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ARTICLE 1: NAME
Those who adhere to this constitution constitute a voluntary association
of democratic lawyers of all countries under the name of the International
Association of Democratic Lawyers.
ARTICLE 2: AIMS
The aims of the Association are:
(a) To facilitate contact and exchanges of views between lawyers
and lawyers' associations of all countries and to foster understanding
and goodwill among them.
(b) To work together to achieve the aims set out in the Charter
of the United Nations.
(c) To ensure common action by lawyers:
i) to encourage in the realm of law the study and practice of
the principles of democracy making for the maintenance of peace
and cooperation between nations.
ii) to restore, defend and develop democratic rights and liberties
in legislation, and in practice.
iii) to promote the independence of all peoples and to oppose
any restriction on this independence whether in law or in practice.
iv) to defend and promote human and peoples rights.
v) to promote preservation of ecology and healthy environment.
vi) to struggle for strict adherence to rule of law and independence
of judiciary and legal profession.
vii) to defend peoples' rights to development and for creation
of conditions of economic equality, enjoyment of fruits of scientific
progress and natural resources.
ARTICLE 3: HEADQUARTERS
The headquarters of the Association shall be at such place as may
be decided by the Bureau.
ARTICLE 4: MEMBERSHIP
(1) Membership of the Association is open to:
(a) Any national or international association of lawyers having
aims and activities which are in accordance with the aims of the
Association.
(b) Any person who accepts the aims of the Association and by
profession or appointment exercises a judicial function or who
devotes himself to the study, practice, or teaching of law.
(2) Applications for membership shall be made to the Bureau which
can provisionally accept them. Such acceptances are subject to confirmation
by decision of the Council.
ARTICLE 5: OFFICE BEARERS
(a) The Association shall have the following office bearers to
be elected by the General Assembly:
President
Secretary General
Treasurer
(b) No person shall hold the same office for more than two consecutive
terms.
(c) The General Assembly may in recognition of the outstanding
contribution of the individuals elect such an individual as President
Emeritus.
(d) Rules may be framed by the Council to provide for the procedure
for election of the office bearer. In the absence of rules, the
Council shall be free to determine its procedure for the purpose.
ARTICLE 6: THE ORGANS
The Organs of the Association are:
i) the General Assembly
ii) the Council and
iii) the Bureau
ARTICLE 7: THE GENERAL ASSEMBLY
(a) The General Assembly is the supreme organ of the Association
and is competent to take all decisions in the name of the Association
including the amendments of the Constitution.
(b) The General Assembly shall be called once in four years.
(c) Member organizations shall be represented by their duly accredited
delegates.
(d) Every member organization will have two votes which are divisible.
(e) Individual members of the Association may participate in
the General Assembly without any right to vote.
ARTICLE 8: THE COUNCIL
(a) Between the meetings of the General Assembly all its powers
except that of amendment of the Constitution, shall vest in the
Council.
(b) The Council shall be comprised of all the members of the
bureau, all other office bearers and one representative of each
member association duly appointed by it to the Council.
(c) The Council shall ordinarily be called once a year.
(d) All decisions of the council shall be taken by a majority
of those present and voting.
ARTICLE 9: THE BUREAU
(a) The Bureau shall be the executive organ of the Association
and be comprised of not more than eighteen members to be elected
by the General Assembly out of which the President, Secretary
General and the Treasurer shall be ex-officio and the rest shall
be elected by the General Assembly ensuring balanced geographical
and gender representation.
(b) the representatives of the Association accredited to international
organizations and the editors of its publications shall be permanent
invitees to the Bureau.
(c) The Bureau shall be responsible for directing the work of
the Association in accordance with this Constitution and is to
carry out the decisions of the General Assembly and the Council.
(d) The Bureau shall assign specific responsibilities to the
members of the Bureau and may elect Vice-Presidents, Deputy Secretary
Generals and Assistant Treasurers from among its members.
(e) The Bureau may constitute standing committees of special
committees and working groups not necessarily of its members with
specific responsibilities. All such committees shall report to
the Bureau and work according to its directions.
(f) Any vacancy on the Bureau may be filled by the Bureau itself
subject to ratification by the Council. The Bureau may invite
representatives of any member association to attend and participate
in its meeting(s).
ARTICLE 10: HONORARY ADVISORS
The General Assembly/Bureau may constitute a Board of Advisors
and elect as Honorary Advisors eminent persons in the field of law
for their contribution to the Association, a national association
or to jurisprudence.
ARTICLE 11: FINANCE
(a) The funds of the Association shall be derived from:
(i) the annual subscriptions of member Associations and individual
members.
(ii) grants; donations and contributions; sale of publications;
savings and investments; and such other sources as may be authorized
by the Bureau, not inconsistent with the objects of the Associations.
(b) All the funds of the Associations shall be kept in the bank
accounts of and in the name of the Association.
(c) The bank accounts of the Association shall be operated by
the Treasurer and/or such other person(s) who may be specifically
authorized by the Bureau.
ARTICLE 12: AUDIT
(a) The accounts of the Association shall be audited every year
by an Audit Committee.
(b) After every General Assembly, the Council shall elect an
Audit Committee comprised of not less than three members.
(c) the Audit Committee shall continue to hold office until a
new Audit Committee is elected after a General Assembly.
(d) Vacancies in the Audit Committee may be filled by the Bureau
subject to its ratification at the next meeting of the Council.
(e) The Audit Committee may audit the accounts itself and if
considered necessary, it may associate or authorize any other
member(s) or professional auditor(s) for the purpose.
ARTICLE 13: EXPULSION
(a) Any member association or individual may be expelled from
the membership of the Association by a resolution of the Council
adopted by a two-third majority of the members present and voting
if its activities are in conflict with those of the Association.
(b) Whenever a proposal for expulsion is received, the member
concerned shall be given an opportunity to explain or of being
heard before taking a decision.
(c) The Council shall state reasons for expulsion and its decision
shall be effective immediately.
(d) Any member aggrieved may appeal to the General Assembly against
the decision of the Council and the decision of the General Assembly
shall be final.
ARTICLE 14(a): THE PRESIDENT
The President shall be the head of the Association and will represent
it in all fora. He/She will preside over the meetings of the General
Assembly, the Council and the Bureau. In the absence of the President,
any of the Vice-Presidents or another member may be requested to
preside at the meeting.
ARTICLE 14(b): THE SECRETARY GENERAL
The Secretary General shall be the chief executive of the Association.
It shall be his/her responsibility to keep and maintain the records
of the Association; periodically convene all meetings; in the absence
of the President, to represent himself/herself to arrange for the
representation of the Association; and to regularly submit reports
to the various organs of the Association.
ARTICLE 15: AMENDMENTS
The Constitution may be amended by the General Assembly with a
two-third majority of members present and voting.
ARTICLE 16: DISSOLUTION
The Association may be dissolved or merged with any other organization
having similar objects by a resolution of the General Assembly or
the Council approved by a two-third majority of the members present
and voting. In the event of dissolution the resolution will also
indicate the manner of disposal of the assets of the Association.
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Additional
copies are available from the International Association of Democratic
Lawyers, The Office of The President, 17 Lawyers Chamber, Supreme
Court of India, New Delhi 110001 India, Tel: 91-11 338 22.71
Fax: 91 -11 649 41.45. |
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