Revised OAFLA CONSTITUTION

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1 Revised OAFLA CONSTITUTION PREAMBULE We the First Ladies of Africa, Considering concerns and commitments expressed during our various meetings in different countries to respond to HIV and AIDS in Africa, Recognizing the Framework of Action of the International Partnerships Against AIDS in Africa, African Development Forum on Leadership against AIDS (Addis Ababa 2000), the Declaration and the Action Plan of the Special Summit of the OAU Heads of States and governments on HIV and AIDS, Tuberculosis and other infectious diseases (Abuja April 2001) and the Declaration of Commitment on HIV and AIDS of the 26 th Extraordinary Session of the UN General Assembly (New York June 2001), the creation of a New Economic Partnership for Africa s Development (NEPAD) in 2002 and the setting up of the African Union (AU 2002); Agree to set up a framework for dialogue, networking, information exchange, and strategic action named the Organization of African First Ladies against HIV and AIDS Article 1: Objective CHAPTER I : Establishment a) The Organization of African First Ladies against HIV/AIDS (designated OPDAS in French and OAFLA in English) has hereby been established b) OAFLA is a non-profit continental organization Article 2: Headquarters The headquarters of OAFLA shall be located in Addis Ababa Ethiopia 1

2 It may be transferred to any other place, at any time, upon the recommendation of the Steering Committee and after the approval of the General Assembly. Article 3: Duration The duration of the organization is 99 years starting from the date of its creation Article 4 Goals CHAPTER II: Goals and Objectives of the Organization The goal of OAFLA is to advocate for increased awareness on the pandemic of HIV and AIDS, the mobilization of resources, the contribution to the development of leadership, and for a permanent action aiming to improve maternal and child health. Article 5 Objectives The objectives of OAFLA are the following: A) Strengthen the capacity of members of the organization to bring efficient responses against HIV and AIDS and on the problematic of maternal, neonatal and child health B) Reduce the stigmatization and discrimination of people infected and/or affected by HIV and AIDS C) Mobilize partners and financial and material resources at the national, continental and international levels in order to facilitate the expansion of the response to the pandemic of HIV and AIDS D) Advocate for the implementation of efficient prevention and treatment strategies and psycho social support for HIV and AIDS E) Ensure the monitoring and evaluation of the implementation of activities of OAFLA Article 6 CHAPITER III Guiding principles The Organization of African First Ladies against HIV and AIDS shall follow the following principles: A) Respect the strategic framework, national priorities and policies and reinforce national programs B) Give due regard to existing achievements and initiatives, it is understood that the responsibility for national programs rests with the Member States C) Advocacy for Human Rights that are consistent in general with African values and norms and in particular for people living with HIV and AIDS D) Promotion of the integration of a gender perspective in programs related to HIV and AIDS 2

3 E) Support for the implementation of programs pertaining to the fight against HIV and AIDS including those of preventions, treatment and psycho social support F) Ensure the implementation of regional and international conventions on HIV and AIDS and maternal, neonatal and child health Article 7 Membership qualifications CHAPTER IV Members and associate members Membership qualification for OAFLA is accessible for all member States of the African Union. In addition to states aforesaid, OAFLA may host within its associate members, named honorary or benefactor members Article 8 The following are members of OAFLA: A) Any First Lady representing her country and who meets the conditions stipulated in Art 10 B) A representative designated by the Head of State of the country which doesn t have a First Lady Article 9 Associate members An associate member under this constitution is any person on whom the General Assembly confers this title in accordance with the procedures and conditions set forth by the Rules of Procedure. Article 10 Conditions for membership Membership as defined in Article 7 paragraph 1 is subject to: A) The signature of the document framework of action of African First Ladies against HIV and AIDS approved in Geneva, July 15,2002 B) The payment of membership fee. Article 11 Loss of membership Membership may be lost on the basis of following: a) The voluntary withdrawal of the State represented by the First Lady or the withdrawal of her country from the African Union b) Dismissal from the organization arising out of established misconduct following the proposal of the steering committee and the adoption by the General Assembly 3

4 Article 12 The organs of OAFLA are: A) The General Assembly B) The Steering Committee C) The Executive Secretariat CHAPTER V The organs of OAFLA Article 13 Section I: The General Assembly a) The General Assembly is the supreme organ of the organization b) It shall meet once a year in ordinary session in the margins of the African Union summit. c) It may convene an extraordinary session in line with the African Union summit according to the provisions of Art4 of the Rules of procedure d) Between two General Assembly meetings, the coordination of the OAFLA activities is covered by the Steering Committee. Article 14 Composition of the General Assembly A) Members of the General Assembly are: A1) All African First Ladies who meet the requirements as set out in Article 10 A2) The representative designated by the Head of State of the country where there is no First Lady, in accordance with provisions of Article 10 B) Participants without voting rights may be: B1) The Secretariat as rapporteur B2) Associate members (honorary and benefactors) upon the invitation of Steering Committee B3) Technical Advisors - In the exception of Technical Advisors who are officially designated to vote B4) Any person who might contribute to the meetings, upon invitation of the Steering Committee B5) All countries with arrears of more than two years of statutory dues Article 15 Bureau of the General Assembly There shall be a bureau of the General Assembly which is composed of : 4

5 - The President in office - The Vice President - The Executive Secretary as rapporteur In case there is a duly noted vacancy, it shall be filled according to the provisions of the rules of procedure Article 16 Decisions of the General Assembly In accordance with the guiding principles, decision-making in the General Assembly shall be achieved by consensus. If this should fail, decisions shall then be made by voting, according to the provisions set down in the rules of procedure, Article 17 Powers and Functions A) The General Assembly is the supreme organ of OAFLA B) It shall be convened by the President of the Steering Committee in consultation with the Vice-President and other members of the bureau C) It is presided over by the President of the Steering Committee, assisted by the Vice-President D) It designates the members of the Steering committee, examines the annual report and the budget and defines the strategies of OAFLA. It adopts and revises the Constitution and the Rules of Procedure, in accordance with Article 38. E) It shall meet once a year. This meeting shall be called the ordinary General Assembly. The General Assemblies are to be scheduled in the margins of the meetings of the African Head of States summits. Extraordinary General Assemblies may be convened if necessary, according to the provisions laid down in the Rules of Procedure. F) The President in office in accordance with the provisions of Article 17 paragraph 2 decides about the place and date of the next General Assembly G) The General Assembly can delegate any power and function to any organ of OAFLA H) It confers the title of associate members(honorary or benefactor) to individuals or other entities, according to the provisions laid down by the Rules of Procedure I) It determines the amount of the annual contributions of members of OAFLA which amounts to $5000 and may be subject to revision on proposal of the Steering Committee. Section II The Steering Committee Article 18 Composition of the Steering Committee A) The Steering Committee is composed of ten (10) members : The President 5

6 The Vice-President Representative members of other regions B) The President of the Steering Committee shall de facto be the President of the General Assembly C) The Vice-President of the Steering Committee shall automatically be the Vice- President of the General Assembly D) Representative members of other regions shall be represented by another of the same region in case of incapacity to attend meetings E) The Steering Committee may co-opt other ad hoc members to accomplish specific tasks Article 19 Modalities of designation of the Steering Committee The sub-regional groups in Africa namely, (North, West, East, Central and South), designate two representatives per region based on the payment of annual contributions, on participation in meetings and events. A) These ten representatives, as members of the steering committee, elect and submit to the General Assembly for adoption, a President and a Vice-President elected for a two non-renewable consecutive years. B) The principle of the geographical and linguistic rotation of the President of OAFLA should be encouraged C) The other eight representatives become de facto members of the Steering Committee under their respective regions Article 20 Term of office of the Steering Committee The Steering Committee members are elected for two non-renewable consecutive years as per the modalities set by the Rules of procedure. However in case of the absence of candidatures, under the provisions of Art 19A, their mandate could be renewed. Article 21 Missions of the President A) The President in office of OAFLA, who shall also be the President of the Steering Committee, is responsible for representing and promoting the organization at the nations, regional and international levels. B) She convenes ordinary and extraordinary meetings of the General Assembly C) The Vice-President replaces the President if expressly delegated by the latter 6

7 Article 22 Functions and missions of the Steering Committee Members of the Steering Committee represent the organization and ensure its promotion in their respective regions. They also provide the missions entrusted to they by the President. The Steering Committee is in charge of : A) Implementing the decisions taken by the General Assembly B) Submitting recommendations or proposals to the General Assembly C) Giving directives to the Secretariat and monitor its operation. Article 23 Meetings of the Steering Committee A) The Steering Committee shall meet in ordinary session twice a year at international meetings of Head of States. B) It may meet in extraordinary session at the request of the President or according to the modalities set in the Rules of Procedure Section III The Executive Secretariat Article 24 : Office of the Executive Secretariat The Executive Secretariat is based in Addis Ababa, Ethiopia. It may however be transferred elsewhere on suggestion of the Steering Committee and after approval by the General Assembly. Article 25 Composition of the Executive Secretariat The Executive Secretariat is composed of an Executive Secretary assisted by a technical and administrative personnel necessary for OAFLA. Article 26 The recruitment process A. The recruitment of the Executive Secretary is subject to an international tender in accordance with the procedures established by the Rules of Procedure which is annexed herewith. B. The Executive secretary shall be recruited for a period of 5 years. However it can be renewable as per the conditions defined in the rules of procedure C. The Executive Secretariat has the responsibility to recruit the other members of the Secretariat in accordance with the Rules of Procedure after consultation with the Steering Committee. Article 27 The functions of the Executive Secretariat The Executive Secretary is in charge of the implementation of decisions taken by the General Assembly and carries out duties as delegated by the Steering Committee. Therefore: 7

8 A) It produces OAFLA s quarterly activity report for the Steering Committee B) It ensures the promotion of OAFLA under the supervision of the Steering Committee at the international and regional levels. C) It mobilizes resources for the implementation of OAFLA strategic plan. D) It promotes efficient and cordial working relations with the African Union Commission. E) It initiates and consolidates partnerships with donors, nongovernmental organization and others F) It administers and manages the finances and resources of the organization according to the modalities indicated in the Rules of Procedure. G) It supports and supervises the activities undertaken at regional level H) It coordinates the implementation of the activities of OAFLA I) The Executive Secretariat prepares an annual activity report of OAFLA undertaken at the national, regional and international levels and submits it to General Assembly for approval. CHAPITRE VII The budget and its implementation Article 28 The sources for the operation and implementation of OAFLAs programs are: The obligatory contributions of First Ladies Government subsidies The voluntary contributions of the private sector, bilateral and multilateral organizations of international cooperation Fundraising activities Donations and endowments Revenues from charity events All other contributions Article 29 The Secretariat shall prepare and submit the annual budget to the General Assembly for approval Article 30 The funds of the Organization shall be kept in a reputable international bank at the headquarters of the Organization. Article 31 The Executive Secretary shall manage the expenditures in accordance with the resolutions of the General Assembly and the procedures defined in the Rules of Procedures of OAFLA 8

9 Article 32 The OAFLA accounts shall be subject to an annual audit by a recognized audit firm. Article 33 CHAPITRE VIII Relations with partners OAFLA shall establish relations and co-operate with partners of its preference. Any formal agreement concluded with these partners shall be subject to the approval of the Steering Committee. Article 34 OAFLA may on matters within its competence, promote forms of cooperation with nongovernmental, national, regional and international organizations pursuing similar goals. Article 35 Languages The working languages of OAFLA are those of the African Union Article 36 CHAPITRE IX Final clauses OAFLA shall be registered as a legal entity in accordance with the laws of the country hosting its headquarter Article 37 The law of the host country shall determine the privileges and immunity that OAFLA and its personnel are entitled to Article 38 Amendments and revisions Proposals of amendments or revisions of the Constitution and Rules of Procedure shall be submitted to the approval of the General Assembly and the Steering Committee. Article 39 Dissolution or change of appellation The dissolution or the change of appellation of OAFLA shall be decided by the General Assembly in accordance with the procedures established by the Rules of Procedure. Article 40 Entry into force The present Constitution shall enter into force once adopted by the General Assembly. 9

10 Done at On the The President of OAFLA First Lady of The Vice-President of OAFLA First Lady of The member of the Steering Committee First Lady of On behalf of the region The member of the Steering Committee First Lady of On behalf of the region The member of the Steering Committee First Lady of On behalf of the region 10

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