Constitution of the European Rohingya Council (ERC)

Ratified

August 24-25, 2013

Offenbach Germany www.theerc.net info@theerc.net

ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTILCE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25

NAME THE ERC PRINCIPLE AND DIRECTIONS TYPES OF MEMBERS REGISTRATION OF MEMBERSHIP DUTIES AND RIGHTS OF MEMBERS ERCS STRUCTURE AND ADMINISTRATION GENERAL CONVENTION THE ERC COUNCIL THE ERCS ELECTION THE OFFICE OF SECRETARY GENERAL LIAISONS BODY BRANCH BRANCH COMMITTEE DISCIPLINE THE YOUTH WING AND WOMEN WING ERCS LOGO ERCS FLAG SOURCE OF FUNDS ERCS FEES HOW TO DEPOSIT AND USE ERCS FUNDS CONVENTION RULES AMENDMENT OF THE CONSTITUTION TEMPORARY POWERS TO ORGANIZE ERC INTERPRETATION

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ARTICLE 1 NAME This organization is known with the name of The European Rohingya Council. Definite article the is used in order to show organizations uniqueness and non-affiliation with any other organization or entity. Article the will further forbid others to imitate the name. ARTICLE 2 THE ERC THEME IS:EUROPEAN - ROHINGYA COUNCIL ARTICLE 3 PRINCIPLE AND DIRECTIONS ERC is a non-governmental organization that strives to achieve communitys aspirations for the benefits of the Rohingya community in the Arakan State, Burma (Myanmar) and Europe in particular and Rohingya around the world in general. 3.1 To restore, uphold and protect the ethnic rights of Rohingya. To strive for the restoration of citizenship and citizens rights similar to that of any other citizen in the country (Myanmar). To uphold, protect the religious and freedom of religion for Rohingya and all other ethnicity in the country. To strive for the sovereignty of the people and social justice by practicing Democratic System of Parliamentary Government. To establish co-operation between

3.2

3.3

3.4

3.5

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Rohingya and sister communities in Arakan, other ethnic groups in Burma (Myanmar) and around the world. ARTICLE 4 TYPES OF MEMBERS 4.1 ERC members are of two types:4.1.1 4.1.2 4.2 Ordinary Member; and Affiliated member.

An ordinary member is of Rohingya race aged 18 and above. Any Rohingya irrespective of residency can apply for the membership of ERC provided that he/she is loyal to the organization and agree to abide by the constitution. An affiliated member is a nongovernmental organization or a nonRohingya which agrees to co-operate with ERC and accepts the constitution and conditions determined by the ERCs Council.

4.3

ARTICLE 5 REGISTRATION OF MEMBERSHIP 5.1 Every Rohingya has the right to apply to be ERC member in accordance with its Constitution and Rules. An application to register as an ordinary member shall be brought to the Branch Committee or shall be forwarded to the council member of the particular country. The memberships registration form must be signed by the applicant and a

5.2

5.3

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proposer from a member of the branch or council member where the application for membership is made to and shall be enclosed with the registration fees in accordance with Article 19.1. 5.4 If the responsible branch or council member failed to forward the application to ERC Council within two months, he/she can report the matter to any Council member who can report it directly to the council. The Council shall then decide on the matter. Any member can report to The Council on any applicant who is deemed to be unfit as a member of the organization. The Council has the right to make decisions on any membership application or on the status of the application (including deregistration and registration) and such decision shall be final. Any organization wishing to be an Affiliated Member shall send a written application signed by its responsible person to ERCs Secretary General. ERCs Council is empowered to determine the registration form, registration and monthly fees.

5.5

5.6

5.7

5.8

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ARTICLE 6 DUTIES AND RIGHTS OF MEMBERS 6.1 Every member has following duties:6.1.1 To uphold the organizations principles firmly and to implement its aims. To attend all meetings and to take part in all party activities wherever and whenever it is possible. To perform the organizations functions and adhere to its code of ethics, orders and discipline. To serve the ERCs and Rohingyas interest anywhere and everywhere. Readiness and willingness to oppose the Rohingyas enemies.

6.1.2

6.1.3

6.1.4

6.1.5

6.2

Every member has the following rights:6.2.1 6.2.2 To speak and give opinions and attend organizations meetings. To vote, be elected and be appointed to hold any portfolio in the organization according to the constitution.

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6.2.3

To take part in the elections and receive the o r g a n i z a t i o n s nomination as a candidate. Members being proposed for suspension shall not lose his or her membership rights unless it is decided by the council. Member who is not representative to the meetings of the Branch Delegation or the General Convention can be nominated and compete for the post by giving his consent in writing.

6.2.4

6.2.5

6.3

A member does not have right:6.3.1 To be a member of more than one Branch. To delegate his voting rights to anyone whosoever. To use his rights under Article 6.2 if he or she has not paid the fees apportioned under the Constitution in last three months or total of four 6

6.3.2

6.3.3

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months in a period of 12 months. 6.3.4 To be Chairman, viceChairman, or Committee Member of more than one Branch unless he or she has written permission from the Council. To take part in addressing, voting, electing and be elected in the Branch Convention and other than the branch where he or she is a member. A member is ceased to be the member of the organization in following cases i. He/she does not pay membership fees for three consecutive months or total of four months in a calendar year. Whenever council decides so for the breach of discipline mention in article 16.1 and 16.2

6.3.5

6.3.6

ii.

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iii.

If a member at any level send a written resignation to the Council. All the three sub article I, ii, and iii come into effect subject to the final decision of the Council.

iv.

ARTICLE 7 ERCS STRUCTURE AND ADMINISTRATION 7.1 The form of the partys structure and the division of powers is as follows:7.1.1 Central The Council. 7.1.2 Secretariats 8 secretariats unless otherwise is decided by the general Convention. Advisory Board An advisory board comprising at least 5 advisors from different communities and background.

7.1.3

ARTICLE 8 GENERAL CONVENTION 8.1 The General Convention is the highest authority and the 8

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operation of the organization is based on its powers and decree subject to ERCs Constitution and Rules. 8.2 The General Convention shall be held once a year at any time o f t h e y e a r determined by the Council on condition not later than 14 months from the date of the last General Convention. The functions of the General Convention are:8.3.1 To decide on the organizations policies. To evaluate the works done by the Council and Secretariats. Subject to Article 9.3, to choose Members of the Council. To choose the Chairman, the vice-Chairman and General Secretary.

8.3

8.3.2

8.3.3

8.3.4

8.4

The General Convention shall consist of:8.4.1 The Chairman and the ViceChairman and Secretary General. The Council members.

8.4.2

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8.4.3

At least one delegate for each Branch. However, the Council can waiver this requirement if a branch cannot send any delegate due to unavoidable constraints.

8.5

The Special General Convention shall be held when either one of the three (3) requirements are met:8.5.1 With the Chairmans and vice Chairmans request. With the written request by the majority of The Council members. With the written request of the (2/3) secretariats.

8.5.2

8.5.3

8.6

In accordance with the above mentioned article 8.5.3, the Secretary General shall call for the Special General Convention. If Secretary General does not do so within fourteen (14) days after receiving the last application from the Council members or Secretariats, the Special General Convention shall be called by the Chairman or vice chairman and if the Chairman or vice chairman does not do so within twenty eight (28) days from receiving the original call, the C o u n c i l m e m b e r s o r Secretariats that made the call for the 10

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said Special General Convention can call Special General Convention on condition that all the delegates and council members are informed. ARTICLE 9 THE COUNCIL 9.1 The Council is the body that operates the administration of ERC matters under the powers and decree of the General Convention and the Council is empowered to take any measures on behalf of the General Convention in its absence but it must be reported to the General Convention when it is convened. The Council shall consist of :9.2.1 At least one council member from each European country where Rohingyas reside. The Chairman shall be preferably one of the council members. Secretary General shall be preferably one of the council members. Article 9.2.2 and 9.2.3 can be override by the decision of two third of the council members. Electing a Council member is 11

9.2

9.2.2

9.2.3

9.2.4

9.2.5

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the rights and prerogative of the members in the country. However, countries members do not have the right to change or replace a council member until next General Convention.

ARTICLE 10 THE ERCS ELECTION AND DUTIES

10.1 Election of Council members:Each country shall be represented by at least one council member and council members shall be elected by the delegates from respective country. Council shall decide on the number of council members from a particular country. To nominate oneself for the position of council member following criteria shall be met. I. He/she must have been the ordinary member of the ERC for at least one year. Paid regular membership fees. Has not committed any harm for the organization. It is the sole right of countrys delegate to elect own council member or members. Both the council member to be elected and electing delegates shall satisfy above condition and article 4.1.1 and 4.2

II. III.

IV.

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V.

To exercise the right to select own council member or members one shall have been the member of the ERC for last three months and satisfy article 4.1.1 and 4.2

10.2 An election commission shall be formed with a neutral commissioner who is not a member of ERC if available. Election commission shall be responsible to smoothly conduct the election and oversee the whole election process. 10.3 Elected council members shall elect a Chairman and a Secretary General from within themselves who shall then be ratified by the General Convention, as soon as possible. 10.4 A vice chairman shall be elected by the general convention from within or outside council members provided that the person satisfies article 4.1.1 and 4.2 10.5 The ERC council along with its elected vice chairman shall then immediately select required secretariats that shall serve the interest of general convention and the council.

10.6 The duties of the ERCs council 10.6.1 The Chairman. To be the principal leader and responsible

10.6.1.1

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to ensure the smooth operation of the party. 10.6.1.2 To oversee the activities of every council member and secretariat and report the convention if any disciplinary action deems necessary. Chairman is spoke person of the organization.

10.6.1.3 10.6.2

Vice Chairman: To assist the chairman in his duties. To shoulder the responsibilities in the absence of the Chairman .

10.6.2.1 10.6.1.1

10.6.2

Secretary General: Responsible to the Responsible the smooth of the Councils meetings and the General Convention.

10.6.2.1 council. 10.6.2.2 operation

10.6.2.3

To prepare the Annual Statement which explains the works and progress of the organization for the

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year to the Council. 10.6.2.4 In the absence of chairman and vice chairman General Secretary shall take responsibility. 2/3 of the council members can override article 9.6.3.2, 9.6.3.3 and 9.6.3.4.

10.6.2.5

10.6.3

Treasurer: Responsible for the operation finances. of ERCs

10.6.3.1 proper

10.6.3.2

To prepare the Accounts Statement for inspection by the Council and report it to the General Convention. To collect regular membership and monthly fees from the members. To inform the council if a member has not paid his/her membership fees for three consecutive months.

10.6.3.3

10.6.4

Media Secretary: Responsible for the

10.6.4.1 15

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smooth operation of information and media activities and to report them to the Council and General Convention. 10.6.4.2 To administer website, social email, etc. ERCs media,

10.7

If the Chairman resigns Vice Chairman shall automatically be Acting Chairman until a General Convention is held to choose a new Chairman in accordance with Article 9.3 unless council decides otherwise. If all the Members of the Council resign simultaneously Chairman or the vice Chairman shall within a period of not more than sixty (60) days hold a Special General Convention to form the Council and the said General Convention must determine the duration of the said newly formed Council. Post of the Chairman and the Vice Chairman can be discharged or the Council can be dissolved by the votes of not less than two thirds (2/3) of the Council members and a temporary replacement shall be decided by the council. Council shall convene its physical meeting at least twice a year or:-

10.8

10.9

10.10

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10.10.1 At any time required by the Chairman and vice chairman; 10.10.2 On the written request of two third (2/3) of the Members of the Council. ARTICLE 11 THE OFFICE OF SECRETARY GENERAL The office of the Secretary General is responsible for the smooth cooperation and communication among the secretariats. Secretary General shall forward messages, proposals and request of the secretariats to the Council. In other words Secretary General shall perform like a bridge between Council and secretariats. SG is directly answerable to the Chairman, vice chairman and Council. ARTICLE 12 LIAISONS BODY The Liaisons Body can be formed by the Council for any branch with the purpose of running smoothly of branch activities in compliance with the guidelines given by the Council and constitution. 12.1 The Liaisons Body shall consist of:12.1.1 12.1.2 12.1.3 12.1.4 12.1.5 17 Branch Chairman. Branch vice Chairman. The Secretary General. Treasurer. Information secretary.

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12.1.6 12.1.7

Branch Heads. 2 Council members or two representatives appointed by the Council and approved by the chairman.

12.2

Liaisons Body shall be responsible to act as a channel of communication between the branch and Council.

12.3

The Liaisons Body shall convene a meeting at least once in every two (2) months, or 12.3.1 At any time required by the Branch Chairman or 12.3.2 With the written request of one third (2/3) of the number of its members in the particular branch.

ARTICLE 13 BRANCH 13.1 The Council is empowered to form a branch at each electorate area o r country wherever Rohingyas reside. To form a branch is prerogative of the ERCs Council and it shall be approved by the chairman and vice chairman. The Council is empowered to dissolved a branch after first referring the matters to the branch committee. Subject to 18 ERCs Constitution and

13.2

13.3

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Convention Rules, the operations of Branch are to be based on the powers and decree of the Council. 13.4 Branch Members shall physically meet at least once in every four months and not less than sixty (60) days before the date of the General Convention. Flexibility may be given by the Council in extraordinary case.

ARTICLE 14 BRANCH COMMITTEE 14.1 The branch Committee shall consist of branch:14.1.1 14.1.2 Chairman. Vice Chairman Secretary General. Treasurer. Information secretary. Two secretaries.

14.1.3
14.1.4 14.1.5 14.1.6 14.2

Branch Committee shall convene at least once in every two (2) months or 14.2.1 At any other time required by the branch Chairman and vice chairman. On the written request of two 19

14.2.2

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third (2/3) of the branch Members.

ARTICLE 15 DISCIPLINE 15.1 The Council is empowered to form the Disciplinary Board and determine its rules, powers and imposing punishment for the breach of the constitution and any other offences and/or making any harm to the organization, creating disunity, and/or exposing classified documents and classified contents without prior approval of the Council. Any council member, secretariat or head of the branch who wants to participate in the activities of other organizations shall get prior written approval of the Council. Council shall not object to the participation in the locally based organization. A separate disciplinary board shall be formed by the Council which will be headed by the Chairman or Vice Chairman or both and at least two council members shall be member of the board. The Council can render its disciplinary power to any Committee at the branch level. Each organizational level shall report to the Disciplinary Board of the activities of any members who are found in the 20

15.2

15.3

15.4

15.5

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breach of the discipline, for further action. 15.6 Any member who is not satisfied with the action taken by the Disciplinary Board can appeal to the Council.

ARTICLE 16 THE YOUTH AND WOMEN WING The Youth and Women Wing at all ERC levels can be formed and the Council is empowered to make the rules for them. ARTICLE 17 ERCS LOGO ERCs logo the property of the organization. Any member or non-members shall not misuse it or part of it. Description of ERCs logo. The name of organization exists inside the logo. 17.1 The globe in the logo depicts that ERC will work for the betterment of Rohingyas both inside Myanmar and around the world in cooperation and collaboration with other Rohingyas and non Rohingyas individuals and organizations. The light blue color of the globe expresses that ERC will work peacefully for the peace and harmony. Rohang ful (Rohingya national flower) surrounding globe is symbol of Rohingya. Round pinion depicts that the ERC will work to unite all the Rohingya organizations and individuals to
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17.2

17.3

17.4

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work on the common goal. 17.5 Two wings under the logo expresses that today Rohingyas are floating everywhere without any foreseeable future. Three English alphabets ERC in the logo are used to explain that this logo solely belongs to The European Rohingya Council.

17.6

ARTICLE 18 UMNOS FLAG ARTICLE 19 SOURCE OF FUNDS 19.1 ERCS funds are obtained from:19.1.1 19.1.2 Registration and monthly Fees. Both the registration and monthly fees shall be determined by the General Convention. Donations and personal contributions by the members and non-members, individuals, government and non-government organizations.

19.1.3

19.2 ERCs Financial Year is from t h e 1st of January to 31st December of the calendar year. ARTICLE 20 ERCS FEES 20.1 Every ERC member shall pay monthly membership fees as decided by the 22

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General Convention. 20.2 Fees which have been determined by the General Convention shall be paid not later than the date determined. Members can pay membership fees annually if they wish.

20.3

ARTICLE 21 HOW TO DEPOSIT AND USE ERCS FUNDS 21.1 ERCs funds, cash in hand shall be deposited in the bank account in Netherlands. Branch committee can determine themselves where Branchs funds can be deposited unless otherwise is determined by the ERCs Council. Any withdrawal of the funds shall be decided by the council and approved by the chairman or vice chairman. The Council has the right and is empowered over all funds and property, assets of the ERC at all levels.

21.2

21.3

ARTICLE 22 CONVENTION RULES 22.1 The Council is empowered to make General Convention Rules which is approved by the Registrar of Societies where organization is registered (Netherlands). The General Convention Rules shall be 23

22.2

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used for partys conference at all level. ARTICLE 23 AMENDMENT OF THE CONSTITUTION 23.1 This Constitution or any part of it can be amended or dissolved with an agreed decree of not less than two thirds (2/3) of members who are eligible to attend at the Special General Convention or Convention and must be submitted to the Registrar of Societies within a period of twenty eight (28) days from the date of the amended Constitution has been approved.

ARTICLE 24 APPROVAL OF CONSTITUTION This Constitution is effective from the date it is approved by the registrar office where organization is registered but every act or work done earlier by ERC before this Constitution is approved is valid even though the acts and works is not suitable or is not in accordance with the requirements of this Constitution. ARTICLE 25 INTERPRETATION OF CONSTITUTION In the event of conflicting interpretation of this Constitution or the rules governing the conduct of General Convention made hereunder, the interpretation given by the Council shall be final. Signatories.
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1. 2. 3. 4. 5. 6. 7. 8. 9.

Khariul Amin U Hla Tin Zakaria Abdul Rahim Mohammad Hussein Abdullah Abul Kalam Habib Pitar Abdul Gaffar Shabir Mohamed Ibrahim Mohammed Rafique

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