RULES OF PROCEDURE FOR
“THE REPORTING NETWORK FOR RELATIVES OF PERSONS IN JUDICIAL CARE”
1. Association
1.1 This association is lawfully registered in the Ministry of Home Affairs and Environment
2. Name and associated symbols of Association
2.1 The Name of the association is “Reporting Network for Relatives of Persons in Judicial Care” or the abbreviated name of “Reporting Network”. The word ‘association’ will hereafter refer to Reporting Network for Relatives of Persons in Judicial Care in this Rules of Procedure.
2.2 The term ‘Judicial Care’ within this Rules of Procedure will be used in its broadest sense to include persons who have their personal liberties lawfully constrained by the police, penal or court authorities.
2.3 The association will have no motto, flag, symbol save the name of the association as provided in this Rules of Procedure.
2.4 The Executive Committee can seek to approve a motto, flag or symbol at a future date so long as meets the following conditions
2.4.1 A single motto, flag and/or symbol receive a accepted through a unanimous vote of Executive Members
2.4.2 The approved motto, flag and/or symbol does not undermine or compromise the objectives or values of the association
2.4.3 The approved motto, flag and/or symbol is accepted by the Maldivian authorities and accredited to the association
3. Full Address of association
3.1 The registered office the Association will be located at:
3.2 The association will reserve the option to open offices in other locations if this assists in achieving the objectives of the association and resources permit
4. The Objectives of the Association
4.1 The overriding objective of the Association is to promote transparency and accountability within the judicial and penal systems of the Maldives through the maintenance of a reporting network for families of persons in judicial care.
4.2 The wider ambition of the association is to promote public and international confidence in the Maldivian judicial and penal systems, leading to a peaceful and cohesive society as well as ensuring the continued support for the Maldives government by the international community.
4.3 This Association will allow families of persons in judicial care to:
4.3.1 Be advised of the legal rights of their relatives in judicial care
4.3.2 Be advised as to what actions they can undertake in order to help secure those rights.
4.3.3 Regularly receive reports on the efforts of families of persons in judicial care and relay these reports to Recipient Members of the association via any suitable print and electronic media.
4.4 The values of the association will be non-violence, impartiality, integrity and compassion. All members of the association will be expected to adhere to and express these values in their professional and personal conduct.
4.5 The association will strive to operate in a fully transparent manner and will advise the Maldivian authorities of the activities and status of any programmes within the association.
5. Capital and Property of Association
5.1 The capital and property of the association shall not be distributed among any Members of the association, including the Executive Committee Members.
5.2 The Members and Executive Committee Members shall have no right of possession over the property and money of the Reporting Network
5.3 In the event of the dissolution of the association, the ownership of this property and money shall be transferred to the Maldives Human Rights Commission after all debts and liabilities have been discharged
6. Procedure of membership and types of membership of the association
6.1 The association consists of the following types of membership:
6.1.1 Participating Members
6.1.1.1 Participating Members are qualified to apply for membership by the fact they have a well-founded belief that they have a relative or close associate in judicial care in the Maldives
6.1.1.2 Participating Members will be advised on their legal rights and the lawful actions they can undertake to assist their relatives in judicial care
6.1.1.3 Participating Members will be advised of the consequences of taking unlawful actions or purposefully providing false information with deliberate intention to sully the reputation of the association or the Maldivian authorities
6.1.1.4 Participating Members will be provided with customized action plans, which they can implement according to their own free will.
6.1.1.5 Participating Members will be contacted on a regular basis in order to provide detail on what actions they have undertaken, the results of these actions and what other information they have available about their relatives in judicial care
6.1.1.6 Participating Members will have no financial obligations made upon them.
6.1.1.7 Participating Members will have no automatic rights to remuneration from the association.
6.1.2 Functionary Members
6.1.2.1 Functionary Members are individuals who undertake the operational, support and administrative functions of the association.
6.1.2.2 Functionary Members may work in a remunerated or unremunerated capacity. Remuneration should be benchmarked against equivalent remuneration provided for similarly qualified and experienced personnel in similar organizations.
6.1.2.3 Functionary Members should be provided with specific role descriptions as devised by the Executive Committee.
6.1.3 Executive Members
6.1.3.1 Executive Members are Members of the Executive Committee and will be responsible for the functions of that Committee.
6.1.3.2 Executive Members are appointed by the Board of Trustees
6.1.3.3 Executive Members will number no more than five individuals
6.1.3.4 Executive Members may also be Functionary Members and/or Participating members but cannot be Trustee Members
6.1.3.5 Executive Members may work in a remunerated or unremunerated capacity. Remuneration should be benchmarked against equivalent remuneration provided for similarly qualified and experienced personnel in similar organizations
6.1.3.6 Executive Members will have specific role descriptions as provided in Article 8
6.1.4 Trustee Members
6.1.4.1 Founder Members will appoint three Trustee Members to form a Board of Trustees
6.1.4.2 Trustee Members will be appointed on the basis of possessing the following traits:
6.1.4.2.1 They are individuals of fully independent means
6.1.4.2.2 They are individuals that have demonstrated a strong managerial competency over a sustained period of time
6.1.4.2.3 They are individuals that have a long-standing reputation within the community for embodiment of the values of the association.
6.1.4.3 Trustee Members will be appointed for an indefinite term
6.1.4.4 Trustee Members must not be immediate relatives to Executive Members or Functionary Members.
6.1.4.5 Trustee Members will not be remunerated and will have no direct involvement in the Association other than to provide independent oversight of the Executive Board.
6.1.4.6 Trustee Members will not belong to any other category of membership
6.1.4.7 Trustee Members are responsible for
6.1.4.7.1 Appointing Executive Members to the Executive Committee
6.1.4.7.2 Approving final audited annual accounts and annual reports provided by the Executive Committee
6.1.4.7.3 Administering any extra-ordinary votes within the Executive Committee by secret ballot
6.1.5 Founder Members
6.1.5.1 The Founder members are: [name 1] and [name 2]
6.1.5.2 Founder members are responsible for appointing the Board of Trustees.
6.1.5.3 Founder Members cannot impose any conditions upon the Trustee Members save what is provided for in this Rules of Procedure
6.1.5.4 Founder Members will have no function or responsibility for as long as the Executive Committee remains active and operational
6.1.5.5 Founder members can be Executive Members, Functionary Members, Participating Members and/or Recipient Members but cannot be Trustee Members
6.1.6 Recipient Members
6.1.6.1 Recipient Members are individuals and institutions who directly receive the reports compiled by the association concerning the efforts made by Participating Members to realize their legal rights with respect to their relatives in judicial care.
6.1.6.2 Recipient Members will be credible individuals and institutions and should have a recognizable reason to be concerned for the legal rights of those in judicial care
6.1.6.3 Recipient Members should embody the values of the association
6.1.6.4 Recipient Members will not be required to pay any subscription but maybe approached to provide donations to the association
7. Procedure for termination of membership and expulsion from association
7.1 Termination of membership
7.1.2 Membership will be automatically terminated if:
7.1.2.1 The Member dies
7.1.2.2 The Member resigns from the association
7.2 Expulsion of members from association
7.2.1 Participating Members
7.2.1.1 Participating Members can be expelled from the association if there is well founded and compelling evidence that they have intentionally provided false or misleading information to the association in order to sully the reputation of the association or the Maldivian authorities.
7.2.1.2 Prior to any vote to expel a Participating Member, the Executive Committee must consider and provide written considerations on the following:
7.2.1.2.1 That the evidence available is well-founded and compelling
7.2.1.2.2 Due care has been taken when the evidence consists of an allegation made by a single source
7.2.1.2.3 That any expulsion of a Participating Member would not be of extreme detriment to their relative in judicial care
7.2.1.2.4 That not expelling a Participating Member would put the association at a high risk of being sued or seriously compromised to the detriment of other Participating Members
7.2.1.3 The Chairperson will have the authority to expel a Participating Member following a majority vote by Executive Members recommending an expulsion
7.2.2 Functionary Members
7.2.2.1 Functionary Members will have their membership and any associated privileges withdrawn after two written disciplinary warnings provided by the Executive Committee.
7.2.2.2 Reasons for issuing a disciplinary warning include:
7.2.2.2.1 Failure by a Functionary Member to undertake duties as provided within a specific role description because of intentional negligence and without extenuating circumstances.
7.2.2.2.2 The deliberate behaviour of a Functionary Member that makes the working conditions for other members intolerable or unproductive
7.2.2.2.3 Any malicious action by a Functionary Member that gravely undermines the purpose of the association or that brings the association into serious disrepute
7.2.3 Executive Members
7.2.3.1 Two members of the Executive Committee can call for a vote of no confidence against any Executive member on the following reasons
7.2.3.1.1 Failure by an Executive Member to undertake duties as provided within a specific role description because of intentional negligence and without extenuating circumstances.
7.2.3.1.2 The deliberate behaviour of an Executive Member that makes the working conditions for other members intolerable or unproductive
7.2.3.1.3 Any malicious action by an Executive Member that gravely undermines the purpose of the association or that brings the association into serious disrepute
7.2.3.2 Executive Members will be expelled following a vote of no confidence supported by three-quarters of the total number of Executive Members. This vote will be by secret ballot as administered by the Board of Trustees
7.2.3.3 An Executive Member facing a vote of no confidence can appeal to the Board of Trustees for a non-binding recommendation to the Executive Committee.
7.2.4 Trustee Members
7.2.4.1 A vote of no confidence against a Trustee Member can be brought about on any basis that undermines the values, purpose and viability of the association by two of the Executive Members
7.2.4.2 Trustee Members will be expelled following a vote of no confidence supported by half of all Executive Members and Trustee Members.
7.2.4.3 This vote will be organized by an Executive Member and a Trustee Member who are not themselves facing a vote of no confidence. The vote should be organized to reflect the opinion of the entire Executive Committee and Board of Trustees.
7.2.5 Founder Members
7.2.5.1 Founder Members will be expected to offer their own resignation if there is well founded and compelling evidence that they have sought to stipulate any conditions upon the appointment of a Trustee Member save for what is provided within this Rules of Procedure. This includes the condition that particular individuals, including themselves, are appointed as Executive Members
7.2.6 Recipient Members
7.2.6.1 Recipient Members will be expelled from the association if they have sought to use the information provided by the reports of the association in a malicious manner designed to cause harm to anyone in judicial care.
7.2.6.2 Recipient Members will be expelled from the association if they fail to immediately cease any activity about which the association has advised is causing harm to Participating Members or their relatives in judicial care
7.2.6.3 Recipient Members will be expelled from the association if they do not conform to the values of the association as determined by a majority vote of Executive Members. Any vote to expel a Recipient Member by the Executive Committee should be undertaken according to a secret ballot that as administered by the Board of Trustees
8. The Executive Committee, its designations and duties of these designations
8.1 The Executive Committee consists of the following roles:
8.1.1 Chairperson
8.1.1.2 The position on Chairperson is offered on rotation for one term of the Executive Committee.
8.1.1.3 The role of the Chairperson is as follows:
8.1.1.3.1 Represent the association to authorities, diplomatic missions and other organizations
8.1.1.3.2 Establish specific annual targets for the association within one-month from the beginning of the term of the Executive Committee
8.1.1.3.3 Seek to expand the coverage of the network both in terms of Participating Members and Recipient Members
8.1.1.3.4 Generate consensus within the Executive Committee
8.1.1.3.5 Seek that all programmes are properly reviewed and signed-off by the Legal Counsel and Financial Controller
8.1.1.3.6 Ensure that fundraising targets are realistic and ensure budgets are agreed by the Executive Committee in a timely manner
8.1.1.3.7 Act on any reports of impropriety by a member of the association in an objective and fair manner according to this Rules of Procedure
8.1.1.3.8 Mediate between any staff disputes with the aim of resolving tensions and maintaining staff moral
8.1.1.3.9 Sign disciplinary warning letters and undertake or supervise any associated actions
8.1.2 General Secretary
8.1.2.1 The position of General Secretary is offered on rotation for one term of the Executive Committee.
8.1.2.2 The role of the Secretary General is as follows:
8.1.2.2.1 Convene meetings of the Executive Committee
8.1.2.2.2 Table an agenda for each monthly Executive Committee meeting one week prior to its scheduled date. This agenda should also list any complaints received by the association for consideration by the Executive Committee
8.1.2.2.3 Ensure a common response to complaints is agreed by Executive Members in a timely manner
8.1.2.2.4 Undertake any action as required to act upon as an agreed response to a complaint
8.1.2.2.5 Take minutes during Executive Committee meeting and distribute copies of minutes to all Executive Members within one week following Executive Committee meeting
8.1.2.2.6 Ensure all actions and decisions made by the Executive Committee are undertaken according to the Rules of Procedure
8.1.2.2.7 Collate summary reporting and financial data to the Executive Committee on a regular basis
8.1.2.2.8 Oversee the production of an Annual Report detailing reporting statistics, detailed budget, progress against specific objectives as well as noteworthy achievements, cases and concerns
8.1.2.2.8 Oversee tasks and duties undertaken by the Functionary Members
8.1.2.2.9 Ensure reporting standards are maintained
8.1.2.2.10 Provide remuneration benchmarks for Executive and Functionary Members in cooperation with the Financial Controller
8.1.2.2.11 Design and approve role descriptions for all Functionary Members
8.1.2.2.12 Design and implement the necessary personnel structures for a coordinated and motivated association
8.1.3 Executive Member without portfolio
8.1.3.1 The position of Executive Member without portfolio is offered on rotation for a period of one year.
8.1.3.2 The post of Executive Member Without Portfolio is defined as:
8.1.3.2.1 In co-operation with the Financial Controller and Secretary General, design and pursue fundraising strategies that meet the funding targets set by the Executive Committee
8.1.3.2.2 Devise and undertake specific projects, approved with the unanimous agreement of all other Executive Members, to enable the association to better achieve its objectives
8.1.4 Legal Counsel
8.1.4.1 The Legal Counsel is a permanent part-time post assigned to a person who embodies the values of the association and is competent to practice law within the Maldives.
8.1.4.2 The post of the Legal Counsel involves the following responsibilities:
8.1.4.2.1 Ensure that any activity, programme or reporting undertaken by the association is complaint with Maldivian and international law
8.1.4.2.2 Ensure that the summary legal advice given to Participating members is both accurate and relevant
8.1.4.2.3 Ensure adherence to reporting best practice to maintain the usefulness and credibility of the association
8.1.4.2.4 Ensure that the Executive Committee is fully advised of the possible legal risks inherent in any programme.
8.1.5 Financial Controller
8.1.5.1 The Financial Controller is a permanent part-time post assigned to a person who embodies the values of the association and is competent to manage and audit company accounts.
8.1.5.2 The Financial Controller can supervise a Functionary Member in fulfilling the tasks as described in this list of duties to be undertaken by the Financial Controller
8.1.5.2 The post of the Financial Counsel involves the following responsibilities:
8.1.5.2.1 Receive, acknowledge and maintain full records of all donations
8.1.5.2.2 Report any donations from sources that do not conform with the values of the association to the Executive Committee
8.1.5.2.3 Respond to financially related queries made by donors
8.1.5.2.4 To assess the viability of any financial commitments undertaken by the association
8.1.5.2.5 Approve disbursements larger than MR700
8.1.5.2.6 Report any suspicious or unreasonable expenditure to the Executive Committee and Board of Trustees
8.1.5.2.7 Ensure that proper book keeping and auditing methods are followed
8.1.5.2.8 Prepare accounts for Annual Report
8.1.5.2.9 Work with Executive Member without Portfolio to devise and implement proper funding strategy
8.2 The Executive Committee should meet on the first Sunday of each month in order to undertake the following tasks
8.2.1 Review performance against monthly targets
8.2.2 Review quality of work undertaken during previous month
8.2.3 Receive and consider any complaints submitted during previous month
8.2.4 Review financial position
8.2.5 Set targets and priorities for following month
8.3 If it is not possible for two-thirds of the Executive Committee to be present due to extenuating circumstances that will not be resolved within a two-week period then quorum will be set at the number of Executive Members are able to participate in the Executive Committee.
8.4 The term of the Executive Committee is one year
8.5 The Executive Committee will ensure that Annual Report and Accounts are prepared and approved by the Board of Trustees within the month prior the end of each term
8.6 The Executive Committee can call for an ad-hoc meeting of Trustee Members, Executive Members or Functionary Members to discuss a specific issue at a time and place that is convenient for invited members.
9. Procedure of assigning or electing members to the executive committee and procedure of their expulsion
9.1 Appointing Executive Members
6.1.5 Executive Members will be appointed by the Board of Trustees.
6.1.6 Executive Members must not be immediate relatives to any of the Trustee Members
9.2 Expulsion of an Executive Member
9.2.1 An Executive Member can be expelled through a vote of no confidence held within the Executive Committee.
9.2.2 A vote of no confidence against an Executive Member is brought about by the following procedure:
9.2.2.1 First. Two or more Executive Members must propose a vote of no confidence by advising all remaining Executive Members in person that they will issue an ultimatum to the concerned Executive Member that they will face a vote of no confidence unless they consent to a specific proposal or resign within a one week period.
9.2.2.2 Second. If the specific Executive Member against whom the proposed vote of no confidence is directed has not consented to a specific proposal or resigned within a one-week period from the moment at which all Executive Members have been advised in person of the ultimatum then the two or more Executive Members who proposed the vote of no confidence may approach the Board of Trustees to administer a vote of no confidence within a two week period. This period of time can only be extended in exception and extenuating circumstances, and if extended should only be extended to the shortest possible time to allow a vote of no confidence to take place. A vote of no confidence following this designated period will not be valid.
9.2.2.3 Third. The vote of no confidence will be held by a secret ballot administered by the Board of Trustees
9.2.2.4 Fourth. A simple majority vote by the Executive Committee will be required to bring a vote of no confidence into effect
10. Rules on general meetings of the association, the convening, quorum, chairing and recording maintaining minutes of these meetings.
10. 1 The association will not hold regular or Annual General Meetings because of the logistical and financial constraints imposed upon Participating Members who maybe dispersed around many islands throughout the Maldives
10. 2 The Executive Committee can call an Extraordinary General Meetings if there is sufficient need.
10.2.1 The Executive Committee will consider there to be sufficient need when:
10.2.1.1 The Executive Committee wishes to alter the conditions of membership for Participating Members in a way that removes entitlements as provided under this Rules of Procedure
10.2.1.2 The Executive Committee wishes to dissolve the association
.
10.2.2 In the event of an Extraordinary General Meeting the following must be observed:
10.2.1.1 All Members must be informed of an Extraordinary General Meeting at least three weeks prior to its scheduled date.
10.2.1.2 All Members must be informed of any proposed motions or discussions at the Extraordinary General Meeting at least three weeks prior to its scheduled date.
10.2.1.3 All members who wish to attend an Extraordinary General Meeting must communicate that intent to the association so appropriate facilities and government approval can be obtained
10.2.1.4 Sufficient time must be allocated at the Extraordinary General Meeting for all members to question the Executive Committee and present brief arguments to all other participating Members.
10.2.1.5 Quorum at an Extraordinary General Meeting will be one-half of all Members and their Nominated Representatives. A Nominated Representative can represent more than one Member.
11. Voting procedure of Executive Committee meetings of the Association and how matters are passed in these meetings
11.1 Any matters, proposals or motions will be tabled for discussion within the agenda organized by the General Secretary prior to the monthly meetings of the Executive Committee.
11.2 All decisions and resolutions of the Executive Committee should be taken according to unanimous agreement by all Executive Members except if otherwise described in this Rules of Procedure
12. Finances
12.1 Subscriptions
12.1.1 No subscriptions can be taken from Members in order to:
12.1.1.2 Maintain impartiality towards Participating Members
12.1.1.3 Respect the likelihood that Participating Members will be under reduced circumstances and possibly indigent with the detention of their relative
12.2 Fundraising and Donations
12.2.1 The association will actively solicit donations for its own operations.
12.2.2 The association will identify appropriate individuals and organizations from which it can solicit donations.
12.2.3 The association will publicly provide address and bank account details into which monetary donations can be deposited.
12.2.4 All funds to be raised by voluntary donations from individuals and organizations that are reputable and do not compromise the purpose, operation or values of the association.
12.2.6 Voluntary donations cannot be received from Participating Members, the Police Services or National Security Services in order to maintain the appearance of impartiality
12.2.7 Voluntary donations can take the form of material equipment and supplies that assist in the work of the association
12.2.8 Reporting Network should seek to ensure that no more than 20 percent of its operating revenue comes from any single source
12.2.9 All donations, monetary and non-monetary, must be recorded and approved by the Financial Controller. All donations that the Financial Controller suspects may undermine the purpose, operation or values of the association must be referred to the Executive Committee
12.2.10 All donations will be audited and detailed accounts will be publicly released on an annual basis
13. Procedure to amend Rules of Procedure
13.1 The procedure of amending or changing any article of the Rules of Procedure is as follows:
13.1.1 Any proposed amendment or change is authorized through unanimous agreement of Executive Committee as verified by a secret ballot administered by the Board of Trustees
13.1.2 If a proposal that alters the criteria for Participatory Membership so that some existing Participatory Members will lose their membership is approved by the Executive Committee then the proposal must be put to a vote at a General Assembly
13.1.2.1 The same amendments or changes to the Rules of Procedure will be ratified by a majority vote within a General Meeting
13.1.3 All Members and donors that have financially or materially contributed within the term of the Executive Committee must be notified of any amendments or changes and allowed a two-week period to lodge any objection or comment
13.1.3.1 Received objections will not be binding upon the Executive Committee but must be responded to in writing by the Chairman of the association explaining why the objection is not held.
14. Procedure of dissolution of association
14.1 The association shall be dissolved following the same procedure as to amend the Rules of Procedure in Article 13 of this document
14.2 The ratification of a proposal to dissolve the association will be publicly announced to all members and donors
14.3 Upon the ratification of a proposal to dissolve the association all activities of the association shall cease, save what is stipulated by the Association Act and regulations concerning dissolution.