Governance Structure Constitution

1. Name & Preamble

The council for territorial and national youth organisations in the Pacific shall be named the Pacific Youth Council (hereinafter called the "PYC") in this constitution and the public and private realms in which its functions are to be performed.

The PYC was established in 1996 and is an autonomous non-governmental organisation (NGO) that aims to effectively represent territorial and youth organisations on policies and issues of concern to youth in the Pacific.

2. AIMS & OBJECTS

Recognising the Universal Declaration of Human Rights; our religious and family values; our cultural heritage; and, that young people can be developed positively given the appropriate opportunities, PYC aims to:

  1. Assist in the promotion of a collective voice and action issues of concern to young people in the Pacific;
  2. Promote, at all levels, a regional youth identity which is sensitive to the spiritual, cultural, social, economic and political diversities of the PYC member Countries;
  3. Enhance the common aspirations and welfare of Pacific youth;
  4. Create a greater awareness and appreciation of issues affecting Pacific youth;
  5. Foster goodwill and solidarity among Pacific youth;
  6. Promote a global understanding of issues affecting Pacific youth;
  7. Monitor prevailing and emerging Territorial, National and Regional Youth Issues and assist member Countries in developing appropriate programmes to address such issues; and
  8. Foster co-operation between non-government youth organisations in the Pacific with governmental, regional and international organisations to promote engagement and development.

3. POWERS

In order to further the objects set out in Clause 2, PYC shall have the following powers:

(a) to undertake appeals whether personal or written or by public meeting or otherwise to obtain or encourage contributions to the funds of PYC by way of donations, aid grants or otherwise:

(b) to purchase, lease, hold or otherwise acquire any land, building,
property, real or personal and any rights or privileges which may be necessary in connection with any of the objects of PYC

(c )to print or publish any pamphlets, posters, books and / or leaflets as are needed for the promotion of the objects of PYC;

(d) to appoint, employ, remove, suspend any managers, employees and such other people as may be necessary for PYC's purposes;

(e) to raise or borrow money in such manner and upon such security as the Management Committee shall think fit, provided always that before any power to borrow is exercised the Management Committee shall obtain the consent of 75% of members attending and voting at a resolution to approve such borrowing at general meeting;

(f) to sell, improve, manage, develop, exchange, lease, dispose of, or otherwise deal with, all or any part of the property and rights of PYC;

(g) to invest and deal with any monies of PYC not immediately required for any of its objects upon such security or otherwise as the Secretariat Committee sees fit; and

(h) to do all such things as are or may be incidental or conducive to the attainment of any of the objects set out in Clause 2.

4. MEMBERSHIP

4.1 Eligibility

Territorial and National Youth Organisations in the Pacific shall be eligible for membership of the PYC provided:

  1. they are registered or recognised within their own country or territory as not for profit charitable organisations constituted as umbrella bodies for youth organisations in their countries and territories;
  2. have as their main purpose the promotion of youth interests and development;
  3. they subscribe to the aims of the PYC as set out in this Constitution; and
  4. they agree to observe all other provisions of this Constitution and such decisions as may be made by the General Assembly from time to time.

4.2 Admission

  1. Only one member organisation shall be admitted from each country or territory;
  2. Application for membership can be made to the Secretariat Coordinator together with a copy of the applicant's Constitution, a copy of proof of registration or recognition as a not for profit or charitable organization in its own country or territory together with an activity report for the past year and a list of it's territorial or national membership;
  3. The Secretariat Committee shall examine any application before recommending admission to the General Assembly, such admission by a majority vote;
  4. Membership of PYC is conditional upon payment of membership fees as determined by the General Assembly from time to time; and
  5. Provisional membership may be granted by the Secretariat Committee before admission by the General Assembly if the applicant fulfils the conditions of membership.

4.3 Cessation of Membership

A member organisation shall cease to be a member of the PYC if:

  1. Three months notice is given to the Secretariat Committee in writing of it's intention to withdraw membership; or
  2. The General Assembly decides upon the recommendation of the Secretariat Committee that the organisation has failed to abide by the Constitution, provided that the said organisation is given the opportunity to present their case.

4.4 Curtailment of Rights

Member organisations which do not pay membership fees for more than two consecutive years shall not have the right to vote, elect or nominate any official until those outstanding fees are paid subject always to the waiver of such fees by the Secretariat Committee.

4.5 Observer Status

Observer status in Pacific Youth Council may be conferred by the Secretariat Committee to:

  1. International and regional non-governmental and governmental organisations which subscribe to the aims of PYC.
  2. Territorial and National Youth Organisations which subscribe to the aims of PYC but are not eligible for membership.

5: GENERAL ASSEMBLY

5.1 The General Assembly shall be the supreme policy making body of the PYC and is empowered to:

  1. Determine and approve the policy and work programmes of the PYC;
  2. Decide on PYC's Budget;
  3. Receive reports from the Secretariat Committee on policy, programmes and finance;
  4. Conduct the election of the Secretariat Committee and Office Bearers by Secret Ballot;
  5. Appoint a qualified Auditor recommended by the Secretariat Committee; and
  6. Review and amend the Constitution as required.

5.2 The General Assembly shall be convened every three years. The place and date of the General Assembly shall be decided by the preceding General Assembly but may be changed by the Secretariat Committee in case of urgency. A notice of meeting convening the General Assembly shall be sent to all member organisations and endorsed observers by the Secretariat Coordinator, on the authority of the President, not less than 3 months prior to the General Assembly.

  1. A provisional agenda, drawn by the Secretariat Committee, shall be circulated to member organisations by the Secretariat Coordinator with the notice covering the General Assembly. Items for inclusion in the final agenda shall be submitted to the Secretariat Coordinator not less than 2 months prior to the General Assembly; and
  2. The final agenda shall be circulated to member organisations not less than 1 month prior to the General Assembly.

5.3 Each member organisations shall be allowed to send up to five delegates. Organisations with observer status are allowed up to two delegates. Each member organisation shall have one vote and every decision will be taken by a simple majority vote unless the Constitution provides otherwise. Observer organisations have no voting rights.

5.4 In the event of the consideration by the General Assembly of "motions of notice":

  1. members may appoint another member to exercise a proxy vote on their behalf. Members may not hold more than one proxy; and
  2. the Secretariat Committee may make provision for members to exercise a postal vote.

5.5 The quorum of the General Assembly shall consist of one half (1/2) of it's full membership.

5.6 An extraordinary session of the General Assembly may be convened by the Chair on request of the Secretariat Committee or upon a written request to the Secretariat Coordinator from at least 1/3 of member organisations. At least 90 days notice must be given.

6. SECRETARIAT COMMITTEE

6.1 The PYC shall have a Secretariat Committee comprising 6 members, consisting of a Chair, Vice Chair, a Treasurer and 3 other members each to be elected during the General Assembly. The Secretariat Coordinator shall also attend as an ex-officio member.

6.2 Between General Assemblies authority shall be vested in the Secretariat Committee for the management and administration of the PYC, the appointment of the Secretariat Coordinator and the implementation of the decisions of the General Assembly.

  1. The Secretariat Committee shall decide upon the rules of procedures and by laws of the PYC.
  2. The Secretariat Committee shall monitor and evaluate the work of the Secretariat and provide regular directives based on the resolutions of the General Assembly.
  3. The Secretariat Committee may appoint individuals and or sub-committees to assist it in managing the affairs of the PYC effectively.

6. 3 The responsibilities of the office bearers are as follow:

  1. The Chair shall chair all the Secretariat Committee Meetings and be responsible for the smooth running of all Secretariat Committee Meetings. He/she shall have the casting vote.
  2. The Vice Chair shall perform the duties of the Chair in his/her absence.
  3. The Secretariat Coordinator reports to the Secretariat Committee. He/she shall implement the policies and decisions of the General Assembly and Secretariat Committee. He/she heads and manages the Secretariat. He/she is to call the General Assembly and Secretariat Committee Meeting as authorised by the Chair.
  4. The Treasurer is responsible to the Secretariat Committee for the administration of its accounts. He/she prepares draft budgets, statements of accounts and Annual Financial Reports for consideration of the General Assembly and Secretariat Committee.

6.4 Office Bearers and Members of the Secretariat Committee shall be elected from amongst the delegates representing the membership of the PYC by the General Assembly and shall hold office for a term not greater than the period between the meetings of the General Assembly. The election of office bearers and members of the Secretariat Committee shall be presided over by a person selected by the General Assembly who is not a candidate in such elections.

6.5 Officer bearers and Members of the Secretariat Committee shall be elected from amongst the delegates of members of PYC by simple majority in a secret ballot of members.

6.6 The Secretariat Committee shall be a fair representation of youth, sex and sub-regions. Consideration should also be given to French speaking countries and territories.

6.7 The Secretariat Committee shall meet, if possible, at least once a year.

6.8 Members of the Secretariat Committee cannot serve more than two consecutive terms.

6.9 The quorum of the Secretariat Committee shall be three (3) members.

6.10 In the event that any member of the Secretariat Committee wishes to resign, it must be in writing and the Secretariat Committee shall inform all members and request the nomination of candidates and duly vote to select someone to fill that vacancy.

6.11 In the event of formal complaints being laid against any member of the Secretariat Committee, the Committee may, in keeping with the principles of natural justice, and following an investigation by a sub-committee of no less than three members, resolve by absolute majority to suspend that member from their duties (provided that such member is given the opportunity to present their case) and report to the subsequent General Assembly.

7. SECRETARIAT

7.1 The Secretariat shall comprise a Secretariat Coordinator and required staff as deemed necessary by the Secretariat Committee.

7.2 The Secretariat shall be the centre of communication and information of the PYC and be responsible for the implementation of programmes and activities.

7.3 The Secretariat Coordinator reports to the Secretariat Committee, implements the policy and decisions of the General Assembly and the Secretariat Committee heads and manages the secretariat. He/she is to call the General Assembly and Secretariat Committee as authorised by the Chair. He/she is to administer the day-to-day running of the Secretariat.

8. FINANCE

8.1 PYC shall receive and draw funds from:

a) Membership fees from members;

b) Contributions from organisations or individual persons; and

c) Other sources as approved by the Secretariat Committee including the raising of loans through banks and other institutions.

8.2 Accounts shall be audited by the approved recognised auditors (independent from PYC) in the country where the Secretariat in located. The audited report must be distributed to all PYC members within 3 months of the end of the financial year (1 July to 30 June).

8.3 The financial year shall be recommended by the Secretariat Committee and to be endorsed but the General Assembly.

9. RULES OF PROCEDURES AND BY-LAWS

9.1 The Secretariat Committee shall be empowered to draw up rules of procedures and by-laws to govern the functioning of the PYC. The adoption of the rules of procedures and by-laws and the amendments requires the ratification of the General Assembly. The rules of procedures and by-laws are to be made available to all members and be read in conjunction with the Constitution.

10. AMENDMENTS

10.1 Where the Constitution, rules of procedures and by-laws are silent or imprecise the Secretariat Committee shall offer a suitable interpretation in accordance with the aims and objectives of PYC. Subsequent amendments to the constitution shall be made by 2/3 majority of all members present and voting at the General Assembly during a special session.

11. DISSOLUTION

11.1 The General Assembly may, by 2/3 majority of all members present and voting decide to dissolve the PYC provided that the notice of the proposed dissolution is given in writing, 3 months in advance.

11.2 In the event of the dissolution the General Assembly shall name two liquidators charged with the liquidation of all forms of assets. The General Assembly shall take all necessary measures to dispose their remaining assets to an organisation, which promotes the original aims of the PYC.

This Constitution was adopted during the General Assembly of the Pacific Youth Council, July 1996, at the South Pacific Commission Headquarters in Noumea, New Caledonia. Revised during the 2nd General Assembly of PYC, Nadi, Fiji, 15 December 2000. Further revised during the 4th General Assembly of PYC, Suva, Fiji, 24 July 2009.

 
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