- receive and give the receipts for moneys due and payable to the association from any source;
- deposit all moneys in the association's name in banks as the Board directs;
- write checks and disburse funds to discharge the association's obligations. However, funds may not be drawn from the association's accounts without the approval of the Board;
- prepare an annual report of the association's financial transactions; - be prepared to offer for review the financial records, bank books, vouchers, et cetera of the association, upon the request of officers, directors and auditors.
Joint Treasurer -
- assist the Treasurer whenever called upon; - assume the duties of the Treasurer in the event of his/her absence, resignation or inability to serve;
Section 3 - The term of office -
- The term of office shall be for a period of two years. - A member cannot hold office for more than 'two' consecutive terms. - A current officer bearer can contest only one more time.
Section 4 - Termination policy - Membership shall be terminated from his/her office by a 2/3 majority in the Annual General Meetings:
- If a member does not fulfill his/her duties according to his/her duties as outlined in the constitution and if three written complaints against his/her incompetence to hold office are filed with the Executive Committee, it calls for the committee to meet and observe TP# 1 after scrutinizing the claim and defense.
- The committee member can voluntarily give up on his/her office by calling a committee meeting and the committee gives its consent. .
Section 5 - Code of Conduct
All officers shall attend all Executive Committee meetings. Any officer who fails to attend three consecutive meetings without prior notification shall be subject to expulsion from his/her office at the discretion of other members of the Executive Committee.
10. MEETINGS & QUORUM
Section - 1. Meetings. The Board of Directors/ Executive Committee shall meet at least 4 times a year. Meetings of Executive Committee shall be presided over by the President or, in his/her absence, by the Vice-president of the association. The Secretary of the association shall act as secretary of all meetings of the Board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the meeting.
Section - 2. Annual General Meetings
There shall be an Annual General Meeting of the association and its members at such place and on such dates as may be determined by the Executive Committee for transaction of such business as may be properly brought before the meeting. Notice of the annual general meeting shall be mailed to the last reported address of each member at least 60 days prior to the date of the meeting. The annual general meeting shall be open to all types/classes of membership.
Section - 3. Special Meetings
Special meetings of the membership may be called by the Executive Committee at any time and must be called by the President upon written request of 25% of all members. The business to be transacted at such special meetings shall be stated in a special notice and no other business may be conducted at that time.
Section - 4. Notice
Notice of each meeting shall be given to each voting member, by e-mail, telephone, or fax not less than 15 days before the meeting.
Section - 5. Quorum
A quorum must be attended by at least 3/4 of the Board of Directors/ Executive Committee before business can be transacted or motions made or passed. Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors/Executive Committee, unless the Article of Association, this constitution, or provisions of law require a greater percentage or different voting rules for approval of a matter by the Board.
11. ELECTION
The officers of the association shall be elected by the members of the association at the Annual General Meeting (AGM). The term of office shall be 2 years in the case of the President; 1 year renewable in the case of the Vice-president(s) and 3 years in the case of the Secretary and Treasurer. The Vice-president normally succeeds to the Presidency and the President becomes Past-president. If an officer is unable to commence or complete a term of office, the Executive Committee of the association shall appoint an interim replacement for the term, or the remainder thereof. If the President is unable to commence or complete a term of office, the Vice-president shall assume the position for the term or remainder thereof. Should the Vice-president(s) be unable to assume the Presidency, the Executive Committee shall conduct an election, with the Past-president continuing to function as President until an election can be held.
12. SUB-COMMITTEES
Section - 1. Formation of Sub-committees
The Executive Committee shall have the power to create select sub-committees and/or task forces of the association; to define, limit or enlarge the function of any such committee consistent with this constitution. The President shall appoint and remove sub-committee chairpersons/coordinators and members and fix the terms of such appointments. Each sub committee shall formulate its own internal rules, regulations and policies subject to the approval of the Board. Any regulations or policies that affect the rights of membership shall be subject to confirmation by the Board of Directors/Executive Committee before becoming effective.
Section - 2. Nominating Sub-Committee
The Nominating Sub-committee shall consist of at least two (2) members appointed by the President not later than sixty (60) days prior to the annual meeting. Nominating Sub-committee shall nominate sufficient members to fill the positions for directorships whose terms expire that year, and shall nominate members to fill all elected officer positions. All nominees shall then be consulted to determine their willingness to undertake the responsibilities of the positions to which the committee shall nominate them. The General Secretary shall, at least 30 days prior to the annual meeting, cause the Nominating sub-committee's report to be mailed to all members.
Section - 3. Membership Sub-committee
The Membership Sub-committee shall be responsible for identifying potential members. It will actively promote the association's objectives, and will work closely with the Executive Committee and General Secretary in developing policies and promotion campaigns which will encourage and sustain membership in the association. It shall also provide guidance and recommend member services, which may be provided to association members.
Section - 4. Annual Meeting Sub-committee
The Annual Meeting Sub-committee shall be responsible for the design/preparation and promotion of the program for each annual meeting of the association.
13. PUBLICATIONS
The NIP Forum shall publish an annual Membership Directory and periodic newsletters. From time to time, it may publish any other work deemed to promote the goals of the association.
14. SEAL
The seal of the forum shall have inscribed thereon the name of the forum or association, the place and year of incorporation, which will be affixed to all documents issued by or under its authority.
15. INDEMNIFICATION
Anyone conducting authorized business on behalf of the association shall be reimbursed for expenses if these (expenses) are approved by the President, Secretary and Treasurer or Board.
16. AMENDMENTS
Amendments to this Constitution may be proposed by the Executive Committee or by written petition of at least 1/3 of the members. Proposals for amendments shall be received by the President and forwarded with recommendations from the Executive Committee to the members at least 30 days before the meeting at which they are to be voted upon. To be adopted, proposed amendments must receive the approval of a 2/3 majority of the members present and eligible to vote at the Annual General Meeting (AGM). The implementation date for any amendments to this constitution shall be the first day of its adoption.
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