Preamble
After more than two decades of catastrophic war
in Cambodia, it has resulted in immeasurable destruction and suffering. One
of the most tragic consequences the country has left behind a great number
of people with disabilities caused by landmines, weapons, traffic accidents,
malnutrition and inadequate welfare and health care services. Up to the
present day, these incidents are continuing to take place, which constantly
increases the number of people with disabilities.
Now we,
as Cambodian People with Disabilities have read and agreed with the
following:
- The United Nations Declaration on the Rights of
Disabled People, 9th December 1975.
- World Program of Action Concerning Disabled Persons,
1982.
- UN Standard Rules on Equalisation of Opportunity
for Persons with Disabilities, 1993.
- The Economic and Social Commission for Asia and
Pacific’s Resolution 48/3 establishing the Asian and Pacific Decade of Disabled
Persons, 1993-2002.
- The Proclamation on the Full Participation and
Equality of People with Disabilities in the Asia and Pacific Region, signed
by the Co-Prime Ministers of the Royal Government of the Kingdom Of Cambodia
on October 20, 1994, who will co-operatively contribute to putting such
a declaration into practical activities; and
- The 2nd Asia-Pacific Decade of Disabled Persons
“Biwako Millennium Framework for Action towards Inclusion of People with
Disabilities in the Asian and Pacific Region, 2003-2012”.
Because of our determination and desire to decide our own
destiny, we totally agree with the statements of these declarations. And we
will wholeheartedly participate in this process together with the
Government, national and international non-governmental organizations, and
civil society in order to realize the aspirations of Cambodian persons with
disabilities from the date this Constitution enters into force.
Chapter 1: General Provisions
Article 1:
Name
Article 2: Declaration
-
CDPO is a non-governmental organisation, which is not
involved in any political party, has no religious, gender or racial
discrimination, and is a not-for-profit organisation.
Article 3: Foundation
-
CDPO came into existence following the unanimous
decision made by 119 representatives of people with disabilities from various
provinces and organisations work for and with people with disabilities at the
first seminar on ”People with Disabilities in Cambodia”, held in September 1994
in Phnom Penh, Cambodia.
Article 4: Address
- The Central Office of CDPO will be located in
Phnom Penh, Cambodia.
- The above location may be defined as necessary
through a decision of the Board of Management of CDPO.
Chapter 2: Mission and Objectives
Article 5: Mission
CDPO is an organisation of people with disabilities whose mission is to:
- Develop the networks of people with disabilities
so as to support, protect, serve and promote their rights, achievements
and interests, in order to bring about their fuller participation and
equality in society.
- Help bring into reality the ideals contained
in the Proclamations and Declarations as stated in the preamble of this
constitution.
General Objectives
- To promote and bring about positive changes in
attitudes in Cambodian society towards people with disabilities.
- To upgrade, support and protect the rights and
interests of people with disabilities by encouraging the establishment
of associations, which can enable people with disabilities to address
social and economic issues among their members.
- To participate with/or contribute to policy-making
bodies of the government in formulating legislation/regulation on job
quotas appropriate to physical ability and skill of people with disabilities,
and issues of accessibility of opportunities and the physical environment
which would allow people with disabilities to get opportunities for wider
participation in society.
- To co-operate with Government agencies as well
as national/local and international NGOs to provide support to strengthen
the community-based programs and services in the interests of people with
disabilities and their families.
Chapter 3:
The Membership of the Organisation
Article 6. Declaration
CDPO welcomes prominent figures and people with
disabilities of all types of disabilities to be members, regardless of race,
gender, religion or political ideology. This acceptance is provided that they
have goodwill and kind support with the ideals, objectives and interests of CDPO
in all ways.
Article 7. General Membership
Registered Membership
Corporate Membership
- Organisations or businesses wishing to contribute
to the development of the work of CDPO may become a Corporate Member.
- The Board of Management will approve suitable
sponsorship agreements.
Honorary Membership
- CDPO recognises the support and contribution
from prominent people of the Government and their agencies, of people
who have contributed a lifetime of work for the people with disabilities
and other individuals who have made a significant impact for the benefit
of the people with disabilities in Cambodia.
- The Board of Management will invite such people
to become Honorary Members of CDPO.
Article 8: Membership Rights
General member only is entitling to the rights as
stipulated in article 7. Registered members, Corporate Members and Honorary
Members have the right to:
- Participate in General Assembly as a Delegate
in accordance with the selection procedures set out in the policies and
procedures of CDPO.
- Participate in activities organised by CDPO.
- Elect members of the Board of Management of CDPO
in accordance with the procedures set out in the policies and procedures
of CDPO.
- Be Nominated for election to the Board of Management
of CDPO in accordance with the procedures set out in the policies and
procedures of CDPO.
- Be involved in planning and developing projects
on disability issues for the people with disabilities in Cambodia.
Chapter 4: The Organisational Structure of CDPO
Article 9: Organisational Structure
- The authority of the General Assembly of the
membership of CDPO is delegated to the Board of Management of CDPO for
the efficient running of the organisation.
- The Board of Management of CDPO is accountable
only to a General Assembly of CDPO.
- The Board of Management will appoint an Executive
Director to conduct the business of the organisation.
- The Executive Director is accountable to the
Board of Management for the efficient running of the organisation.
- The Executive Director will appoint other staff
as required according to the procedures set out in the policies and procedures
of CDPO.
- All staff will be employed on a contract basis
as set out in the policies and procedures of CDPO.
Article 10: The General Assembly
- The General Assembly of the Membership of CDPO
is the highest authority of the organisation.
- The General Assembly will be called approximately
every 3-4 years.
- The Board of Management will decide the selection
of delegates for the General Assembly by the procedure set out in the
policies and procedures of CDPO.
- An Extraordinary General Assembly of the Members
of CDPO may be called at any time by the Board of Management to resolve
particular issues. An election for new Board members may or may not take
place.
- An Extraordinary General Assembly is not required
to receive reports on the activities of CDPO unless they are part of the
issues that need to be resolved.
- The proceedings of an Extraordinary General Assembly
must be reported to the Membership of CDPO.
Article 11: The Tasks of the General Assembly
The General Assembly will:
- Review and approve any recommended changes to
the Constitution that are suggested by the Board Of Management Of CDPO
- Receive a report from the Board of Management
of CDPO on the achievements of CDPO.
- Receive a report from the Executive Director
on the activities of CDPO.
- Receive an Audited Report on the finances of
CDPO.
- Elect the required new Board Members from the
Delegates.
- Advise the Board of Management on the priorities
for Planning and the issues to be developed.
- Approval of any proposal at the General Assembly
will be by simple majority.
- A Quorum of the General Assembly will be two-thirds
of the voting Delegates.
Article 12: The Board of Management
- The Board of Management is the decision making
body of CDPO.
- The Board of Management will consist of 9 members
are elected at the General Assembly.
- At least 2 permanent sits will reserve for women
with disabilities who have ability during election.
- The Term of the Board of Management is approximately
3-4 years.
- Members of the Board of Management may be elected
for 2 consecutive terms. They may rerun for election after an absence
of one term.
- Ex-officio Members of the Board of Management
with special skills may be co-opted to the Board for a term of 1 year.
- The Board of Management should have an authority
to establish other specific committee(s) according to the need of CDPO.
- Only people with disabilities could be a Board
of Management member of CDPO.
Article 13: Role and Responsibilities of the Board
of Management
- Arrange and Co-ordinate the General Assembly.
- Contract the Executive Director to run the organisation
on a day-to-day basis.
- Direct the Executive Director in their activities.
- Guide and approve the development of strategic
and other plans of CDPO.
- Review and Monitor the implementation of the
activities of CDPO.
- Monitor and advise on the expenditure of CDPO.
- Approve the policies and procedures of CDPO.
- Direct the formulation of the activities of CDPO
according to the prioritised issues developed in the strategic plan.
Article 14: The Power of the Board of Management
- The Board of Management has been empowered by
the General Assembly to make decisions on its behalf during the period
between each Assembly.
- The Board of Management has the right to make
the decisions on the direction, the policies and procedures and all other
activities of CDPO.
- The Board of Management has authority to terminate
contract of the Executive Director.
- The Board is responsible to the General Assembly
for the performance of those activities.
Article 15: Office Bearers of the Board of
Management
- The Board of Management shall elect from amongst
themselves, a Chairperson, Vice- Chairperson, and Treasurer.
- The Executive Director shall act as Secretary
to the Board when requested.
Article 16: Meetings of the Board of Management
Article 17: Nominations for the Board of
Management
- Nominations for the Board of Management of CDPO
shall follow the procedures as set down in the policies and procedures
of CDPO.
- The Board will screen nominee’s applications
to ensure they conform to the criteria set out in the policies and procedures
of CDPO.
- The approved nominations will be submitted to
the General Assembly or Extra Ordinary General Assembly for election.
Article 18: The Executive Director
- The Executive Director has the task of executing
all the projects and activities entrusted to them by the Board of Management.
- The Executive Director shall act as Secretary
to the Board of Management.
Chapter 5: The Income Sources of CDPO
Article 19: Income sources
Chapter 6: Policies and Procedures
Article 20: Policies and Procedures
- The policies and procedures for the orderly running
of CDPO shall be written down and approved by the Board of Management.
- All procedures and policies will be kept in a
Policy Manual.
- The Policy Manual is the set of rules by which
CDPO is governed.
- Policies and Procedures will be drafted by the
Executive Director and submitted to the Board for approval.
- The Policy Manual will also contain copies of
all Employment Contracts.
Chapter 7: Changes to the Constitution
Article 21: Constitutional Changes
- The Board shall make recommendations for changes
to the Constitution to a General Assembly or an Extraordinary General
Assembly.
- Recommendations will be accepted with the agreement
of two-thirds of the Delegates at the assembly or meeting.
- The proposed changes to the Constitution will
be available at the CDPO offices 14 days before the meeting.
- Proposals for changes to the Constitution should
be addressed to the Board of Management.
Chapter 8: The Demobilisation of the
Organisation
Article 22: Demobilisation of CDPO
- Agreement of two-thirds of the Registered Members
is required for the demobilisation of the organisation.
- In this event, the board has the power to liquidate
the assets of CDPO.
- Any excess capital or other assets will be donated
to another organisation working in the disability sector of Cambodia.
Chapter 9: Final Provision
Article 23: Cambodian Law
Chapter 10: The Promulgation of the Constitution
Article 24: History
- The Constitution came into effect on the 23rd
of August 1995.
- First amendments were made at the 3rd
General Assembly on the 20th of October 2000.
- Revision of the Constitution drafted in November
2002 and in June 2003.
Approved by CDPO General Meeting on
date August 20th 2003
Authorised signature by Chairperson of CDPO Board of Management
Phnom Penh, Date:
