CONSTITUTION. Latin American Union of the Blind ULAC

Transcription

1 CONSTITUTION Latin American Union of the Blind ULAC Amendment passed at the 7th General Assembly held at Bento Gonçalves, Brazil, on May 7 and 8, 2008 Chapter 1. Name, status, timespan and location Article 1 The name of the association is Unión Latinoamericana de Ciegos (Latin American Union of the Blind - ULAC), hereafter, in this Constitution and in other cases, ULAC. It was constituted on November 15, 1985, at Mar del Plata city, Argentina, by Latin American organizations of and for the blind, as an initiative of the Consejo Panamericano Pro Ciegos (Pan American Council in Favour of the Blind - CPPC) founded in 1956 in Lima, Peru, and the Organización Latinoamericana para la Promoción Social de los Ciegos y Deficientes Visuales (Latin American Organization for the Welfare of the Blind and Partially Sighted OLAP) founded in 1977 in Sao Paulo, Brazil, in order to fully attain their aspirations through joint action. ULAC is a non-governmental non-profit making organization. Article 2 ULAC is formed for an unlimited period of time and its action covers the Latin American Region. Its headquarters will be located in the same country of its Technical Office. Chapter 2. Definitions, objects, powers and relationships Article 3 Definitions: a) ULAC adopts the definition of blindness of the World Health Organization that includes both totally blind and low vision persons. b) Organizations of the blind are those with a majority of blind members who leader and govern them, and whose main aim is to achieve blind persons comprehensive development and welfare through political actions, programs and services. Their governing bodies are periodically elected by the General Assembly of their members. c) Any other organizations working in the field of blindness with the main goal of promotion and care of blind persons and that according to this constitution do not qualify as organizations of the blind, will be considered organizations for the blind. Article 4

2 ULAC objectives are: a) To work for the unification of the blindness movement in the countries of its region, and to promote the establishment and development of national organizations of and for the blind in them. b) To promote actions for the prevention of blindness in coordination with other organizations. c) To ensure the equalization of opportunities and full participation of blind persons in Latin America so that they achieve their comprehensive development. d) To strengthen self-confidence and self-esteem of blind persons to encourage the development of their personality and their self-fulfillment, so that they can become full community members. e) To promote the adoption and respect of norms that abolish discrimination in Latin American countries to contribute to the equalization of opportunities and the social inclusion of blind persons. f) To protect and advocate for the respect of the human rights of blind persons. g) To encourage scientific and technological research to improve the social, cultural and economic level of blind persons and to promote the exchange among national and international organizations. Article 5 The powers of ULAC shall include among others, the following: a) Being a political, technical, administrative and coordination body to promote research and improvement of the organizations of and for the blind and their specific actions. b) Being a forum to canalize knowledge and experiences in the field of blindness. c) Promoting the development, exchange and permanent updating of policies and actions on prevention of blindness, health, assistance and social welfare, education, rehabilitation, professional training, employment, sports, leisure and cultural activities, technology and human rights of blind persons. d) Encourage networking among persons and organizations that work in Latin America in favour of the blind and provide them appropriate counselling. e) Periodically organizing the Latin American Congress of the Blind as well as seminars, courses, conferences, workshops to improve the quality of life of blind persons. f) Adopting every necessary measure to contribute to the achievement of its objects. Article 6 Relationships: ULAC will establish and maintain relations with national and international organizations that can contribute to its goals. Chapter 3 Membership Article 7 ULAC will include the following categories of members:

3 a) National: Organizations of and for the blind with legal status or created by a legal ruling, which act locally, and request this condition to the Table Officers and are accepted by them. b) Associated: Organizations of and for the blind with legal status or created by a legal ruling, which act locally, and request this condition to the Table Officers and are accepted by them. They need to have the consensus of the National Delegation of their country. c) International: Organizations which promote, coordinate and put in action programs either in favor of blind persons or in the field of blindness prevention in Latin America, and request this condition to the Table Officers and are accepted by them. d) Honorary: Those persons or organizations that have rendered an outstanding service to blind persons or in the field of blindness prevention in Latin America and are recommended by three national delegations. The General Assembly is the body that should accept them. e) Sponsor: Those persons or organizations that deserve this consideration by the General Assembly because of their permanent financial or service contribution. Chapter 4. National Representation Article 8 All the National and Associated Members of a country constitute its ULAC National Representation. It is their obligation to work for the achievement of the goals of the Union. Article 9 The National Representations will select among the National Members four Delegates to the General Assembly. At least two of them should represent organizations of the blind. If there were no organizations of the blind among the National Members, the National Delegation will only comprise two members. The representatives will have this position for the period of four years between the Assembly for which they were elected and the following one, unless the National Representation makes changes before that. Article 10 The National Delegates will appoint a Coordinator among them, who will coordinate the actions of this group. This coordinator in consultation with the other members of their National Representation, should submit a report on their country actions in the field of blindness, to ULAC Second Vice President, every six months. Article 11 The election of the Delegates mentioned in Article 9 of this Constitution, should take place with due anticipation so that it might be registered by the Secretary General six months before the ordinary meeting of the General Assembly. Chapter 5 The General Assembly Article 12

4 The General Assembly, hereafter, in this Constitution and in other cases, the Assembly, is the sovereign body of ULAC and it is constituted by all the Members of the Organization. Article 13 Only the members that have paid their membership fee may attend and participate in the Assembly sessions according to the rights settled in this Constitution in each case. National Delegates are entitled to vote and to speak. Other members will only have the right to speak. The Executive Committee members who are not National Delegates will have the right to speak. Article 14 The Assembly will meet ordinarily every four years jointly with the Latin American Congress of the Blind, and its date will always precede that of the General Assembly of the World Blind Union. Article 15 The Assembly may also hold extraordinary meetings in special circumstances. It will be convened by the Board, ex officio or at the request of the Executive Committee or at least at the request of one third of the recognized National Representations. Article 16 The sessions of the Assembly will be valid with the presence of one-half plus one of the recognized National Delegates. If the Assembly could not start its sessions because of lack of quorum at the first call, it might be called twice within the following forty-eight hours. In this case, the quorum will require the presence of 40% of the recognized National Delegates. Article 17 The decisions of the Assembly will be called Resolutions and they will be adopted by a simple majority of votes cast by the recognized Delegates, with the exception of either amendments to this Constitution or ULAC dissolution. Article 18 Among others, the powers of the Assembly are: a) To determine ULAC policies. b) To evaluate and make decisions about projects and reports presented by the Board and the Executive Committee, as well as about its members proposals. c) To elect Board members and the other Executive Committee members. d) To select the country that will be the venue of its next ordinary meeting. If the selected country cannot meet its commitment, the Board will have the power to select an alternative venue. e) To adopt decisions in any unforeseen case by this Constitution. Article 19

5 A Delegate of a National Representation assisting to the Assembly may carry up to the four votes of his/her country, upon presentation of the corresponding proxies. Article 20 The President of ULAC may invite observers to be present at the Assembly sessions. Article 21 The Executive Committee, in its ordinary session previous to the General Assembly will establish a Credentials Committee that will advise the Assembly on the validity of the representatives appointment. On the basis of the report of this Committee, the President will proceed to verify the quorum and open the Assembly. Article 22 Voting may be by acclamation, by roll call or by secret ballot. In the case of the election of the Board and the positions in the Executive Committee, voting shall always be by secret ballot when there is more than one candidate for a given position. If there is only one candidate for a certain position, there will also be a secret ballot if so requested by one third of the accredited Delegates; in this case, the candidate will need the majority of the present Delegates votes. If the candidate does not reach the simple majority of votes, the position will remain vacant and the Executive will take the corresponding decision, except in the case of the Board. If it so happens, a new nomination process must be opened. Chapter 6. Executive Committee Article 23 The Executive Committee, hereafter, in this Constitution and in other cases, the Executive, shall be composed of: a) The members of ULAC Board. b) The Secretaries with specialized roles. c) A representative of every International Member organizations. Article 24 To be a member of the Executive at least one of the following requirements must be fulfilled: a) To be a Delegate to the Assembly of either a national or an associated member of ULAC and to count with the endorsement of a majority of the Delegates of the corresponding National Representation. b) To be a representative of an International Member of ULAC. As regards the specialized Secretariats, the Delegates of the National Representations will be able to nominate candidates who are not taking part in the Assembly. In such a case, that person should have the endorsement of the majority of the Delegates of his/her National Representation, and submit a

6 signed document of acceptance of his/her nomination and to comply with the requirements included in Article 43. Single Paragraph: In any of these cases, the person must have covered his/her membership fees. Article 25 According to the proposed Agenda, the President may invite experts to be present and participate in the Executive meetings,. Article 26 Among others, the Executive powers will be: a) In case of vacancy, appoint the members of the Board and of the Executive itself, for the rest of the term. b) To review this Constitution, ex officio or at the request either of the Board or of one third of the National Representatives, to prepare the amendment that must be approved by two thirds of its members, and, if so, to submit it to the Assembly. c) To declare the vacancy of either Board or Executive positions and appoint the substitutes for the rest of the term. In the first case, two thirds of the votes of its members are required d) To approve and amend the internal by-laws required for ULAC better operation. e) To select the venue of the Technical and Administrative Office that should support ULAC work and the National Member in charge of whom it should be. This person and ULAC President will negotiate together the required technical and financial resources. f) To make decisions on the Board agreements and resolutions submitted to the Executive for their consideration. Article 27 Each Executive member is entitled to vote. In the event of a tied vote, the President may exercise a casting vote. Its resolutions will be adopted by simple majority of the votes cast, with the exception of the cases in which the Constitution requires a qualified majority. The President may conduct a postal ballot either via regular post or electronic with the participation of the Executive members, whenever, in his/her opinion, a solution is needed for an urgent issue, that cannot wait until the next meeting of the Executive. In such a case, to have a valid resolution, at least three members of the Board and more than one half of the other Executive members should have cast their votes. The decisions made should be included in the Minutes of the next Executive meeting. Article 28 The quorum of the Executive sessions will consist of three Board members plus more than one half of the other members. Article 29

7 The Executive will hold both ordinary and extraordinary meetings. The first ordinary one will take place immediately after the Assembly in which it has been elected; the second will take place in the period between one ordinary session of the Assembly and the other one; and the last just prior to the Assembly sessions in which its action will end. The extraordinary meetings will be convened by the President, ex officio o at the request of one half plus one of the Executive members. Article 30 The Executive term will last four years and it will cover from the Assembly session in which it was elected up to the following Assembly session. The Executive members can be elected twice for the same position. Article 31 Every Executive member should submit general reports about his/her action during the term, to the Secretary General, at least one hundred and twenty days before the Assembly in which his/her term ends. These reports will be circulated among the National Representations so that the Assembly is able to give a clear opinion about them. The Secretary General will also circulate a copy of the Assembly minutes to be reviewed during the sessions. Chapter 7. The Board Article 32 The Board of Directors, hereafter, in this Constitution and in other cases, the Board, shall be composed of a President, a First Vice President, a Second Vice President who shall be blind or low vision persons-, a Secretary General, a Resources and Finance Secretary and the Immediate Past President, if the President is not elected for a second term. Article 33 The Board members shall not hold territorial status during their term of office. Article 34 The Board will meet whenever the President deems it necessary or when it is demanded by a majority of their number. Its sessions will be valid with the presence of more than one half of its members. Article 35 The Board shall take decisions on matters of internal administration, carry out financial duties in accordance with the decisions made by the Assembly or by the Executive and call the Executive and the Assembly for their ordinary and extraordinary meetings. The Board shall follow up the accomplishment of the Action Plan and in general, shall take decisions on matters related to the work of the Union. Article 36 ULAC President shall chair the Assembly, the Executive and the Board meetings and legally represent ULAC in all issues; he/she shall be able to

8 delegate his/her representation on another Executive member, and in general, shall coordinate the work of the Board and shall take care of the good development of ULAC. Article 37 The First Vice President shall automatically replace the President be it temporarily of permanently, as the case may be, with all his/her powers, attributions and responsibilities. He/she shall be in charge of the political and technical coordination of the specialized secretariats and shall accomplish the powers expressly delegated on him/her by the President, the Executive and the Board. Article 38 The Second Vice President shall automatically replace the First Vice President be it temporarily or permanently, as the case may be, and shall be responsible of encouraging the work of the National Representations, shall articulate the actions taken by their Coordinators and shall be the link among them and the Executive. Article 39 The Secretary General shall be responsible of writing the minutes of the Board, the Executive and the Assembly meetings, shall prepare the meetings of these bodies, shall be responsible of communications, shall check the membership applications and shall keep the corresponding registers. He/she shall also accomplish the actions that because of his/her position, the President, the Board or the Executive expressly assign to him/her. Article 40 The Resources and Finance Secretary shall handle ULAC bank accounts with the President s authorization and on behalf of ULAC. He/she shall also submit financial reports and a follow up of the annual budget implementation, whenever the Board, the Executive and the Assembly hold ordinary sessions, or when he/she is requested to do that. He/she shall also negotiate resources that allow the positive development of ULAC, under the President s leadership. Article 41 To be a Board member, at least one of the following requirements must be fulfilled: a) To be a Delegate of the National Representation of his/her country to ULAC General Assembly. b) To be a representative or employee of a National Member who shall endorse his/her nomination In all cases, that person shall have the endorsement of the majority of the National Delegation to ULAC Assembly. Chapter 8. Specialized Secretariats Article 42 ULAC shall have specialized Secretariats in the areas of:

9 a) Education and Culture b) Rehabilitation c) Professional Training and Employment d) Technology and Information Access e) Equality and Gender f) Youth g) Elderly Persons h) Human Rights and Legal Issues i) Blindness Prevention j) Physical Education, Leisure and Sports. Article 43 Each one of these Secretariats shall be in charge of a person elected by the Assembly. That persons shall prove to have at least five year experience, submit a working plan together with his/her nomination and the endorsement of either a National or Associated member of his country. These documents shall be presented to the Secretary General thirty days before the Assembly dates. The Secretary General may appoint one or more persons with the required professional qualification to collaborate with him/her. Article 44 The Assembly, the Executive or the Board may request the opinion of any specific Secretary for the adoption of resolutions or recommendations, or to implement plans, projects and programs, within a deadline to be settled. If the request is not fulfilled within the stipulated frame of time, the resolutions may be adopted; notwithstanding the Executive is free to act as it is stipulated in Art. 26 section c of this Constitution. Article 45 In addition to the Specialized Secretariats as established in Art. 42, the Assembly, the Executive or the Board may appoint temporary Committees or Working Groups to develop a certain task. Chapter 9. Resources and Finance Article 46 Every ULAC member shall pay annual membership fees, which will be settled by the Assembly on a proposal made by the Executive. They cannot be less per country than the amount corresponding to the membership fees paid by four National Members. Different categories of members will pay different membership fees. Honorary Members will not pay membership fees. Article 47 The annual membership fees must be paid within the corresponding financial year with the exception of the last year of each administrative term. In this case they must be paid before the ordinary sessions of the Assembly. Article 48 The Board is entitled to suspend a member who has not paid the corresponding membership fees for some time. The Board must inform the Executive which is

10 the body entitled to make decisions on this matter and interrupt or not its member status. Article 49 The financial year of ULAC shall run from the 1 st January to the 31 st December of the same year. Article 50 ULAC financial management will be recorded according to the accepted accounting practices and the corresponding documents will be under the care and custody of the Resources and Finance Secretary. These documents shall be available to the members of the Executive at their request. Article 51 The Resources and Finance Secretary will annually send a report of ULAC financial management to the members of the Executive, to the Coordinators of the National Representations and to the International Members. Chapter 10. Amendments and Dissolution Article 52 This Constitution may be amended at any assembly by two-thirds of affirmative authorized votes whenever there is an amendment negotiation in course. Article 53 Amendments may be recommended to the Executive by one third of the National Delegations. The Executive will submit them to the next Assembly meeting. Article 54 Any proposal of amendment must be in the hands of the Secretary General one hundred and eighty days before the date of the Assembly at which it is to be discussed. The Secretary General shall circulate all the amendment proposals among all the voting members at least ninety days prior to the meeting at which they shall be discussed. Article 55 The procedure for ULAC dissolution shall be the same as the established one for amendments of this Constitution. It should be initiated through a proposal of the Executive or through the positive vote of two thirds of its members, or through one third of the National Representatives. Article 56 In the event of approval of ULAC dissolution, all its funds and assets will be passed to the World Blind Union (WBU) with the specification that they should be assigned to programs in Latin America, in consultation with Latin American WBU member countries at the time. Chapter 11. Final rulings

11 Article 57 The Latin American Union of the Blind is the regional union for Latin America of the World Blind Union. Its goals must be consistent with those of the World Blind Union but they shall be focused for implementation and development in the Latin American region prioritizing blind persons and the organizations of the blind in the area. Article 58 This Constitution will come into force immediately after its being passed.