Dear Nnenna & All,
Here are my comments/amendments to the Constitution. Again thanks for
the English version.
Diana
Diana Mercorios
diana.mercorios@mitie.co.uk
_____
The Africa Civil Society for the Information Society +AJY
ACSIS
CONSTITUTION
PREAMBLE (open)
The representatives of the African Civil Society, meeting in Geneva and
Tunis, during the First and Second Phases of the World Summit on the
Information Society (WSIS), from 10 to 12 December 2003 and 16 to 18
November 2005;
Conscious of the importance of Information and Communication Technology
(ICT) on in the global development of societies, as well as the
challenge that the full engagement in the Information Society represents
for African countries;
Firmly convinced of the necessity to chart an African vision of the
Information Society which will take from taking into consideration the
views governmentsof governments, the private sector and the global Civil
Society. into consideration;
Aware of the decisive role that can be played by the continental
African Civil Society and that of on the continent and the Diaspora in
the mobilization of human, logistical and material resources for the
creation of the Information Society in which our priorities include the
promotion of health, educationlearning, cultures, a knowledge economy,
conflict resolution,peace and the fight against poverty, exclusion, and
the brain drain through the use of Information and Communication
Technology;;
Deeply preoccupied by the challenge of the Digital Divide between the
North and the South and within communities, and determined to contribute
in the transformation of this digital divide into Digital Opportunity
for all;
Preoccupied by the lack of access to ICT of Africans, especially women,
the youth, older persons and persons living with a handicap, to
ICTdisabilities, due to the lack of infrastructure, education and
training and the high costs; notably because of high costs of equipment
and the difficulty in the access to credit closely linked to the
ownership of property (how does this relate to access???);
Considering the resolutions and important recommendations of
international and regional conferences of the WSIS, notably those of
Istanbul and Bamako (2002), of the Strategic Plan of the African Union
on ICT (date?) and the principal documents of the two phases of the
WSIS:
* The Geneva Declaration of Principles and Action Plan (2003)
* The Tunis Engagement (2004??)
* The Tunis Agenda for the Information Society (2005)
* The two Declarations of the global Civil Society (Geneva and
Tunis);
Affirming their determination to implement these different documents
which are strong and essential contributions to the establishment of a
balanced (explain??), and equitable Information Society that will enable
human development in solidarity (in solidarity with what??);
Recognizing the cross-cutting nature of ICT and their its undeniable
impact on all the components of the New Partnership on African
Development (NEPAD), as well as the decisive contribution of ICT to the
Millennium Development Goals (MDGs); [Vague paragraph what is it trying
to convey?]
Strongly convinced that the Information Society, as we envision it, is
one that which will promote policies for human development through see
to poverty reduction;, eradication of pandemics like the HIV/AIDS, TB
and malaria pandemics; reinforcement of the fight against illiteracy and
ignorance through the, promotion of educationlearning; the promotion
of, cultures and, the quest for traditional indigenous knowledge,; the
promotion of good governance;, the recognition of respect in all
circumstances, the sacred and inalienable nature of human life and
thefor fundamental human rights of the human being,and the need for
promotion of gender equality; and the drive against the , the end of
marginalization of rural and other communities within society; areas,
and the establishment of coherent policies of human development;
Adopt the following:
CHAPTER 1: Creation, Denomination
Article 1
Is created,ACSIS is an international association[m1] , of all adhering
to the present constitution, and those that shall do so hereafter,
under the following articles, and in accordance with the Ethiopian Civil
Law (what are the integral aspects of this re: CS organizations?).
The association shall be known and addressed as The Africa Civil Society
for the Information Society (ACSIS) in English and Soci+AOk-t+AOk Civile
Africaine pour la Soci+AOk-t+AOk de l+IBk-Information (SCASI) in French.
CHAPTER II: Headquarters and Duration
Article 2
The headquarters of ACSIS is located in Addis Ababa, in Ethiopia[m2] .
On the decision of the cabinet and on approval by the General Assembly,
the headquarters may be moved to another African city at any moment.[m3]
The duration of ACSIS is unlimited.
CHAPTER III: Objectives
Article 3
The aim of ACSIS is to:
* Sensitize the African population and decision makers on the
importance of the challenges and as the potentials of ICT for Africa+IBk-s
economic integration[m4] and the global development of the continent.
* Stimulate the implementation of national and sub-regional ICT
Action Plans. on Information Society.
* Contribute to the promotion and visibility of African Civil
Society initiatives through including pilot projects and programs aimed
at the creation/propagation by the association+IBk-s member organizations
towards the consolidation of the African Information Society.[m5]
* Furnish institutional support and capacity development to
associations and organizations withinin African communities working in
the ICT domain, and by this, reinforce their competences and their
efficiency in the realization ofenabling them to realize their assigned
objectives.
* Reinforce cooperation and coordination among the continent+IBk-s
African Civil Society, the private sector and the governments at
regional and international levels.
CHAPTER IV: Mission
Article 4
In pursuit of its objectives as outlined in article 3, ACSIS shall
accomplish the following as its mission:
a. Develop partnerships among actors in the
government, private sector and Civil Society, enabling it to constitute
a veritable force for action, and proposalsing and implementing
policies for the reinforcement of a dynamic, strong and inclusive
Information Society.
b. Create a ICT database on to enable partnerships
Africanwith African expertisexperts, governmental and non-governmental
research and study centerse and African and international sources of
finance.
c. Carry out action oriented research for to identify
the benefit of the public and decision makers in Africa, notably, in the
to identificationy the of fundamental elements of the Information
Society and in the to proposale projects that will adhere to national or
sub-regional Action Plans
d. Use research and documentation to mobilize the
general population and lobby decision makers on progressive initiatives
promoting the development of the Information Society.
e. Furnish, if need be,Provide institutional and
technical support to African Civil Society associations and
organizations with an aim ofto reinforceing their operational capacities
on the field.
f. Organize seminars and thematic workshops and
training internships on ICT for African Civil Society associations and
organizations working for human development in on the continent.
g. [m6] BuildDevelop strategies and specific
sensitization actions projects on ICT for for women , major economic
actors in the informal sector to reinforcestrengthen their capacities in
vital domains like such as trade and agriculture.
h. Propose mobilizing pilot projects and programs to
mobilize and that will encourage larger a greater participation of by
women, older persons and the youthyoung people in the creation of the
Information Society.
i. Contribute to the establishment of +AJM-Digital
quarters, villages, and towns+IBkgGQ in liaison with comparative experiments
in other places for better collaboration. [Vague +AJY please explain???]
j. Establish a follow-up cooperation among Civil
Society actors, financiale institutions, the private sector and
governmental entities for the mobilization of resources to be used for
programs and projects that reinforce strengthen the African Information
Society.
j.Use ICT to Nnetwork national centers or of excellence in health,
education, the environment and culture on a national and in all the
sub-regional basis.s using ICT.
k.
l. Contribute to the creation of public access
points and polyvalent community multimedia centers, open to all, to
familiarize with ICT and its constant evolution.
m. Engage Encourage individuals and , local, national
and sub-regional institutions to establish networks and collaborative
partnerships in the Information Society movement by exchanging follow-up
information and a close collaboration with national decision makers,
sub-regional development organizations, research and university
educational institutions, resource personsexperts, development agents
(??), non-governmental organizations and other Civil Society actors and
the , private sector and Civil Society actors..
CHAPTER V: Membership (Articles 5 +AJY 23 have been adopted)
Article 5
Membership is open to all apolitical, non-confessional [what is this??]
African Civil Society entities, legally constituted, and who adhere to
the statutes of ACSIS.
Membership demands requests shall be addressed to the nNational
Coordinator, who will transmit refer it tosuch to the President through
the sub-regional Coordinator.[m7]
Membership status is decided by the Cabinet within 01 month.
Membership refusals shall be accompanied by explanations.
CHAPTER VI: Loss of membership [this should not be the 1st point in a
section dealing with membership. This section on membership should
outline criteria for membership (including any fees), benefits and
responsibilities THEN the removal of membership]. As it stands there is
nothing about how to join and criteria & benefits of membership, also
types of membership.
Article 6
Membership is lost on the in the case of:
* Death of individuals[m8] in the case of individual members
* Dissolution for moral entities [what is a moral entity??]
* Written renunciation announced at least 03three months before
end of year
* Removal by the sub-regional Coordination for lack of payment of
dues or for any other grave offense tainting the image or the integrity
of the association.
Article 7
Readmission may only be accorded by approval of the General Assembly.
(move to Art.7(e)
CHAPTER VII: Organs
Article 8
The organs of ACSIS are:
1. The General Assembly
2. The Cabinet
3. The sub-regional Coordinatorstions
4. The National Coordinatorsions
In addition to these, ACSIS will have a permanent Executive Secretariat
whose members shall be remunerated. The modalities shall be in the
byBye-laws.
CHAPTER VIII: General Assembly
Article 9 +AJY Ordinary General Assembly
The General Assembly is the supreme organ of the association.
The General Assembly is made up of all the members of the association.
Its mission shall be as follows:
a. Adoption of the constitution, byeby-laws and their amendments;.
It can modify the constitution if 2/3 of its present or represented
members attend
b. Approveal of the general policies of ACSIS
c. Approveal of the ACSIS Action Plan
d. Examininge and approvinge accounts, financial reports and
budgets
e. Admit and Rremovale and readmission of members
f. Elect members of the Cabinet
g. Examine and approve bi-annual Cabinet reports.
The General Assembly meets at least once every 02 yearsshall have
bi-annual general meetings or , not later than 03 three months after the
end of year. ; On occasions an extraordinary meeting may be convened if
called for by the Cabinet or two-thirds of the membership. as well as
any time when it is convened by the Cabinet, or on the demand of 2/3 of
the members.
For all General Assembly meetings the agenda and, invitations and the
agenda shall be sent 02 two months in advance.
The Agenda is will be drawn up by the Cabinet.[m9]
The President presides over the General Assembly.
The Treasurer presents the financial management report which shall be
approved by the General Assembly.[m10]
The General Assembly receives the report on Cabinet management.
It shall approve the accounts of the past year, vote the budget of the
following year, deliberate on the items on the agenda, and if need be,
renew the Cabinet.
All Ddecisions byof the General Assembly shall be by consensus or by
simple majority vote. In the case of a tie, the vote of the President
shall overrule. [not overrule +AJY should read +AJM-will have the casting vote+AJQ
All voting will be by Ssecret ballot. s may be called by a member.
General Assembly reports will be are taken by thecompiled by the
Executive Secretariaty and registered, signed/authorized by the
President.
Article 10: Extraordinary General Assembly Delete - this in my opinion
should be part of the preceding section so I have moved the text to what
I consider appropriate sections
On the proposition o the cabinet or of at least 2/3 of its members, the
extraordinary General Assembly may modify the constitution.
The constitution may only be modified by 2/3 of its present or
represented members.
In either case, the proposed modifications shall be an item in the
agenda of the next General Assembly, which shall be sent to all members
at least 02 months in advance.
The Extraordinary General Assembly shall only hold when 2/3 of the
members are present.
CHAPTER IX: The Cabinet
Article 1110
The Cabinet is the organ responsible for guiding, defining and
following-up of activities relevant to the general policies adopted by
the General Assembly.
Article 112
The Cabinet is composed of:
* 01a President
* 01 a Vice President
* 01 a Treasurer
* 06 6 Sub-regional Coordinators
Article 123
Members of the Cabinet are elected by the General Assembly for a tenure
of one 04four years termnon renewable.
All Vvoting is by secret ballot. Each member entity shall have one
vote.
CHAPTER X: Attributions Roles & responsibilities of Cabinet members
Article 143 +AJY The President
The President is the legal representative of the association. S/Hhe
convenes[m11] the General Assembly.
S/hHe is responsible for the overall welfare of ACSIS.
Article 154 +AJY The Vice President
S/hHe supports the President in her/his mission.
S/hHe shall replace represent the President in her/his functions in the
case of absence.
S/hHe is invested with necessary prerogatives[m12] .
Article 165 +AJY The Treasurer
S/hHe is responsible for the management of the financial resources of
the association.
S/hHe keeps the treasury and regular accounts on income from all sources
including, receives membership fees.
Qu: How often will accounts be produced?
Omitted section on Sub-Regional Coordinators +AJY it is confusing having it
under Art.18 when mentioned in Art.12. OR add title and signpost to
appropriate section.
CHAPTER XI: The Executive Secretariat
Qu: what is the nature of the link between the Exec Sec and the Cabinet?
Why is this not part of Cabinet bearing in mind the work it will be
doing?
Article 176
The Executive Secretariat is the executive organ of the association. It
shall implement ACSIS policies.[m13] It is established by the General
Assembly and is composed of:
1. An Executive Secretary
2. A Secretary
In carrying out its missions, the Executive Secretary may be assisted by
technical commissions created for such purposes.[m14]
The Executive Secretary ensures the administrative management of the
association[m15] . S/He keeps correspondence on behalf of the
association and assumes the following tasks:
a. Management Coordination of ACSIS personnel and resources.
b. Drafting reports for submission to the Cabinet.
c. Implementation of ACSIS Action Plan[m16]
CHAPTER XII: Sub-rRegional Coordinations
Article 187
The Sub-regional Coordinations are made up of the total National
Coordinations. Sub-regional Coordinations are classified as follows:
Northern Africa
Eastern Africa
Western Africa
Central Africa
Southern Africa
African Diaspora
Article 189
Sub-regional Coordinations shall:
a. Ensure coordination between the Executive Secretariat and
National Coordinations.
b. Propose and implement sub-regional plans and programs in
accordance with the ACSIS general policies.
c. Take active part in national programs and ensure their correct
implementation.
d. Draft and present annual reports to the Cabinet, with copies to
the Executive Secretariat and National Coordinations.
Sub-regional CoordinationsCoordination+IBk-s shall meet at least once a
year.
Article 1920
Sub-regional Coordinations are led by sSub-Rregional Coordinators who
are elected by the respective National Coordinators during the General
Assembly for one term of a tenure of 04 four years. non renewable.
The function of a Sub-regional Coordinator shall not be cumulated with
that of any other in ACSIS. Explain??? This has a coordination &
administration position similar to Exec Sec.
[m17]
CHAPTER XIII: National Coordinations
Article 201
National Coordinations represent ACSIS in African countries as well as
in the Diaspora.
Article 221
National Coordinations shall:
a. implement ACSIS global policies at the national level
b. propose and implement national programs and plans in conformity
with ACSIS objectives
c. Draft and present annual activity reports to the Ssub-regional
Coordination
Article 223
National Coordinations are led by National Coordinators who are elected
by the representatives of member associations during its General
Assembly for 03 years renewable.
National Coordinations shall meet at least once a year.
The function of a National Coordinator shall not be cumulated (ditto
explain this pls.) with that of any other in ACSIS
CHAPTER XIV: Financial resources of ACSIS (Open)
Article 234
The financial resources of ACSIS include:
* Membership fees
* Monies from ACSIS services and activities (studies,
consultanciesations, fees from events - organization of conferences,
exhibitions, etc. and sale of publications)
* Subventions (??), gifts and bequests
* All other non-illegal resources
Will ACSIS apply for funding from donors? If so needs to be added here
Article 245
Expenses shall include:
* Investment +AJY into/for what?
* FunctioningRunning costs +AJY specify wages, administrative, rent,
etc.
* Activities
Article 256
The President of ACSIS orders[m18] expenses. Management of finances
shall adhere to the following conditions:
a. ACSIS funds are lodged in an independent account bearing the
name of ACSIS in any financial institution determined[m19] by the
Cabinet
b. The account shall have Tthree signatories shall make the
engagement official on the occasion of the account opening: the- the
President, Treasurer and Executive Secretary.
c. Withdrawals are made with a minimum of two on the basis of a
double signatures, one of which is to includes that of the President.
d. All expenses of the association shall be approved by the Cabinet
e. ACSIS must will keep accounts available on (quarterly, yearly?)
basis
f. ACSIS accounts shall be verified by an external auditor within
in the 04 four months that follow the end of the financial year
g. The financial year shall runs be from the 1st of January to the
31st of December. of the same year.
CHAPTER XV: Property rights
Article 267
ACSIS shall have the rights to contract, acquire, and dispose of
property in accordance with the realization of its objectives.
CHAPTER XVI: Languages
Article 278
The working languages of ACSIS are English and French, and eventually,
the official language of a hosting country during a mission outside
African zones where neither English nor French is spoken. (please
explain this +AJY does this mean that if in Mozambique we use Portuguese;
if in Ethiopia Amharic???)
CHAPTER XVII : Amendements
Article 298
This present constitution can only be amended on the approved decision
of two-thirds 2/3 of the voting members present during a General
Assembly.
Article 2930
The President shall inform the competent relevant authorities of any
changes in ACSIS+IBk administration or decision-making instances (explain -
vague) within 02 two months.
CHAPTER XVIII: Dissolution of the Association
Article 301
The dissolution of the Association shall be done only if approved by
two-thirds of the voting members present during a General Assembly.
under the same conditions as those of the amendments.
Article 312
In the case of an eventual dissolution, the General Assembly shall name
the liquidators.
CHAPTER XIX: Bye-lawsBy-laws
What are the by-laws???
Article 323
By-laws adopted by the General Assembly shall determine the modalities
of the application of the present constitution
CHAPTER XX : Final dispositions
Article 34
In the case of any litigation, the tribunals of the host country shall
be competent. (Vague sentence +AJY clarify)
The present constitution shall apply only after approval by the General
Assembly.
_____
[m1] <> NB. This implies an informal grouping. In the UK there are
differences between an association and a network or charity organization
+AJY this impacts on governance, structure, funding & other issues. What is
ACSIS???
[m2] <> Is this the consensus of the debate on location?
[m3] <> There is need to specify general criteria for this especially
if the decision on basing in Addis is based on sponsorship by an agency
[m4] <> Into what? Delete highlighted part and I would say +IBg-progress
within global development+IBk
[m5] <> NB. I have deleted the section on initiatives by member
organizations as this will not necessarily be promotion of ACS
initiatives as a whole. ACSIS needs to reflect the work of ACS member or
not, if the information is there share it.
[m6] <> How about the Diaspora? Is the assumption that those Africans
in the Diaspora are not part of the African Information society? If
there is general agreement that we are then a rewording of the
highlighted text is necessary - I would suggest "...human development
within African communities."
[m7] <> Just my view but this is very bureaucratic!!!!
[m8] <> Does this mean that individuals can join? If yes revise
Article 5 which gives the impression that only groups can join.
[m9] <> Does the general assembly member have input into this?
[m10] <> Repeated text so deleted
[m11] <> In English this means to +IBg-call together+IBk. Is that the role
that the president will have or is it presiding over the G Assembly
[m12] <> This is vague +AJY it assumes we all understand what these are
[m13] <> It does not have the human resources to implement. I would
suggest that it be a communication and coordination body between the
different branches of ACSIS.
[m14] <> Somewhere in this document there should be something about
these +IBg-technical commissions.
[m15] <> NB: a similar job is being done by the Sub-regional Coords.
That being the case there needs to be more clarity of parameters of
work.
[m16] <> NB: you have national & sub-regional posts doing the same
thing +AJY what are the parameters? Need to specify at what level this
implementation of Action Plan is done by Exec. Sect.
[m17] <> Explain??? This has a coordination & administration position
similar to Exec Sec
[m18] <> I think that the word should be +IBg-approves+IBk or +IBg-authorizes+IBk
[m19] <> Is this referring to the fact that the bank that will hold
this will be determined by the Cabinet?
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Received on Mon, 23 Jan 2006 15:53:03 -0000
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